Title 9 — Counties

§ 101. Division of State into counties. The State is divided into 3 counties: New Castle, Kent and Sussex.Code 1852, § 5; Code 1915, § 8; Code 1935, § 8; 9 Del. C. 1953, § 101;

§ 102. New Castle County boundaries. New Castle County comprises that part of the State which is bounded as follows: On the north, by the State of Pennsylvania; on the east, by low watermark on the eastern side of the Delaware River within the 12-mile circle described from New Ca…

§ 103. Kent County boundaries. Kent County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of New Castle County, as described in § 102 of this title; on the east, by the middle line of Delaware Bay from the point where th…

§ 104. Sussex County boundaries. Sussex County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of Kent County as described in § 103 of this title; on the east, by the middle line of Delaware Bay from the point where the s…

§ 105. Hundreds in New Castle County; boundaries. (a) New Castle County is divided into 11 hundreds, as follows: Appoquinimink, Blackbird, Brandywine, Christiana, Mill Creek, New Castle, Pencader, Red Lion, St. Georges, White Clay Creek and Wilmington. (b) Brandywine Hundred comp…

§ 106. Hundreds in Kent County. Kent County is divided into 9 hundreds, as follows: Duck Creek, East Dover, West Dover, Kenton, Little Creek, Milford, Mispillion, North Murderkill and South Murderkill.Code 1852, § 9; Code 1915, § 10; Code 1935, § 10; 9 Del. C. 1953, § 106;

§ 107. Hundreds in Sussex County. Sussex County is divided into 13 hundreds, as follows: Baltimore, Broad Creek, Broadkiln, Cedar Creek, Dagsboro, Georgetown, Gumboro, Indian River, Lewes and Rehoboth, Little Creek, Nanticoke, North West Fork, and Seaford.Code 1852, § 10; Code 19…

§ 1001. Purpose. The purpose of this chapter is to prevent the deterioration of for-profit cemeteries in each county and to empower each county to enforce maintenance regulations and penalties for the failure to follow such regulations. 81 Del. Laws, c. 385, § 1;

§ 1002. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]. As used in this chapter: (1) “Cemetery” means land or structure used or intended to be used for the interment or entombment of human remains, including facilities used for the final disposition…

§ 1003. Maintenance of for-profit cemeteries. (a) The government of each county may establish regulations regarding maintenance of for-profit cemeteries, including: (1) Trimming or mowing grass, pruning shrubs, or trimming trees in and around the cemetery. (2) Trimming or mowing …

§ 1401. Selection, qualification, term, compensation and removal of the County Auditor. (a) There is established, within the Government of New Castle County, the Office of the County Auditor the administrator and head of which shall be known as the County Auditor. The County Audi…

§ 1402. Budget; Assistant County Auditors; Contract Auditors. (a) County Council by ordinance may establish positions to serve as assistants to the County Auditor after consideration of the Audit Committee’s recommendation. (b) Notwithstanding any other provision of law governing…

§ 1403. Certification of annual financial report of Chief Financial Officer. (a) The County Auditor shall have a qualified accounting firm conduct an audit of the annual financial report of the Chief Financial Officer and append thereto a certificate which shall state whether, in…

§ 1404. Annual audits and the audit committee. (a) The County Auditor shall oversee, coordinate, and monitor an annual audit of the accounts, books, and records of all offices, departments, and boards that reflect transactions involving financial activities and financial affairs …

§ 1405. Reports of the County Auditor; audit follow up. (a) Copies of the reports concerning each audit or examination shall immediately upon preparation thereof be filed with the Audit Committee, the County Executive, the Chief Administrative Officer, the Chief Financial Officer…

§ 1406. Assistance to County Council. The County Auditor shall provide such assistance to the County Council as the County Council may require of the County Auditor through request of a majority of Council or in the job description in any matter before it, including but not limit…

§ 1407. Audit schedule; special examinations or audits; risk assessment review. (a) Prior to the beginning of each fiscal year, the County Auditor shall submit an annual audit plan to the Audit Committee for review and comment. The plan shall include the proposed schedule for aud…

§ 1408. Access to records, property and employees; required contract provisions for access. (a) All officers and employees of New Castle County, and all departments, offices, boards, activities, subcontractors, agencies, and instrumentalities thereof which are the subject of an a…

§ 1409. Annual external audit. At the close of each fiscal year, the County Council, in accordance with County procurement laws and upon advice from the Audit Committee, shall cause a person or persons, certified by the laws of the State to practice accounting and not an employee…

§ 1410. Quality assurance reviews. (a) The Audit Committee shall conduct quality assurance review of the activities and functions of the Office of the County Auditor. Such review shall take place every 3 years from the date of the last such quality assurance review. (b) The Audit…

§§ 1901-1903. Fire prevention outside of incorporated towns; county police; powers and duties; mergers [Repealed]. Repealed by 71 Del. Laws, c. 401, § 69, effective July 13, 1998.

§ 2101. Lighting streets and highways in unincorporated communities and villages; petition. (a) Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, the County Council may enter into a contract with any electric, …

§ 2102. Levy and collection of light tax; penalty for late payment. (a) The County Council, for the purpose of providing street and highway lighting pursuant to § 2101 of this title, shall levy for the installation and maintenance of such lights an annual tax based on the full an…

§ 2103. Light tax; administration of fund; surplus. The Department of Finance of New Castle County shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the County Executive and approved by the Department…

§ 2104. Removal of lights. Lights installed under the provisions of this chapter shall be removed only by ordinance of County Council or upon its direction after receipt of a petition, signed by a majority of the property owners within the bounds of any lighted community or villa…

§ 2301. Conditions for establishment of sanitary sewer district. Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the construction of interceptor sewers, outfall sewers and sewage treatment plants wil…

§ 2302. Establishment or revision of sanitary sewer districts without election; consolidation of districts. (a) Where the County Council has already constructed sewers to which 50 or more houses have been connected, the County Council may establish, upon request of the Department…

§ 2303. Establishment of sanitary sewer district upon petition of voters. Fifty or more legal voters who are residents of a proposed sanitary sewer district, may petition the County Council to submit the question of organizing a sanitary sewer district to a vote of electors resid…

§ 2304. Public hearing; notice. The County Council, upon receipt of a petition submitted as provided in § 2303 of this title, shall, and the County Council may, upon its own motion and without having received such a petition, set a date for a public hearing on the question of org…

§ 2305. Action of County Council following hearing. (a) After the public hearing referred to in § 2304 of this title shall have been closed, the County Council shall, by resolution, determine whether or not it is in the public interest to establish the district and, if it deems i…

§ 2306. Election on question of establishment of district. (a) Whenever the determination on the question of establishing the district, as required by § 2305 of this title, is in the affirmative, and after the other requirements of that section have been complied with, the County…

§ 2307. Action of County Council following election favoring establishment of district. (a) If the majority of the voters are in favor of establishing the sanitary sewer district, the County Council shall within 30 days following the election, issue a determination to that effect…

§ 2308. Construction of system adequate for future connections. The County Council may construct and maintain main sewers and sewage treatment works in order to provide a satisfactory outlet for any subdivision which may at any future time connect submain or lateral sewers to it.…

§ 2309. Construction or maintenance of sewers for cities or towns. The County Council may construct or maintain submains or laterals as agents for cities or towns when officially requested so to act and when the cost of such work is to be borne by local assessments against the pr…

§ 2310. Adjustment of assessment for cost of existing sewers included in a district. In the case where a sanitary sewer district shall include areas wherein sanitary sewers have been constructed under the authority of the County Council, or by incorporated towns, corporations or …

§ 2311. Bonds; power to issue; terms; authority of County Executive. (a) The County Council may issue bonds of New Castle County to finance the cost of constructing sewage disposal facilities in any sanitary sewer district. The moneys raised by the issuance of such bonds shall be…

§ 2312. Notice of sale of bonds. The County Council shall provide notice of its intent to sell bonds in at least 2 issues in 1 newspaper of general circulation published in New Castle County at least 10 days prior to the sale of the bonds. The notice shall state the total amount …

§ 2313. Deposit accompanying bids. The County Council may require each bid for the bonds to be accompanied by a certified check in the amount of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the County Council shall return to the unsuc…

§ 2314. Sale of bonds; opinion of County Attorney. (a) The County Council may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the person, persons, firm or corporation which, in the judgment of the County Council, offers the mo…

§ 2315. Preparation, form and execution of bonds. The County Council shall direct and effect the preparation and printing of the bonds authorized by this chapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds…

§ 2316. Annual assessment; procedure for fixing amount. (a) The County Council each year, at a time to be fixed by it, shall, after a public hearing, establish an annual assessment roll for the sanitary sewer district which shall be known as the “Sanitary Sewer District Assessmen…

§ 2317. Collection of assessments. The annual assessments shall be collected by the County Council as are other county taxes. The properties against which such assessments are levied shall be liable for the payment of the assessments in the same manner as they are liable for othe…

§ 2318. Rules and regulations governing use of sewage disposal facilities. The County Council may promulgate from time to time and enforce such rules and regulations, as may be necessary, governing the use of the whole or any parts of such sewerage systems or sewage treatment pla…

§ 2319. Grants or loans from federal, state or interstate agencies. The County Council may accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state government or from interstate agencies established by law, to acco…

§ 2320. Validation of prior acts and proceedings. All proceedings taken and all acts done prior to June 2, 1949, purporting to establish any sanitary district for the purposes set forth in Article 1, Chapter 43, Revised Code of the State of Delaware, 1935, as amended by Chapter 1…

§ 2321. Order to connect to sanitary sewer; enforcement. (a) The County Council may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel of land within a sanitary district which abuts upon a street or other public way containing …

§ 2401. Acquisition of land generally; construction and operation of incineration or garbage disposal plant. The County Council may acquire land or any interest therein at any place within the County that it deems advisable and may construct and operate upon the land so acquired …

§ 2402. Acquisition by purchase or eminent domain; condemnation proceedings. (a) The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain which is expressly granted. In any case in which the County Council co…

§ 2403. Powers of County Council as to operation of plant; regulations and charges for service. (a) The County Council may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration and garbage disposal plant or plants, including the …

§ 2404. Power to borrow money and issue bonds; interest rates. The County Council may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plan…