(a) The Division of Watershed Stewardship shall require that a specified sum be deposited with it by the petitioners before the petition is filed in the office of the prothonotary to cover filing fees, mailing and other necessary expenses. The amount of the deposit shall be determined by the Division of Watershed Stewardship and may vary according to the size of the area involved, the complexity of the problem, and other pertinent factors. If the original deposit is not sufficient, the Division of Watershed Stewardship shall require an additional deposit as soon as the need for such becomes evident.
(b) The Division of Watershed Stewardship shall keep an account of such deposits and shall return any unused portion thereof to the petitioners upon completion of final action by the Superior Court. When such action is favorable, the petitioners shall be repaid out of the first moneys collected by the tax lagoon all expenses of formation charged to them by the Division of Watershed Stewardship.
(c) From the funds deposited with it pursuant to this section, the Division of Watershed Stewardship shall pay filing fees, mailing and other necessary expenses incurred in the investigation and formation of a tax lagoon.
Structure Delaware Code
Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS
Subchapter III. Formation of Tax Lagoon; Procedure
§ 4310. Nature of a tax lagoon.
§ 4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship.
§ 4314. Deposit upon filing of petitions for tax lagoon.
§ 4315. Duties of the Division of Watershed Stewardship upon receipt of petition.
§ 4316. Investigation; hearing.
§ 4318. Determinations to be made by board of lagoon management commissioners.
§ 4319. Existing works of improvement; compensation for work done thereon.
§ 4320. Factors in determination of cost.
§ 4322. Proposed report of board of lagoon management commissioners.
§ 4323. Notice of hearing on establishment of tax lagoon.
§ 4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum.
§ 4325. Contents of report; filing.
§ 4326. Signing of lagoon management commissioners' report; dissent.
§ 4327. Waiving of lagoon management commissioners' hearing and referendum.
§ 4328. Action by Superior Court; notice of final hearing.
§ 4329. Final hearing; lagoon order.
§ 4330. Right to jury trial; procedure.
§ 4331. Defense of contested lagoon orders; Attorney General.
§ 4332. Notice of final action on lagoon order.
§ 4333. Permanent court record.