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Chapter 1. GENERAL PROVISIONS
§ 101. Annexation by city or town. - Any city or town proposing to extend its boundaries, irrespective...
§ 101A. Annexation by large municipalities; special elections. - (a) Any municipality in the State having a population in...
§ 102. Commissioners for unincorporated towns; election and powers. - Every unincorporated town having more than 300 inhabitants may annually...
§ 103. Street openings. - No person shall open or excavate the bed of any...
§ 104. Selling farm products in Wilmington street markets. - The City Council of the City of Wilmington shall not...
§ 105. Withdrawal or removal of property from city or town; special election; voting rights. - The General Assembly shall not enact any law which removes...
§ 106. Debt limit of cities with population in excess of 50,000. - (a) All cities in the State having a population in...
§ 107. Use of eminent domain powers for federal community development programs. - (a) It is found and declared that there exists in...
§ 108. Ambulance, fire and police services. - Where an area of real property owned by a municipality...
§ 109. Municipal parks; use for veterans' services; waiver of fee. - No fee shall be imposed on any recognized veterans' service...
§ 110. Parking spaces for use by persons with disabilities. - (a) The county government of each of the 3 Delaware...
§ 111. Limitation on firearm regulations. - (a) The municipal governments shall enact no law, ordinance or...
§ 112. Fees and costs in all proceedings to collect real estate assessment taxes and water and sewer service charges. - (a) The fees and costs to be assessed and collected...
§ 113. Approval of final bid at sheriff's sale; prequalification of bidders. - (a) The municipality, by and through its director of its...
§ 114. Public advertising and notices. - Notwithstanding any provision to the contrary, public advertising and notices...
§ 115. Construction using public financial assistance. - No building or structure shall be constructed using public financial...
§ 116. Dogs. - The municipal governments shall enact no law, ordinance, or regulation...
§ 117. Lease of public lands. - The municipal governments of this State may execute and deliver,...
§ 118. Limitation on residency and location restrictions for sex offenders. - No municipality of this State shall enact or enforce any...
§ 119. Residential installation of electric vehicle charging station. - (a) (1) The purpose of this section is to facilitate...
Chapter 3. MUNICIPAL ZONING REGULATIONS
Subchapter I. General Provisions
§ 301. Grant of power. - For the purpose of promoting health, safety, morals or the...
§ 302. Division into districts; regulations. - For any or all of the purposes provided in §...
§ 303. Purpose of regulations. - The regulations shall be made in accordance with a comprehensive...
§ 304. Establishment and enforcement of regulations. - The legislative body of the municipality shall provide for the...
§ 305. Changes in regulations; procedure. - The regulations, restrictions and boundaries may from time to time...
§ 306. Zoning commission. - In order to avail itself of the powers conferred by...
§ 307. Conflict with other laws. - Wherever the regulations made under authority of this chapter require...
§ 308. Enforcement. - In case any building or structure is erected, constructed, reconstructed,...
§ 309. Residential facilities for persons with disabilities. - (a) For purposes of all local zoning ordinances a residential...
§ 310. Transfer of development rights; receiving zones. - For any or all the purposes provided in § 301...
§ 311. Emergency Communication Systems. - The zoning ordinance and regulations adopted pursuant to this chapter...
§ 312. Complete Community Enterprise Districts. - For any or all of the purposes provided in §...
Subchapter II. Boards of Adjustment
§ 321. Creation and powers. - The legislative body of cities or incorporated towns shall provide...
§ 322. Composition; terms of office. - (a) In cities or incorporated towns not having heretofore adopted...
§ 323. Rules; meetings; administration of oaths; records. - The board of adjustment shall adopt rules in accordance with...
§ 324. Appeals to board. - Appeals to the board of adjustment may be taken by...
§ 325. Stay of proceedings. - An appeal stays all proceedings in furtherance of the action...
§ 326. Notice and hearing on appeal. - The board of adjustment shall fix a reasonable time for...
§ 327. Determinations of board. - (a) The board of adjustment may: (1) Hear and decide...
§ 328. Appeal to Superior Court from board's decision. - (a) Any person or persons, jointly or severally aggrieved by...
§ 329. Priority of proceedings. - All issues in any proceeding under this subchapter shall have...
§ 330. Hearing on appeal. - If, upon the hearing, it shall appear to the court...
§ 331. Record on appeal. - The board of adjustment shall not be required to return...
§ 332. Costs on appeal. - Costs shall not be allowed against the board of adjustment,...
Chapter 5. PARKING AUTHORITIES
§ 501. Findings and declaration of policy. - It is determined and declared as a matter of legislative...
§ 502. Definitions. - As used in this chapter, unless the context requires a...
§ 503. Method of incorporation. - (a) Whenever the city council or other governing body of...
§ 504. Purpose and powers. - (a) The authority, incorporated under this chapter, shall constitute a...
§ 505. Bonds. - (a) The bonds of any authority referred to and authorized...
§ 506. Remedies of bondholders. - (a) The rights and the remedies conferred upon or granted...
§ 507. Governing body. - (a) The powers of each authority shall be exercised by...
§ 508. Acquisition of lands; cost financing by municipality. - The authority may acquire by purchase or eminent domain proceedings...
§ 509. Moneys; examination of accounts. - All moneys of any authority, from whatever source derived, shall...
§ 510. Contracts; competitive bidding. - (a) The procurement of material and the award of contracts...
§ 511. Rules and regulations. - The use of the facilities of the authority and the...
§ 512. Continuation of powers. - The State hereby pledges to and agrees with any person,...
§ 513. Termination of authority. - When any authority shall have finally paid and discharged all...
§ 514. Exemption from taxation; payments in lieu of taxes. - The effectuation of the authorized purposes of the authorities created...
§ 515. Transfer of existing facilities to authority. - (a) Any municipality or owner may sell, lease, lend, grant...
§ 516. Indemnification. - (a) The Wilmington Parking Authority shall indemnify any member who...
Chapter 7. PLANNING COMMISSION
§ 701. Establishment; membership. - Any incorporated city or town may at any time establish...
§ 702. Comprehensive development plan. - (a) A planning commission established by any incorporated municipality under...
§ 703. General studies and reports. - The planning commission shall have full power and authority to...
§ 704. Adoption of official map. - Each incorporated city or town established under this title may,...
§ 705. Change of or addition to official map. - An incorporated city or town so adopting an official map...
§ 706. Establishing or changing public ways and parks. - This chapter shall not abridge the powers of the city...
§ 707. Public way or park to be shown on official map. - Upon final action by the proper authorities in laying out,...
§ 708. Reference of certain matters to planning commission. - In a city or town having a planning commission established...
§ 709. Entry upon lands; making examinations and surveys. - Planning commissions established under this chapter, their officers and agents...
§ 710. Enforcement. - The Court of Chancery shall have jurisdiction on petition of...
§ 711. Limitations on powers and liabilities. - This chapter shall not be construed to authorize the taking...
Chapter 8. HOME RULE
§ 801. Definitions. - As used in this chapter: (1) “Charter amendment” means language...
§ 802. Applicability of chapter; grant of power. - Every municipal corporation in this State containing a population of...
Subchapter II. Method of Exercising Power
§ 811. Amendment of charter. - The amendment of a charter shall be proposed either by...
§ 812. Publication of proposed charter, charter amendment or repeal proposition and resolution. - At least 30 days before an election thereon, notice shall...
§ 813. Referendum. - (a) Conduct of election; ballots; expenses. — On the day...
§ 814. Each proposed amendment may be submitted for separate vote. - Alternative restatements of amendments may be submitted and the one...
§ 815. Codification of amendments. - The exact text of any amendment or amendments to the...
Subchapter III. Judicial Review
§ 820. Judicial review of election. - (a) Not later than 20 days after the result of...
Subchapter IV. Provision for Transition in Event of Charter Repeal
§ 825. Termination of home rule charter status. - A municipal legislative body or charter commission which proposes the...
Subchapter V. Legislation Increasing Municipal Financial Burdens
§ 830. Amendments relating to bonded indebtedness and taxing powers. - (a) No municipal corporation, the charter of which imposes a...
Subchapter VI. Limitations and Exceptions
§ 835. Amendments prohibited. - (a) This chapter shall not permit the amending of a...
§ 836. Filing of existing charter. - In order for any municipal corporation to proceed under this...
Subchapter VII. Residency Requirements
§ 841. Residency requirements. - Notwithstanding any charter provision, ordinance or other provision to the...
§ 842. School capacity application for municipal corporations in New Castle County. - (a) This section shall apply only to residential development. Prior...
Chapter 9. MUNICIPAL USER TAX
§ 901. Authority to levy, assess and collect tax; deduction by employers. - Any municipality of this State with a population in excess...
§ 902. Limitations. - Any tax assessed within this tax shall not exceed 1.25...
§ 903. Income; definition. - Income” means the total income from whatever source earned by...
§ 904. Regulations. - Each such municipality is authorized to promulgate and enforce such...
§ 905. Enforcement in Superior Court. - Any such municipality which adopts this chapter is, in addition...
§ 906. Taxes due under tax adopted prior to March 30, 1971. - Taxes due under any municipal user tax adopted prior to...
§ 907. Event tax. - (a) Any municipality with a population greater than 50,000 may...
§ 908. Lodging tax. - Any municipality with a population greater than 50,000 may impose,...
Chapter 10. EXEMPTIONS FROM MUNICIPAL TAXATION ON REAL PROPERTY FOR PERSONS 65 YEARS OF AGE OR OVER
§ 1001. Definitions. - As used in this chapter: (1) “Income” means all income...
§ 1002. Exemption to be provided for by municipal law or ordinance. - Every person a resident of a municipality of this State...
§ 1003. Application for exemption. - Application for such exemption must be made by the property...
§ 1004. Tenants in common; joint tenants; tenants by entirety; partnerships; fiduciaries; corporations. - (a) Where title to property on which an exemption from...
§ 1005. Rules and regulations. - Each municipality granting an exemption under this chapter may promulgate...
§ 1006. Appeals. - An aggrieved taxpayer may appeal from the disposition of an...
Chapter 11. ASSESSMENTS FOR MUNICIPAL TAXATION
§ 1101. Adoption of county assessments. - Any municipal corporation in this State (hereinafter referred to as...
§ 1102. Time for adoption; notice. - The election by the municipality to use the county assessments...
§ 1103. Costs. - The municipality shall be entitled to receive a copy of...
§ 1104. Certification. - At the time of certification provided in § 8314 of...
§ 1105. Tax rate upon reassessment; notice. - (a) When any total reassessment of taxable properties within a...
§ 1106. Assessment of land used for agricultural, horticultural or forestal purposes. - The municipality shall use the county assessment, regardless of any...
Chapter 13. MUNICIPAL ELECTRIC COMPANIES
§ 1301. Findings and declaration of policy. - It is determined and declared as a matter of legislative...
§ 1302. Definitions. - As used in this chapter unless the context clearly indicates...
§ 1303. Creation. - (a) Any combination of municipalities engaged in or desiring to...
§ 1304. Contract. - Any contract establishing an electric company under this chapter shall...
§ 1305. Powers. - The general powers of an electric company shall include the...
§ 1306. Public character. - An electric company established by contract under this chapter shall...
§ 1307. Purchase and sales agreements; advance payments. - (a) The contracting municipalities may provide in the contract created...
§ 1308. Sale of excess capacity. - (a) An electric company may sell or exchange excess power...
§ 1309. Regulation. - Except as otherwise provided in §§ 201, 203A and 203B...
§ 1310. Bond issues. - (a) An electric company may issue such types of bonds...
§ 1311. Form and sale of bonds. - (a) Bonds of an electric company shall be authorized by...
§ 1312. Covenants. - The company shall have power in connection with the issuance...
§ 1313. Refunding bonds. - A company may issue refunding bonds for the purpose of...
§ 1314. Bonds eligible for investment. - Bonds issued by a company under this chapter are hereby...
§ 1315. Tax exemption. - (a) All bonds of a municipal electric company are declared...
§ 1316. Successor entities. - A company shall, if the contract so provides, be the...
§ 1317. Other statutes. - The powers granted under this chapter do not limit the...
§ 1318. Construction. - This chapter shall be interpreted liberally to effect the purposes...
Chapter 15. MUNICIPAL BUSINESS IMPROVEMENT DISTRICTS
§ 1501. Findings and declaration of policy. - The General Assembly hereby finds and declares that: (1) Preserving...
§ 1502. Definitions. - (a) “Assessable property” means all property owned or used by...
§ 1503. Establishment. - (a) The Mayor and Council or other governing body of...
§ 1504. Creation and powers of the authority or management company. - (a) The authority or management company authorized by ordinance to...
§ 1505. Method of assessment. - (a) The authority or management company shall assess each assessable...
§ 1506. Prohibitions. - (a) No authority or management company shall issue bonds or...
§ 1507. Annual review by municipality. - Not less frequently than annually, the municipality shall review the...
Chapter 16. MUNICIPAL REALTY TRANSFER TAX
§ 1601. Realty transfer tax. - (a) Notwithstanding any statute or municipal charter to the contrary,...
Chapter 17. MUNICIPAL TAX INCREMENT FINANCING ACT
§ 1701. Title. - This chapter, consisting of §§ 1701-1713, shall be known as...
§ 1702. Definitions. - (a) In this chapter the following terms have the meanings...
§ 1703. Bonds to finance development of industrial, commercial or residential area authorized. - In addition to whatever other powers it may have, and...
§ 1704. Payment of bonds. - Bonds shall be payable from the special fund described in...
§ 1705. Application of bond proceeds. - All proceeds received from any bonds issued and sold pursuant...
§ 1706. Conditions precedent to issuance of bonds. - Before issuing any bonds, the governing body of the issuer...
§ 1707. Resolution creating special fund. - The governing body of any municipality may adopt a resolution...
§ 1708. Uses of special fund; issuance of general obligation bond. - (a) Uses of special fund when no bonds outstanding. —...
§ 1708A. Pledge of revenue from taxes on tax increment into other fund. - The municipality may pledge, by written agreement, that some or...
§ 1709. Agreements to pay revenue from taxes on tax increment into special fund. - A county, which is not the issuing body, may pledge,...
§ 1710. Ordinance authorizing bonds. - (a) Required; mandatory provisions. — In order to implement the...
§ 1711. Exemption of bonds from taxation. - The principal amount of the bonds, the interest payable thereon,...
§ 1712. Nature and incidents of bonds. - (a) Form of bond; deemed “securities.” — All bonds shall...
§ 1713. TIF District consistency with certified comprehensive plan. - The use of lands in a TIF District shall be...
§ 1714. Construction of chapter. - This chapter, being necessary for the welfare of the State...
§ 1715. Taxation of leased property in TIF District. - Whenever the municipality, as lessor, leases its property within the...
§ 1716. Special provision applicable to the City of Dover, Delaware. - (a) Any ordinance, resolution, or other law enacted by the...
Chapter 18. SPECIAL DEVELOPMENT DISTRICTS
§ 1801. Definitions. - In this chapter, the following terms have the meanings indicated....
§ 1802. Special taxes authorized; purpose; requirements and restrictions. - (a) (1) For any purpose stated in paragraph (b)(1) or...
§ 1803. Authority granted; section self-executing. - (a) In addition to other powers any municipality may have,...
§ 1804. Bond payable from special fund; complementary powers of governing body; proceeds. - (a) Bonds shall be payable from the special fund required...
§ 1805. Special fund. - (a) By resolution, the governing body of the municipality may:...
§ 1806. When no bonds or other obligations outstanding. - (a) When no bonds are outstanding, the municipality may use...
§ 1807. Adoption of ordinance to implement authority. - (a) In order to implement the authority conferred upon it...
§ 1808. Taxation of bonds. - The principal amount of the bonds, the interest payable on...
§ 1809. Bond form; signatures; maturity; manner of sale. - (a) All bonds shall be in fully registered form. —...
§ 1810. Bonds issued are securities. - Bonds issued under this chapter are securities in which all...
§ 1811. Powers granted are supplemental to other laws. - The powers granted under this chapter shall be regarded as...
§ 1812. Construction of chapter. - This chapter, being necessary for the welfare of the State...
§ 1813. Special taxes on real property as alternative to ad valorem taxes. - (a) As an alternative to levying ad valorem taxes under...
§ 1814. Bonds not to constitute general obligation debt. - Bonds issued under this chapter are a special obligation of...
§ 1815. Special development district consistency with certified comprehensive plan. - The use of lands in a special development district shall...
§ 1816. Limitation on ad valorem or special taxes within a special development district. - The levy of an ad valorem or special tax pursuant...
§ 1817. Special provision applicable to the City of Dover, Delaware. - Notwithstanding § 1807(c)(2) of this title, before the City of...
Chapter 19. THE DOWNTOWN DEVELOPMENT DISTRICTS ACT
Subchapter I. Establishment, Amendment, and Termination of Districts
§ 1901. Purpose. - Healthy and vibrant downtowns are critical components of Delaware's economic...
§ 1902. Definitions. - As used in this chapter: (1) “Committee” means the Cabinet...
§ 1903. Applications for district designation. - (a) At the request of the Governor, the Office shall...
§ 1904. Review and approval of applications. - (a) Applications for district designation shall be evaluated by the...
§ 1905. Designation, renewal, and amendment of districts. - (a) No more than 15 districts shall be designated at...
§ 1906. Local incentives. - (a) Any municipality or unincorporated area submitting an application for...
§ 1907. Amendments to district boundaries and incentives. - A municipality or county may apply to the Office to...
§ 1908. Formal review and termination of districts. - (a) If a municipality (or a county in the case...
Subchapter II. Downtown Development District Grants
§ 1921. Qualifications for Downtown Development District Grants. - (a) Subject to the limitations set forth in this subchapter,...
§ 1922. Limitations and conditions. - (a) The availability of Downtown Development District Grants in any...
§ 1923. Policies and procedures for allocation of Downtown Development District Grants. - (a) Qualified district investors shall be eligible to receive DDD...
§ 1924. Administration. - (a) DSHA shall have the primary responsibility for administering the...
Chapter 20. LIMITATION OF MUNICIPAL TAXING POWERS
§ 2001. Limitation of municipal taxing powers [For application of this section, see 79 Del. Laws, c. 382, § 2 and 80 Del. Laws, c. 140, § 3]. - (a) Every municipal corporation in this State, regardless of population,...