County Departments

Del. Code tit. 9, ch. 13
in effect

Del. Code tit. 9, § 1301 Functions.

The Department of Land Use, managed by the general manager of the department, who shall be qualified by education, experience and training, shall perform the following functions unless otherwise provided: (1) The Department shall administer and enforce all statutes, ordinances and regulations for the protection of persons and property from hazards in the use, occupancy, condition, erection, alteration, maintenance, repair, removal and demolition of buildings and structures or any parts thereof, and of outdoor signs. The Department shall enforce compliance with the county subdivision and zoning code and regulations thereunder, subject to determinations made by the Board of Adjustment on appeals taken thereto. (2) The Department shall: a. Issue all forms for applications and receive all applications for licenses. b. Determine whether an applicant is properly entitled to the license which that applicant seeks. c. If the application is granted and the proper fee has been paid to the Office of Finance, issue the license to the applicant, either for itself or as agent for the officer, department or board under whose jurisdiction the subject matter thereof falls. d. If the application is refused, notify the applicant in writing of the refusal and the reasons therefor. e. The requirements and standards to be met by applicants for licenses shall include those established by the Department in cases in which the Department is responsible for the function involved. (3) The Department shall make all inspections except as may otherwise be specifically provided in this title. (4) The Department shall determine, as a result of its inspection, whether any person or the owner of any property is violating the conditions of any license, or whether any property owner is violating any statute, ordinance or regulation which it is the duty of the Department to enforce. If the Department shall find a violation to exist, it shall forthwith make such order or take such other lawful action as may be necessary to correct the dangerous or unlawful condition, and if necessary it shall invoke the assistance of the County Attorney or the County Police Department, or both. (5) The Department, whenever it finds that a holder of any license is violating the conditions thereof, shall revoke, suspend or cancel the license. The Department shall also revoke, suspend or cancel a license whenever the office, department or board that granted the license so directs. Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefor. (6) The Department, on request of any officer, department or board, shall make a special inspection of any property upon which unlawful conditions are believed to exist or to investigate the manner in which the holder of any license is operating under it. The Department shall also receive and consider complaints from citizens. (7) The Department shall: a. Verify compliance with the New Castle County Code related to lines and grades; b. Not issue any permits or certificates of occupancy unless the lines and grades requirements of the New Castle County Code have been satisfied. (8) The Department shall undertake studies of the pattern and of the potential for economic development within the County, and recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of the County. (9) The Department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for the purpose of promoting health, safety, prosperity and general welfare. For those portions of the County which do not lie within the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipal planning as may be appropriate for inclusion in the county comprehensive development plan. Upon adoption of the comprehensive development plan, the Department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present and as to proposed ultimate development, the following: land use, general location, extent and character of streets, bridges, waterways and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned; public housing, slum clearance and rehabilitation areas; and any other physical facility, with due regard to the aesthetic characteristics of all public structures. The comprehensive development plan may, when requested by incorporated municipalities, set forth within such municipalities any or all of the elements mentioned in this paragraph. (10) The Department may develop and maintain the official map of those portions of the County which do not lie within the limits of incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets, recommended street lines located on the final or recorded plats of subdivisions and the location of existing or planned parks and open spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed thereon. (11) The Department shall maintain and keep current the subdivision and zoning code for the County for the portions of the County which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations, through the County Executive to the County Council, for such revisions in the subdivision and zoning code as it shall deem appropriate and necessary for the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations with respect to the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population, and the use of buildings, structures and land for trade, industry, business, residence or other purposes. (12) The Department shall prepare and recommend, through the County Executive to the County Council, such measures as it shall deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas. (13) The Department shall assist the County Executive and Chief Administrative Officer in the preparation of the capital improvement program for the 6-year period provided for in this title. (14) The Department shall prepare and recommend, through the County Executive to the County Council, measures for the replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts which may be wholly or partially destroyed or seriously damaged by fire, earthquake, flood or other disaster. (15) [Repealed.] (16) [Repealed.] (17) [Repealed.]

Del. Code tit. 9, § 1302 Definitions.

In this subchapter: (1) “Inspection” shall mean any inspection, test or examination to which any person is subject as an applicant for, or a holder of, a license, or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive or of any other officer, department or board to enforce. (2) “License” shall mean any license or permit required by statute, ordinance or regulation to be obtained from any county officer, department or board as a prerequisite to engaging in any activity or having possession of or using any property.

Del. Code tit. 9, § 1303 Planning Board.

(a) The Planning Board shall consist of 9 members. The County Executive, with the advice and consent of County Council, shall appoint 8 members who shall serve for terms of 3 years, provided that the terms of at least 2 members shall expire each year, at least 1 term to expire on January 31, and 1 term to expire on July 31. (b) The County Executive, with the advice and consent of County Council, shall appoint 1 member who shall be chairperson and who shall serve at the pleasure of the County Executive. (c) The compensation of the members of the Planning Board shall be determined by the County Council of New Castle County.

Del. Code tit. 9, § 1304 Functions of Planning Board.

The Planning Board shall perform the following functions: (1) Consult with the general manager concerning the performance of such of the functions of the Department as either the Board or the general manager shall deem appropriate. To this end, the general manager shall keep the Board informed concerning the work of the Department and shall, at the request of the Board, furnish it such information as it may reasonably require in the performance of this function. (2) Review the proposed comprehensive development plan, proposed zoning plan changes, proposed subdivision regulations, and all amendments thereto, and upon completion of its consideration of any of these, the Board shall recommend to the County Council such action as the Board shall deem appropriate.

Del. Code tit. 9, § 1305 Adoption and effectuation of comprehensive plan.

(a) After preparation of the comprehensive development plan by the Department and approval by the Planning Board, the plan shall be reviewed by the County Executive and presented to the County Council. The County Council shall hold public hearings on the proposed plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The County Council may adopt all or any portions of the comprehensive development plan. (b) After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a document expressing the general policies and intentions of the County Council with respect to the future development of the County. It shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council, any proposed action of the County Council relating to: (1) The location, opening, vacation, extension, widening, narrowing or enlargement of any public ground, pierhead or watercourse or street; (2) The location, erection, demolition, removal or sale of any public structure; or (3) The adoption, repeal or amendment of an official map, subdivision and land development ordinance, or zoning ordinance shall be taken in compliance with the following requirements: (i) The proposed actions shall be submitted to the department for recommendations, provided that the County Council may act without benefit of the Department’s recommendations if they are not submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent with each other.

Del. Code tit. 9, § 1306 Legal effect of subdivision regulations.

All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to the Department for approval for conformity to the subdivision regulations and no such proposed subdivision shall be made or recorded unless approved by the Department. Approval of a plat of a subdivision shall constitute an acceptance on behalf of the County of any street or open space for public use shown on the plat but shall not constitute a taking of the property for public use. Acceptance of the street or open space for public use shall not within itself define the responsibilities of the State or the County in the paving, maintenance, cleaning or lighting of such street or open space.

Del. Code tit. 9, § 1307 Planned street lines and public parks; official map.

(a) Upon the recommendation of the Department, the County Council, by ordinance, may adopt an official map containing: (1) The exact location of the planned lines of street widenings and extensions, or of future streets; (2) The lines of all public streets then existing which have been established by law; (3) All planned streets or street lines previously adopted under this section; (4) All streets or street lines as located on the final or recorded plats of subdivisions as previously approved by the Department; (5) All existing or planned public parks and other public open spaces. (b) After adoption of the official map or street plan, no amendments thereto showing the location of a planned or mapped street shall be adopted before public notice shall have been given to the owners of record of the land upon which, or abutting which, lies the future street lines designated upon the plan. (c) Any map or plan adopted prior to May 26, 1965, under Chapter 25 of this title, shall remain in effect until the County Council acts under the provisions of subsection (a) of this section.

Del. Code tit. 9, § 1308 Legal effect of official map or street plan.

(a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases. (b) After the adoption of the official map showing the lines of planned or mapped streets, no change in any street shall be made by the County Council until such proposed change shall have been submitted to the Department for its opinion as to conformity with the official map. Pending the adoption of the official map, the County Council shall not vacate, narrow or extend any existing street without having secured the opinion of the Department as to the propriety of such proposed action. (c) The adoption of any street or street lines as part of the official map shall not, in and of itself, constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land.

Del. Code tit. 9, § 1309 Presumption of approval.

In the case of any matter required to be submitted to the Department or to the Planning Board, approval shall be presumed by the Department or Planning Board unless the Department or Planning Board shall have acted within 45 days of receipt thereof, unless a longer time shall have been allowed by the County Council.

Del. Code tit. 9, § 1310 Legal effects of previously established road locations and road lines.

(a) All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established in New Castle County prior to January 3, 1967, and legally established prior to the adoption of an ordinance establishing an official map in accordance with §§ 1154, 1307 and 1308 of this title, shall remain in full force and effect until changed in accordance with Chapter 11 of this title. Any county maps or records showing the locations and lines of roads, and dealing with other matters related to the subdivision of land, and legally established prior to January 3, 1967, shall continue in force and effect until changed in accordance with this chapter and Chapter 11 of this title. (b) Pending the enactment of an ordinance establishing the location and lines of roads in accordance with Chapter 11 of this title and this chapter, changes in locations and lines of roads, legally established, and in the locations and lines of new roads shall be recorded only after approval by the County Council and shall be presented to the Department for review before such changes or new locations and lines are adopted by the County Council. Such changes, or new locations and lines shall also be presented to the State Department of Transportation for approval before being adopted by the County Council, provided that the approval of the State Department of Transportation shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the changes or new locations and lines to the State Department of Transportation. The approval of a plan or proposal by the County Council to make changes in locations and lines of existing roads or creating new roads shall, when recorded, be deemed and taken as an acceptance of the intended locations and lines of roads, but shall not impose any duty upon the County Council or upon the State Department of Transportation respecting the maintenance or improvement thereof. (c) No plat of land changing locations and lines of roads legally established, or creating locations and lines of new roads, shall be received or recorded by the Recorder of Deeds of New Castle County until the plat shall have been submitted to and approved by the Department and the County Council and such approvals are endorsed in writing on the plat by the general manager and the President of the County Council. The filing or recording of a plat without the approval of the general manager of the Department of Land Use and the County Council shall, upon application of the general manager of the Department of Land Use or the County Council to the Superior Court in and for New Castle County, be expunged from the records. (d) The County Council may prescribe a schedule of fees based on the cost to the County for considering proposed plats to be paid by those submitting the plats. The County Council may prescribe reasonable rules and regulations governing the size and character of plats to be submitted for consideration and the information to appear on the plats and the markers, boundary stones or stations to be installed. (e) Pending the enactment of an ordinance establishing an official map or regulating the development or subdivision of land as provided by this chapter, the Department shall approve or disapprove a plat within 40 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Department on demand. Such period may be extended by mutual agreement between the Department and the applicant for the Department’s approval. The grounds of disapproval of any plat shall be stated upon the records of the Department and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the Department without affording a hearing thereon. Notice of the time and place of the hearing shall be sent by registered mail to such applicant not less than 5 days before the date fixed therefor. In the application the applicant may waive the requirement of such hearing and notice.

Del. Code tit. 9, § 1311 Board of Adjustment.

The Board of Adjustment shall consist of 7 members who shall be residents of New Castle County who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or candidates-elect for, or incumbents of, elective public office. The County Executive, with the advice and consent of the County Council, shall appoint 6 members for terms of 4 years. The County Executive, with the advice and consent of the County Council, shall appoint 1 member who shall be chairperson and who shall serve at the pleasure of the County Executive. The compensation of the members of the Board of Adjustment shall be determined by the County Council.

Del. Code tit. 9, § 1312 Regulations governing organization, procedure and jurisdiction of the Board of Adjustment.

The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations shall not be inconsistent with this title and shall not become effective unless and until approved by the County Executive.

Del. Code tit. 9, § 1313 Jurisdiction of Board of Adjustment.

(a) The Board of Adjustment shall be empowered to hear and decide: (1) Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of any zoning ordinance, code, regulation or map; (2) Applications for special exceptions or special permits or other special questions in accordance with any zoning ordinance, code or regulation, or applications for interpretation of any zoning ordinance, code, regulation or map upon which the Board of Adjustment is empowered to pass; and (3) In specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinance, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map. (b) A variance which permits a use otherwise prohibited by any zoning ordinance, code or regulation shall not be valid unless approved by resolution of the County Council. Use variances to be approved by the County Council shall be advertised and affected state agencies, including but not necessarily limited to the departments of Transportation and Natural Resources and Environmental Control, shall be notified by registered mail, return receipt requested, at least 30 days prior to hearing scheduled before the Board of Adjustment. Said use variance shall thereafter be presented to the County Council at the next scheduled meeting following approval by the Board of Adjustment, advertisement and notification as provided herein. (c) The County Council shall approve or disapprove the use variance or return the matter to the Board of Adjustment for further hearings and findings consistent with this section. (d) Appeals from decisions of the County Council shall be to Superior Court as heretofore provided for appeals from decisions of the Board of Adjustment. (e) In the exercise of its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and, to that end, it shall have all powers of the officer or agency from whom the appeal was taken. (f) Notwithstanding the provisions of subsection (a) of this section, the Department of Land Use may administratively grant a dimensional variance for existing conditions that do not exceed 1 foot of the required dimension restrictions without the application being considered by the Board of Adjustment.

Del. Code tit. 9, § 1314 Judicial review of Board of Adjustment decisions; procedure.

(a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board. (b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court. (c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order. (d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified. (e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. (f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.

Del. Code tit. 9, § 1315 Board of License Inspection and Review.

County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License Inspection and Review shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County license, or by any notice, order or other action as a result of any County inspection affecting him or her directly shall, upon request, be furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer, shall make findings and render a decision in writing within 90 days of the filing of the appeal, and that the Board may affirm, modify, reverse, vacate or revoke the action from which the appeal was taken to it.

Del. Code tit. 9, § 1316 Board of Building Standards.

County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such portion of them as the County Council may determine: (1) Advise the general manager of the Department of Land Use, upon request, about the interpretation of the building code or of any regulation relating to building safety and sanitation; (2) Suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building safety and sanitation; (3) Upon request of the general manager of the Department of Land Use, review and issue a report regarding new and substitute materials proposed to be used in the building construction and upon new methods of construction; (4) Consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction, either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the Board shall submit its findings and recommendations to the general manager of the Department of Land Use for approval, whereupon they shall become a part of the standards and regulations.

Del. Code tit. 9, § 1317 Board of Assessment Review.

Transferred to § 1371A of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1318 Functions of Board of Assessment Review.

Transferred to § 1371B of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1319 Appointment and duties of additional Board members and referees.

Transferred to § 1371C of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1320 Judicial review.

Transferred to § 1371D of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1321 General provisions relating to assessment.

Transferred to § 1371E of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1322 Assessment of property.

Transferred to § 1371F of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

Del. Code tit. 9, § 1323 Obligations and rights of property owners.

The adoption of this subchapter shall in no manner increase the responsibility of such property owner nor deny the property owner of any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.

Del. Code tit. 9, § 1331 County police; powers and duties.

(a) The County police shall have all of the police powers conferred by law upon law-enforcement officers in the State and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace and good order of the State within the aforesaid County be duly kept according to their powers and authority; shall arrest all persons who shall in either of their presence commit any riot, affray or other breach of peace, or who shall be riotously assembled, and take them before a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law; shall use diligence in arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to either of their authority, or other case of necessity, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions and in such manner as may be prescribed by the Chief of Police of New Castle County. (b) The County police shall be subject to such directives and policies as the Chief of Police may prescribe. (c) No merger of the New Castle County police with any other police force or agency shall be valid unless and until approved by the General Assembly.

Del. Code tit. 9, § 1332 Functions.

(a) The Police Department, managed by a Chief of Police, shall perform the following functions; (1) Organize, administer, supervise and discipline the police force of the County; (2) Enforce traffic regulations and investigate accidents; (3) Make legal searches, seizures and arrests, and exercise such legal authority incident thereto; (4) Maintain and operate lockups for the temporary confinement of prisoners; (5) Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts; and (6) Operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance of its function. (b) The Police Department may perform the following functions: (1) Provide school crossing guard service in the manner and to the extent authorized by ordinance; (2) Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the federal government, State and political subdivisions in New Castle County; (3) Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life support paramedic services; and (4) Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations in New Castle County.

Del. Code tit. 9, § 1333 Other police prohibited.

No office, department or board operating for the County, other than the Police Department, shall have a police force.

Del. Code tit. 9, § 1334 County responsibility for fire protection and ambulance and rescue service.

The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the County Council of New Castle County may contract with any fire company authorized by the State Fire Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency Medical Services.

Del. Code tit. 9, § 1335 Fire prevention outside of incorporated towns.

The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the extinguishment of fires within New Castle County.

Del. Code tit. 9, § 1336 Establishment of school crossing guard unit for New Castle County.

Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each school district, after approval of each school district in New Castle County, school crossing guards, in such number as may, in the judgment of the school district, be necessary for the safe passage of school children over the public streets and highways of New Castle County outside the City of Wilmington.

Del. Code tit. 9, § 1337 Duties; compensation; uniform.

(a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets and highways. (b) The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross safely the streets and highways. (c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company car is responsible for the violation. (d) The guards shall be subject to such rules and regulations as prescribed by the Police Department. (e) The Police Department shall provide and maintain an appropriate uniform.

Del. Code tit. 9, § 1338 Coordination with school boards.

In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall be employed.

Del. Code tit. 9, § 1339 Levy and collection of tax.

(a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school crossing guards employed within said school district. (b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.

Del. Code tit. 9, § 1341 Functions.

The Department of Special Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) In cooperation with the Department of Land Use, manage and develop plans for public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas and greenways for the County in accordance with, and in support of, the Comprehensive Plan. (2) Prepare designs and specifications for all types of public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas and greenways, and supervise the construction and inspection thereof. (3) Assist the Office of Administrative Services in the tabulation of bids and in the determination of the lowest and best bidder with respect to all public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas and greenways, and, upon request of the Office of Administrative Services, with respect to materials, supplies and equipment. (4) Manage, maintain and operate public facilities and infrastructure sanitary sewers and treatment facilities, drainage systems, parks, open spaces, natural areas and greenways, and perform all county functions related thereto, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine. This shall include the ability to execute a lease for the purpose of erecting, maintaining and operating wireless communications facilities, for any part of park land or land held in public trust. The County may not enter into an exclusive arrangement with any person for the purpose of erecting, maintaining and operating wireless communications facilities on park land or land held in public trust. The County may not enter into an agreement for the purpose of erecting, maintaining and operating wireless communications facilities on park land or land held in public trust without a bona fide commitment from a wireless service provider to occupy a facility. All leases for wireless communications facilities on park land or land held in public trust must be approved by County Council by resolution. All such leases must contain a provision that, upon the termination or expiration of the lease, the County may require removal of such wireless communication facilities and the property returned to its previous state, consistent with park and recreational purposes. (5) Manage, maintain and operate any county public water supply system. (6) Manage, maintain and operate all public buildings, except those which by agreement with other governmental jurisdictions are to be otherwise operated and maintained and any building which shall be designated by the County Executive to be excluded from the responsibility of the Department for maintenance or operation, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine. (7) Manage and maintain the County Fleet and operate central garages for the storage and maintenance of equipment, and maintain all automotive equipment, except those that may be specified in writing by the County Executive for maintenance by some other office, department or board, provided that such functions may be performed directly, by contract or by licenses as the County Council by ordinance may from time to time determine.

Del. Code tit. 9, § 1342 Department of Special Services Board.

The Department of Special Services Board shall consist of 9 members. The County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive. The Board shall advise the general manager at the Department of Special Services on issues related to the functions of the Department. Subcommittees that are directly related to functions of the Department may be established. Board members shall be persons of recognized character and ability who meet the qualifications of the Department. Five members of the Board constitute a quorum. A quorum is required for any action or recommendation of the Board.

Del. Code tit. 9, § 1351 Functions.

The Department of Community Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) Undertake and execute or supervise the execution of all programs related to library functions, recreational/sports and athletic activities, community development and housing, senior programs, and any or all other community related programs authorized by County administrators; (2) Administer community services programs offering every resident of New Castle County equal access to services, resources and guidance in their use; (3) Receive, accept, administer and expend, according to the County budget, any moneys, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments by any source, public or private, in accordance with the terms thereof, for the purposes provided in this division; (4) Plan, supervise and conduct a program of parks and park-related activities for all of the parks in the County; and (5) Perform all other activities pertinent to its organizational functions.

Del. Code tit. 9, § 1352 Department of Community Services Board.

The Department of Community Services Board shall consist of 9 members. County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive. The Board shall advise the general manager of the Department of Community Services on issues relating to the functions of the Department. Subcommittees that are directly related to functions of the Department may be established. Board members shall be persons of recognized character and ability who meet the qualifications of the Department. Five members of the Board constitute a quorum. A quorum is necessary for any action or recommendation of the Board. The Library Advisory Board shall serve as a subcommittee to the Department of Community Services Board. Two members of the Library Advisory Board shall be appointed to the Department of Community Services Board. The chairperson of the Library Advisory Board shall recommend 2 sitting members of the Board for consideration by the County Council for County Council appointments to the Department of Community Services Board.

Del. Code tit. 9, § 1361 Office of Administrative Services; functions.

The Office of Administrative Services, managed by the Chief Procurement Officer, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) The Purchasing Section is responsible for obtaining goods and services for public purposes according to the laws and procedures intended to provide for the economical expenditures of public funds. (2) The Information Systems Section provides technical leadership to the County by assisting the departments in meeting their business requirements through equipment and application software. (3) The Mail Distribution and Printing Section provides full mail service and in-house printing services to all County agencies.

Del. Code tit. 9, § 1371 Office of Finance; functions.

The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training and experience, may perform the following functions: (1) Prepare tax rolls and bills, including those required by any municipality, school district, or special district lying within or partially within the County if so authorized by law or such districts; (2) Collect all taxes, license and permit fees, and other moneys that may be due to or receivable by the County, or any of its offices, departments or boards, provided that the Chief Financial Officer may, by rule, authorize the receipt of moneys directly by offices, departments, or boards, or may assign employees of departments to make such collections; (3) Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys that may be receivable by the State, or by any public office, department or board not subject to the provisions of this title; (4) Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law; (5) Issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith; (6) Issue receipts for moneys collected by the Office; (7) Maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank, to the credit of the County; (8) Designate, with the approval of the Clerk of the County Council, the bank or banks to be used as County depositories and require them to fulfill all conditions prescribed by law or ordinance; (9) Invest funds deemed by the Chief Financial Officer available for temporary investment in such obligations or in such manner as the County Executive may authorize; (10) Assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt in accordance with law and terms of indentures relating thereto; (11) Make disbursements and payments of claims that it finds to be in correct amount, and justly due, and in accordance with prior authorizations adopted under the terms of the title or other state law; (12) Prepare payrolls and supervise the preparation of related documents; (13) Prepare and issue all checks; (14) Keep accurate and complete accounts of all receipts and disbursements; (15) Provide information pertaining to the financial affairs of the County; (16) Assess all property subject to taxation by the County and maintain appropriate records; (17) Prepare tax rolls, including those required by any municipality, school district, or special district lying within or partially with the County if authorized by law or such districts; (18) Prepare the necessary assessment rolls of assessable public improvements; (19) Perform such other functions as may be required of the Chief Financial Officer by this title, or other state law, or which may be assigned in writing by the County Executive.

Del. Code tit. 9, § 1371A Board of Assessment Review.

The New Castle County Council, by ordinance, shall establish the Board of Assessment Review. (1) The Board of Assessment Review consists of 9 regular members and 3 alternate members, as follows: a. Eight regular members and 3 alternate members appointed by the County Council, subject to the following: 1. Each individual must be a resident and freeholder of the County. 2. Each individual appointed or reappointed after May 24, 2018, is appointed for a term of 4 years. b. One regular member appointed by the County Executive with the advice and consent of the County Council, who serves at the pleasure of the County Executive. c. The member appointed under paragraph (1)b. of this section shall be the Chair. (2) Each member is entitled to renumeration as determined by the County Council.

Del. Code tit. 9, § 1371B Functions of Board of Assessment Review.

The Board shall perform all of the following functions: (1) Hear appeals from any property owner who alleges that the property owner’s property has been improperly assessed for purposes of taxation. (2) Following the hearing of any property owner and, in the light of the facts produced at such hearing, determine whether the assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Chief Financial Officer to reduce the assessment and the Chief Financial Officer shall thereupon reduce the assessment to the adjusted amount established by the Board. (3) Review the methods by which the Chief Financial Officer has established the assessments and the results thereof as reflected by the assessment roll. If the Board should find that the procedures used by the Chief Financial Officer require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the Chief Financial Officer and file a copy thereof with the Clerk of the County Council. (4) Prepare such rules and regulations for its operation as it deems appropriate.

Del. Code tit. 9, § 1371C Appointment and duties of additional Board members and referees.

(a) [Repealed.] (b) The County Council may, by ordinance, authorize appointment of referees to hear appeals of property assessments. The Chief Financial Officer shall appoint, with the advice and consent of the County Council, such referees as are authorized by ordinance. Referees appointed under this section must possess sufficient qualifications concerning the valuation of real property as determined by County Council. (c) Appeals may be heard by panels of 3 or more members of the Board or by the referees individually when the referees are so authorized pursuant to subsection (b) of this section. The panel or the referee shall submit a recommendation to the Board which shall determine whether the assessment is correct based upon the record of the appeal hearing and the recommendation of the panel or the referee. (d) Referees must be paid as provided by the County Council.

Del. Code tit. 9, § 1371D Judicial review.

Nothing in this chapter shall be construed as limiting the right of a property owner or County to appeal to the courts in connection with the assessment of property for taxation as provided by law.

Del. Code tit. 9, § 1371E § §1371E. General provisions relating to assessment.

It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Board of Assessment Review, except for the functions specifically assigned to the Board of Assessment Review by § 1371B of this title.

Del. Code tit. 9, § 1371F Assessment of property.

(a) In the performance of the functions relating to the assessment of property, the Office of Finance shall exercise the assessment functions assigned to the Board of Assessment Review prior to May 26, 1965. To this end, not later than February 15 of each year, the Office of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Office of Finance shall determine the form of the assessment roll. The County Council of New Castle County shall by ordinance establish the dates during which appeals from assessments of the Office of Finance to the Board of Assessment Review may be heard. (b) Not later than April 30 of each year, the Office of Finance shall certify to the Chief Financial Officer a true and correct assessment roll for the year. Not later than May 31 of each year, the Chief Financial Officer shall certify to the County Council the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation. (c) The Office of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The Office of Finance shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such system must be in a form that readily permits the subdivision of property, or the reassembly of property, without loss of control thereof for purposes of assessment. (d) Notwithstanding any provision of this title, for any fiscal year in which the County Council of New Castle County proposes to implement a general reassessment of property, the County Council may by ordinance establish appropriate and reasonable time periods for the filing of exemption applications; submission, inspection, and certification of assessment rolls; notices of assessments; appeals from such assessments; and any other requirements relating to the implementation of the general reassessment. The County Council may not extend any such period more than 30 days beyond that otherwise established in this title. This authorization applies only to the fiscal year in which the general reassessment is implemented. In each fiscal year thereafter, the procedures specified in this title must be followed.

Del. Code tit. 9, § 1372 Sworn information.

The Chief Financial Officer may require from any officer or employee of the County, or any claimant, such sworn information as may be necessary for the proper performance of the functions of the Office.

Del. Code tit. 9, § 1373 General provisions relating to levy, billing and collection of taxes.

It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Receiver of Taxes and County Treasurer under this title prior to January 3, 1967.

Del. Code tit. 9, § 1374 Obligations and rights of property owners.

The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon a property owner prior to May 26, 1965, with respect to the assessment of any property or the payment of any tax nor shall it in any manner increase the responsibility of such property owner nor deny a property owner any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.

Del. Code tit. 9, § 1375 Collection of taxes.

The Office shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to May 26, 1965, in the Receiver of Taxes and County Treasurer. To this end, the Office shall be entitled to the use of and shall be responsible for the application of all processes of law available prior to May 26, 1965, to the Receiver of Taxes and County Treasurer.

Del. Code tit. 9, § 1376 Records of tax delinquencies.

The Office shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County.

Del. Code tit. 9, § 1377 Audit of accounts.

Each year the County Auditor shall audit the accounts of the Department to determine whether they properly reflect all payments and delinquencies of taxes which shall have been levied.

Del. Code tit. 9, § 1381 Office of Human Resources; functions.

The Office of Human Resources, managed by the Chief Human Resources Officer, who shall be qualified for the position by education, experience and training, shall perform the following functions. (1) Divide all County officers and employees into unclassified or classified service, and assign all classified employees into position classifications, based on duties performed and responsibilities assumed; (2) Establish a uniform pay plan for all classified employees based on the classification of the position held; (3) Regulate employment and promotion according to competency and fitness, to be ascertained when possible by competitive examination and, when not, by due consideration to qualifications and record performance; (4) Establish tenure for all classified employees, providing for discipline, demotion and discharge for just cause only, with right of employee appeal through provisions outlined in the New Castle County Code; and (5) Create uniform provisions governing provisions of related sections of the New Castle County Code.

Del. Code tit. 9, § 1382 Continuance of present system.

Any system of human resource administration with respect to the employees of New Castle County which shall be in effect on January 3, 1997, shall remain in effect until the County Council has acted in accordance with this subchapter.

Del. Code tit. 9, § 1383 Human Resources Advisory Board [For application of this section, see 85 Del. Laws, c. 305 § 2].

(a) County Council, by ordinance, shall provide for the establishment of a Human Resources Advisory Board. The Board shall consist of 7 members appointed by the County Executive, with the advice and consent of the County Council, who shall serve for terms of 4 years or until their successors are appointed. (b) The ordinance shall further provide all of the following: (1) The members of the Board must be residents of New Castle County. (2) The members of the Board must be persons of recognized character and ability whose experience provides knowledge of human resources practices and procedures and knowledge and support of merit principles as applied to public employment. (3) A member of the Board may not be a member of any local, state, or national committee of a political party or an officer or a member of a committee of any partisan or political group, or hold or be a candidate for any political office. (4) The members of the Board must be registered voters of the County and no more than 4 of the members may be of the same political party. (c) The ordinance shall further provide that the members of the Board shall elect 1 of their number to serve as chair, and that the members are entitled to compensation as established by ordinance, with the number of meetings determined by the chair, as needed, in consultation with the Board and the Administration.

Del. Code tit. 9, § 1384 Pension plan for employees.

New Castle County may, by ordinance, establish a contributory funded pension program which shall be comprised of a qualified pension plan or plans as defined under the Federal Internal Revenue Service Code and Regulations.

Del. Code tit. 9, § 1391 Office of Law; functions.

The Law Office, managed by the County Attorney, shall perform the following functions: (1) Serve as chief legal advisor to the County Executive, County Council and all County departments, boards, offices and agencies; (2) Represent the County in all legal proceedings; (3) Perform any other duties prescribed by this title or by ordinance of the County Council.

Del. Code tit. 9, § 1392 Appointment of County Attorney.

The County Attorney shall be appointed by the County Executive with the advice and consent of the New Castle County Council. The County Attorney shall serve at the pleasure of the County Executive.

Del. Code tit. 9, § 1393 Qualifications of County Attorney.

The County Attorney and all Assistant County Attorneys shall be members of the Delaware Bar.

Del. Code tit. 9, § 1394 Assistant County Attorneys and other legal professionals employed with New Castle County.

The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys and other legal professionals appointed by the County Attorney shall serve at the pleasure of the County Attorney unless and until such time as they may attain tenure as County Council may provide for by ordinance. First Assistant County Attorneys shall be selected according to provisions of the Merit System of the New Castle County Code.

Del. Code tit. 9, § 1395 Compensation of County Attorney.

The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the County Executive.

Del. Code tit. 9, § 1396 Other employees.

The County Council may provide for such employees as may be necessary to perform the functions required by this title.

Del. Code tit. 9, § 1397 Subpoena power.

(a) Whenever the County Attorney has reasonable cause to believe that any person or enterprise may have knowledge of, has been engaged in or is engaging in any conduct in violation of County laws, ordinances, regulations or any state law prohibiting violations of County laws, ordinances or regulations, the County Attorney may, in the County Attorney’s discretion, conduct an investigation of such conduct. The County Attorney is authorized before the commencement of any civil or criminal proceeding related to the violation of county laws, ordinances, regulations or any state law prohibiting violations of the County laws, ordinances or regulations to subpoena witnesses. The County Attorney may issue in writing and cause to be served on any person an investigative demand to compel the attendance of witnesses, examine witnesses under oath, require the production of evidence or documentary materials and require answers to written interrogatories to be furnished under oath. (b) The production of documentary material in response to an investigative demand served under this section shall be made pursuant to a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by an individual having knowledge of the facts and circumstances relating to the production of materials, which certificate shall affirm that all of the documentary material required by the investigative demand and in the possession, custody or control of the person to whom the demand is directed has been produced and made available to the custodian. (c) The County Attorney may, in the County Attorney’s discretion, require the production under this section of documentary materials prior to the taking of any testimony of the person subpoenaed. The required documentary materials shall be made available for inspection or copying during normal business hours at the principal place of business of the person served, or at such other time and place as may be agreed upon between the person served and the County Attorney. (d) The examination of all persons pursuant to this section shall be conducted by the County Attorney or by a person designated in writing to be the County Attorney’s representative, before an officer chosen by the County Attorney who is authorized to administer oaths in this State. The statements made shall be taken down stenographically, or by a sound-recording device, and shall be transcribed. (e) No person shall, with intent to avoid, evade, prevent or obstruct compliance in whole or in part by any person with any duly served investigative demand of the County Attorney under this section, knowingly remove to any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material or materials that are the subject of the demand. A violation of this subsection is a class E felony. Any suspected violations of this section shall be referred to the Office of the Attorney General. (f) In the event a witness subpoenaed under this section fails or refuses to appear, or to produce documentary materials as provided herein, or to give testimony relevant or material to an investigation, the County Attorney may petition the Superior Court in the County where the witness resides for an order requiring the witness to attend and testify, or to produce the documentary materials. Any failure or refusal by the witness to obey an order of the Court may be punishable by the Court as contempt.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c013/sc01/index.htmlFetched: 10/4/2026