§ 4501 — Definitions

As used in this chapter, unless a different meaning is clearly indicated by the context:

(1) “Area of operation” means in the case of a municipality the area within such municipality and in the case of a county, the area within the county, except that the area of operation in such case shall not include any area which lies within the territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project within such municipality. No authority shall operate in any area of operation in which another authority already established is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other authority.

(2) “Authority” or “slum clearance and redevelopment authority” means a public body, corporate and politic, created by or pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum clearance and redevelopment authority pursuant to § 4503 of this title.

(3) “Blighted area” means that portion of a municipality or community which is found and determined to be a social or economic liability to such municipality or community because of any of the following conditions:

a. The generality of buildings used as dwellings, or the dwelling accommodations therein, are substandard, unsafe, unsanitary, dilapidated or obsolescent, or possess any of such characteristics, or are so lacking in light, air or space, as to be conducive to unwholesome living;

b. The discontinuance of the use of any building previously used for commercial, manufacturing, residential or industrial purposes, the abandonment of a building, or allowing a building to fall into so great a state of disrepair as to render the building untenantable and detrimental to the appraised market value of surrounding property;

c. Unimproved vacant land, which has remained so for a period of 10 years prior to the date of the public hearing as provided in § 4524 of this title, and which land by reason of its location, or remoteness from developed sections or portions of such municipality or community, or lack of means of access to such other parts thereof, topography, or nature of the soil is not likely to be developed through the instrumentality of private capital;

d. Areas (including slum areas) with buildings or improvements which by reason of dilapidation, obsolescence, deteriorated or deteriorating structures, overcrowding, faulty arrangement or design in relation to size, adequacy, accessibility or usefulness, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, predominance or defective or inadequate street layout, or any combination of these or other factors are detrimental to the safety, health, morals, or welfare of the municipality or community;

e. A growing or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real property therein, tax or special assessment delinquency exceeding the fair value of the land, or the existence of conditions which endanger life or property by fire or other causes and other conditions, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare; and

f. Vacant or unimproved lot, parcel of ground or structure in a predominantly built-up-neighborhood, which by reason of neglect or lack of maintenance:

1. Has become a place for accumulation of trash and debris or a haven for rodents or other vermin;

2. Depreciates assessable and/or fair market value of the surrounding property, as certified by a licensed appraiser;

3. Is a public nuisance, as defined by common law or declaration in accordance with the local housing, building, plumbing, fire and related codes;

4. Is an attractive nuisance to children, as defined by common law;

5. Has had its utilities, plumbing, heating, sewerage or other facilities disconnected, destroyed, removed from the structure, or rendered ineffective so that the property is unfit for its intended use;

6. Requires a disproportionate expenditure of public funds for public health and safety, crime prevention, correction, and prosecution; and

7. Has contributed to a quantified disproportionate exodus of families and businesses from the surrounding neighborhood.

(4) “Bonds” mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.

(5) “Clerk” means the clerk or other official of the municipality or county who is the custodian of the official records of such municipality or county.

(6) “Community” means any municipality or county in this State.

(7) “Conservation” means the preservation of an area or section of a community, and the supervision and care of such area or section, to prevent the recurrence or spread of slum conditions or conditions of blight.

(8) “Federal government” includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

(9) “General neighborhood renewal plan” means a plan for an area of such size that it will encompass 2 or more projects that will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the entire area is desirable in advance of the planning and carrying out of specified projects.

(10) “Governing body” means the city council, town council, commissioners or other legislative body charged with governing the municipality or Levy Court commissioners or other legislative body charged with governing the county.

(11) “Housing authority” means any public body created by or pursuant to Chapter 43 of this title.

(12) “Mayor” means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive head of a municipality.

(13) “Municipality” means any incorporated city or town in this State.

(14) “Obligee” includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property used in connection with a redevelopment project, or any assignee or assignees of such lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.

(15) “Public body” means the State or any municipality, county, township, board, commission, authority, district or any other subdivision or public body of this State.

(16) “Real property” includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(17) “Redeveloper” means any person, partnership, or public or private corporation or agency which enters or proposes to enter into a redevelopment contract.

(18) “Redevelopment contract” means a contract entered into between an authority and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan.

(19) “Redevelopment plan” means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

(20) “Redevelopment project” means any work or undertaking to:

a. Acquire slum areas or blighted areas or portions thereof, including lands, structures or improvements the acquisition of which is necessary or incidental to the proper clearance, development or redevelopment of such slum or blighted areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight;

b. Clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan;

c. Sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other use or for public use or to retain such land for public use, in accordance with a redevelopment plan;

and such term may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.

(21) “Rehabilitation” means the reconstruction, alteration or repair of improvements, structures and buildings in accordance with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention, health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements.

(22) “Related activities” means:

a. Planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide plan or program pursuant to § 4520 of this title, as amended, and

b. The functions related to the acquisition and disposal of real property pursuant to § 4516(11) of this title, as amended.

(23) “Slum area” means an area in which there is a predominance of buildings or improvements (or which is predominantly residential in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.

(24) “Urban renewal area” means a slum area or a blighted area or any combination thereof which the local governing body designates as appropriate for an urban renewal project.

(25) “Urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:

a. Shall conform to the general plan for the municipality or community as a whole; and

b. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, rehabilitation and conservation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities and building requirements.

The term “urban renewal plan” shall be also construed as including and meaning redevelopment plan wherever the context of this chapter requires.

(26) a. “Urban renewal project” means undertakings and activities of a municipality or community, in an urban renewal area, for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include:

1. Acquisition of a slum area or a blighted area or portion thereof;

2. Clearance of any such areas by demolition or removal of existing buildings, structures, streets, utilities, parks, playgrounds or other improvements thereon;

3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan;

4. Disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the municipality or community itself) at its fair value for uses in accordance with the urban renewal plan;

5. Carrying out plans for a program of voluntary or compulsory repair, rehabilitation and conservation of buildings or other improvements in accordance with the urban renewal plan;

6. Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures and resale of the property;

7. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and

8. Acquisition of slum areas or blighted areas or portions thereof including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development or redevelopment or to the conservation or rehabilitation of such slum or blighted area or to the prevention of the spread or recurrence of slum conditions or conditions of blight.

b. “Urban renewal project” shall also be construed as including and meaning redevelopment project wherever the context of this chapter requires.

Legislative History

48 Del. Laws, c. 345, § 3 ; 31 Del. C. 1953, § 4501; 55 Del. Laws, c. 292, §§ 1-4 ; 56 Del. Laws, c. 293, § 12 ; 74 Del. Laws, c. 395, §§ 1, 2