§ 3402 — Establishing a stormwater maintenance district

(a) County government shall adopt an ordinance implementing this chapter, that provides the procedures and criteria for the establishment and operation of stormwater maintenance districts.

(b)Subdivisions and land developments approved after January 13, 2022. —

Any new subdivision or land development in any unincorporated area in New Castle County that is approved after January 13, 2022, shall establish a stormwater maintenance district, as required by the ordinance adopted under subsection (a) of this section, as a condition of plan approval. Fees for the district must not be incurred until the subdivision or land development is complete and the stormwater infrastructure is approved by the appropriate regulating agency.

(c)Subdivisions and land developments established before January 13, 2022. —

Any subdivision or land development established before January 13, 2022, in any unincorporated area in New Castle County contained within ascertainable boundaries, may petition county government under the ordinance adopted under subsection (a) of this section to declare the area a stormwater maintenance district.

(d) The county government may establish a stormwater maintenance district within an incorporated area of the County under subsection (a) of this section, but only with the concurrence of the local governing body.

Legislative History

83 Del. Laws, c. 133, § 1