§ 501 — Definitions

Delaware § 501

• Jurisdiction: Delaware
• Title: 9
• Part: Provisions Affecting All Counties
• Ch. 5: SUBURBAN COMMUNITY IMPROVEMENTS
• Subch.: Sidewalks, Streets, Signs, Drainage, Storm Sewers

Text

As used in this subchapter:

(1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated.

(2) All references to the “county engineer” shall be construed to mean the General Manager of the Department of Special Services insofar as New Castle County is concerned.

(3) a. “County government” means the county governing body of each county.

b. Whenever the words “county government” are used in this chapter, the words “County Council” shall be substituted regarding New Castle County.

(4) All references to “receiver of taxes” and “county treasurer” and “board of assessment” shall be construed to mean the “department of finance” insofar as Sussex County is concerned and “Office of Finance” insofar as New Castle County is concerned.

(5) a. “Suburban community” means any unincorporated community within this State:

1. Containing at least 5 separate and distinct property owners; provided, that each parcel of land, condominium or other individually owned unit of a multiunit building shall be deemed to have no more than 1 owner for the purposes of this subchapter;

2. In the case of individually owned parcels of land whose streets aggregate a minimum of 500 linear feet of road surface or in the case of condominium or other type of individually owned units of multiunit buildings whose streets aggregate a minimum of 300 feet of road surfacing; and

3. Which, in the opinion of the county government and the State Department of Transportation, is so situated as to form a unit which is reasonably and economically capable of being improved by the laying, repairing or completion of streets, signs, sidewalks and installation of surface drainage and storm sewers.

b. In addition to the foregoing such unincorporated community within this State must:

1. Be located on a highway which is part of the state highway system or will be connected to the state highway system when the projects provided for in this subchapter are complete and which street shall be either maintained by the State upon completion pursuant to the requirements of Title 17 and the rules, regulations or standards adopted pursuant thereto; or

2. Shall be built pursuant to county rules and regulations requiring design and building standards and a means or mechanism to provide for the perpetual maintenance of such suburban community streets as provided herein.

Legislative History

45 Del. Laws, c. 123, § 2 ; 46 Del. Laws, c. 292, § 1 ; 9 Del. C. 1953, § 501; 55 Del. Laws, c. 85, §§ 4A, 4B ; 57 Del. Laws, c. 762, § 3B ; 59 Del. Laws, c. 180, § 2 ; 60 Del. Laws, c. 133, § 1 ; 64 Del. Laws, c. 357, § 1 ; 71 Del. Laws, c. 401, §§ 9-11