Del. Code tit. 9 § 3404

Current through 2024 Legislative Session Act Chapter 531
Section 3404 - Creation of stormwater maintenance district
(a) If the county government determines, after the public hearing required under § 3403 of this title, that it is in the public interest to establish the proposed stormwater maintenance district under the ordinance adopted under § 3402(a) of this title, county government shall adopt an ordinance establishing the stormwater maintenance district.
(b) Except as provided under the ordinance adopted under § 3402(a) of this section, the establishment of a stormwater maintenance district and the resulting infrastructure maintenance managed by New Castle County takes precedence over any homeowner obligation for stormwater management included in declarations of restrictions or similar development agreements. Any common open space or infrastructure within a community not maintained as part of a stormwater maintenance district remains the responsibility of the homeowners.

9 Del. C. § 3404

Added by Laws 2021, ch. 133,s 1, eff. 9/10/2021.