Delaware Code Title 22 Sec. 1908 – Formal review and termination of districts
(a) If a municipality (or a county in the case of an unincorporated area) fails to fulfill its obligations pursuant to § 1905 of this title or as otherwise set forth in this chapter, then the Office may recommend to the Committee that the district be placed under formal review or that its district designation be terminated.
Terms Used In Delaware Code Title 22 Sec. 1908
- Committee: means the Cabinet Committee on State Planning Issues established pursuant to § 9101 of Title 29. See Delaware Code Title 22 Sec. 1902
- district: means an area within a municipality or unincorporated area designated as a Downtown Development District in accordance with the provisions of this chapter. See Delaware Code Title 22 Sec. 1902
- Municipality: means any incorporated town or city of this State. See Delaware Code Title 22 Sec. 1902
- Office: means the Office of State Planning Coordination. See Delaware Code Title 22 Sec. 1902
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Except in instances where a city, town, or municipality fails to provide local incentives in accordance with § 1906 of this title hereunder, the Office may not recommend:
(1) Placing any district under formal review for at least 2 years following the initial designation of such district; and
(2) Terminating the designation of any district for at least 1 year following the placement of the district on formal review by the Committee.
(c) In no event shall the Office recommend formal review or termination of any district without providing sufficient notice and opportunity to be heard to such district.
(d) The Committee may approve any recommendation by the Office to place a district under formal review or to terminate a district’s designation upon the affirmative vote of 3/5 of the members of the Committee.
(e) The Office may promulgate regulations to authorize the continuation of previously authorized district incentives for a reasonable period following termination of the district; provided, however, that no new incentives shall be authorized for any entity after the date of termination.