For purposes of this chapter:

(1) “Chief Financial Officer” means the Chief Financial Officer of New Castle County or a designee.

(2) “Fire protection” means the prevention and extinguishment of fires; maintenance of apparatus and equipment, including ambulances, rescue trucks, aerial, or platform trucks and rescue boats; provision of basic life support; and operation of stations.

(3) a. “Local service function” or “LSF” means a local governmental service, or a group of closely allied governmental services, that is all of the following:

1. A service for which, New Castle County or any municipality, as distinguished from the State, has a primary responsibility for provision and financing, under the Delaware Constitution, Delaware Code, or judicial decision.

2. Performed or financially supported by New Castle County and by at least 1 municipality, in whole or in part, instead of New Castle County.

3. Funded by New Castle County, in whole or in part, through property tax revenue.

b. “Local service function” or “LSF” may include any of the following:

1. Planning and zoning, including subdivision regulations.

2. Adoption and enforcement of ordinances for the protection of persons and property from hazards in the use, occupancy, condition, alteration, maintenance, repair, sanitation, removal, and demolition of buildings, structures, and appurtenant grounds; the operation of equipment; and outdoor signs, including codes and regulations for any of the following:

A. Zoning.

B. Building.

C. Plumbing.

D. Property maintenance.

3. Programs for redevelopment, affordable housing, and urban renewal.

4. Parks and park related activities and recreational programs.

5. Police protection.

6. Fire protection.

7. 9-1-1 communications.

8. Animal control.

9. Public works, including maintenance and operation of sanitary and storm sewers, drainage systems, sewage disposal facilities, and refuse disposal facilities, including trash and garbage collection disposal.

10. Lighting of streets, roads, alleys, and other public places.

11. Maintenance and operation of the water supply system.

12. Library system.

(4) “Municipality” means a municipal corporation located within New Castle County and incorporated by an act of the General Assembly.

(5) “New Castle County service percentage” means the degree to which New Castle County provides a local service function within a municipality, determined by subtracting the degree to which a municipality provides the local service function from 100%. The New Castle County service percentage in the unincorporated area equals 100%.

83 Del. Laws, c. 7, § 1; 83 Del. Laws, c. 7, § 10; 83 Del. Laws, c. 283, § 7;

Terms Used In Delaware Code Title 9 Sec. 1101A

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302