(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.

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Terms Used In Delaware Code Title 9 Sec. 3404

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(b) Except as provided under the ordinance adopted under § 3402(a) of this title, 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.

83 Del. Laws, c. 133, § 1;