Delaware Code (Titles 8, 9, 25, 30)

9 Del. C. § 3503

Definitions

Official textdelcode.delaware.gov14 subsections

The following words and phrases when used in this Chapter shall have the meanings provided herein:

# (1)

“Benefited property” means a nonexempt specially-assessed property located within a neighborhood improvement district that benefits from enhanced services and related programs based on a rational nexus test. Properties need not benefit equally to be considered to have benefited.

# (2)

“Cost of services” includes consulting fees, professional fees, preliminary planning expenditures, feasibility study expenditures, financing costs, administrative costs, and any other expenditures necessary or incidental to the development or provision of enhanced services and related programs.

# (3)

“District advisory council” means an optional advisory committee comprised of property owners and residents from the neighborhood improvement district that may be established under § 3507 of this title for the purpose of providing recommendations to the neighborhood improvement district management association regarding needed enhanced services within the district.

# (4)

“Enhanced services” means additional or increased services aimed at improving the ability of property owners and residents to enjoy a safer and healthier neighborhood due to the provision of expanded services, which include services such as district-wide street cleaning, district-wide snow removal, district-wide trash removal, and maintenance of open space.

# (5)

“Neighborhood” means a limited geographic area situated within an unincorporated area of New Castle County and located in a residential district, the limits of which form the neighborhood improvement district boundaries, as identified on a filed record plan.

# (6)

“Neighborhood improvement district” means a neighborhood, as identified on a filed record plan, in which a special assessment is levied on designated property, other than exempt property, for the purpose of promoting the general health and welfare of the district, hereinafter referred to as a “NID.”

# (7)

“Neighborhood improvement district management association” means the corporate body that oversees the management of each neighborhood improvement district established pursuant to § 3506 of this title, which hereinafter shall be referred to as a “NIDMA.”

# (8)

“Neighborhood improvement district plan” means the strategic plan for enhanced neighborhood services and related programs required under § 3505 of this title, hereinafter referred to as a “NIDP,” to be provided within the district pursuant to the plan implemented and administered by the NIDMA.

# (9)

“Rational nexus” means that there is a rational, definable benefit that accrues to any nonexempt property owner assessed a special assessment fee for said benefit in a NID created under this chapter.

# (10)

“Residential district” means, for purposes of this chapter, a limited geographical area comprised of real property consisting predominantly of buildings and structures for housing individuals and families, including single-family detached homes, single-family semi-detached homes, townhouses, condominiums, apartments, manufactured homes, modular homes, and any combination of the above.

# (11)

“Service area” means the area within the boundaries of the NID in which the NIDMA provides or administers enhanced services.

# (12)

“Special assessment” or “special assessment fee” means the fee assessed on nonexempt properties within a NID levied by the county for purposes of providing enhanced services in a district under § 3508 of this title.

# (13)

“Sunset provision” means a provision in the NIDP which, under § 3505 of this title, provides for the dissolution of the NID, unless re-enacted by County Council, on a date up to 5 years from commencement as identified in the approved Final NIDP and in the county ordinance establishing a NID. The NID may be continued beyond such initial date, provided the County adopts an ordinance extending the lifespan of the NID, following a review by County Council of the NID and the enhanced services provided therein.

Amendment history

83 Del. Laws, c. 457, § 1

Source: view the official text

In this title (40 sections)

Full table of contents →