(a) If the county government determines, after a public hearing, that it is in the public interest to create the proposed stormwater maintenance district, it shall pass a resolution to that effect.

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Terms Used In Delaware Code Title 9 Sec. 5204

  • 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.
  • Stormwater maintenance district: means an area in Kent County, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical stormwater maintenance pursuant to the procedures of this chapter. See Delaware Code Title 9 Sec. 5201
  • Stormwater management: means :

    a. See Delaware Code Title 9 Sec. 5201

(b) The creation of a stormwater maintenance district and the resulting infrastructure maintenance managed by the County shall take 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 shall remain the responsibility of the homeowners.

79 Del. Laws, c. 149, § ?1;