Delaware Code Title 9 Sec. 3505 – Creation of a neighborhood improvement district
(a) Establishment. — (1) Property owners and residents in a proposed NID, or the County, may petition to establish a NID, subject to all requirements under this chapter.
(2) Where property owners or residents desire to establish a NID, or the County initiates such action, which occurs by way of a proposed ordinance sponsored by the District Council Member, a petition in a form established by the County must be submitted pursuant to the procedures provided for in this chapter. The proposed ordinance must identify criteria that support creation of a NID.
(3) The submission of a petition to establish a NID creates no obligation on the County to move forward with any of the procedures outlined in this chapter.
Terms Used In Delaware Code Title 9 Sec. 3505
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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. See Delaware Code Title 9 Sec. 3503
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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.
- Service area: means the area within the boundaries of the NID in which the NIDMA provides or administers enhanced services. See Delaware Code Title 9 Sec. 3503
- 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. See Delaware Code Title 9 Sec. 3503
- 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. See Delaware Code Title 9 Sec. 3503
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Specific procedures. — (1) The County shall provide to all property owners and lessees thereof located in the proposed NID a copy of the preliminary plan (the “Preliminary NIDP” ) and the location, date, and time of the public hearing at least 30 calendar days prior to the hearing required under this chapter. In addition, notice of the public hearing must be advertised at least 10 business days prior to the hearing in a newspaper of general circulation in the County.
(2) The hearing is for the purpose of receiving public comment on the Preliminary NIDP from property owners and residents within the proposed NID.
(3) Objections, if any, to the Preliminary NIDP may be submitted by nonexempt specially-assessed property owners within the proposed NID. In order to defeat the proposed NIDP, at least 50% of the specially-assessed property owners must timely lodge an objection in the manner required under this chapter. All objections must be in writing, notarized, and be submitted to the general manager of the Department of Community Services or designee thereof by hand delivery or electronic mail by the forty-fifth calendar day following the public hearing under this subsection. A scan or photocopy of a notarized document is valid.
(c) Contents of the Preliminary NIDP. — The Preliminary NIDP must include all of the following:
(1) A map indicating the boundaries of the proposed NID, as identified on the filed record plan. A designated property may not be included in more than 1 NID unless expressly authorized by ordinance of County Council.
(2) A written report from the County containing:
a. The name of the proposed NID.
b. A detailed description of the service area of the proposed NID.
c. A list of all properties to be specially assessed.
d. A list and brief description of proposed enhanced services and the estimated annual cost of the services.
e. A proposed budget for the first fiscal year, including proposed expenditures for enhanced services and related programs, which includes associated costs of services such as personnel, administration, maintenance, and operational costs.
f. The revenue sources for funding the proposed enhanced services and programs.
g. The estimated time for implementation of the proposed services and programs.
h. A brief statement identifying the NIDMA.
i. A general description of the powers and duties of the NIDMA.
j. The method of determining the special assessment fee to be levied on nonexempt properties within the NID under § 3508 of this title.
(3) The Preliminary NIDP must:
a. Identify the respective duties and responsibilities of the NIDMA and the County in relation to the NID.
b. Require that a written agreement be entered into between the NIDMA and the County.
c. Require in the agreement between the NIDMA and the County, and in the ordinance creating the NID, that the County must provide no less than the level of county services provided within the NID as before creation of the NID.
d. Provide in the agreement between the County and the NIDMA, and in the ordinance creating the NID, a sunset provision of up to 5 years, subject to extension thereafter by County Council following review of the NID and related enhanced services as provided for in § 3510 of this title.
e. Require in the agreement between the County and the NIDMA and in the ordinance creating the NID that the County is responsible for collection of a special assessment levied within the NID.
f. Allow for and encourage any owners of exempt property in the NID to provide in-kind services or a financial contribution to the NIDMA in lieu of a special assessment fee.
g. Require that in order to defeat establishment of the proposed NID, at least 50% of the specially-assessed property owners in the NID must lodge a written, notarized objection to the proposed NID. Such objection must be delivered to the general manager of the Department of Community Services or designee thereof via hand delivery or electronic mail no later than 45 calendar days following the hearing in which the County Council considers the Preliminary NIDP under subsection (b) of this section.
(d) The Proposed Final NIDP. —
Subsequent to the hearing on the Preliminary NIDP, unless the requisite number of objections to the Preliminary NIDP identified in subsection (b) of this section, has been timely submitted, the County shall provide a proposed final NIDP (the “Proposed Final NIDP” ) to all property owners and lessees thereof located within the proposed NID that reflects all revisions to the Preliminary NIDP based on comments from specially-assessed property owners and residents submitted at or within 45 calendar days following the public hearing. All revisions to the Preliminary NIDP reflected in the Proposed Final NIDP are to be identified in an easily discernible manner, such as changes being in boldfaced or italicized type.
(e) Public hearing – Proposed Final NIDP. —
Subject to the timely lodging of the requisite number of objections referenced in subsection (b) of this section, a public hearing to consider the Proposed Final NIDP must be held by the County. Notice of the hearing, including date, time, and place, and the means to lodge an objection, must be provided at least 30 calendar days prior to the hearing to all property owners and lessees thereof located in the proposed NID and must be advertised at least 10 business days prior to the hearing in a newspaper of general circulation in the County.
(f) Veto of the Proposed Final NIDP. — (1) Following the public hearing required under subsection (e) of this section, specially-assessed property owners located within a proposed NID have 45 calendar days from the date of the hearing to object to the Proposed Final NIDP.
(2) If at least 50% of specially-assessed property owners within a proposed NID fail to timely lodge an objection to the Proposed Final NIDP, the County Council may, following the 45-day period, consider an ordinance to establish a NID, or in the case of an amendment to a previously approved Final NIDP, adopt any amendments consistent with subsection (g) of this section.
(3) After the deadline has passed for objections under this section without the requisite number of objections having been lodged that would defeat the establishment of the NID, the County Council may proceed to consider the Proposed Final NIDP.
(g) Amendments to an approved Final NIDP. — (1) A previously approved NIDP (a “Final NIDP”), upon the recommendation of the NIDMA board, may be amended at any time after establishment of the NID. At least 51% of nonexempt specially-assessed property owners within the NID must approve the proposed amendment by lodging an approval in writing with the general manager of the Department of Community Services or designee thereof via hand delivery or electronic mail no later than 45 calendar days following the public hearing required under this subsection.
(2) Amendments to a Final NIDP may include any of the following:
a. Substantially-changed enhanced services or programs to be provided in the NID.
b. Increase in expenditures of at least 25% of the total NIDMA budget for the fiscal year.
c. Changing the special assessment fee levied on properties in the NID.
d. Changing the legal entity that administers enhanced services within the NID.
e. Changing the NID boundaries.
f. Other substantial changes to the Final NIDP as determined by County Council.
(3) The County shall provide a copy of the proposed amendments to all property owners and lessees thereof located within the proposed NID as well as notice of the hearing on the proposed amendments specifying the date, time, and place of the hearing, and the means to lodge an approval. All amendments are to be identified in an easily discernible manner, such as changes being in boldfaced or italicized type. Such notice must be provided at least 30 days prior to the hearing.
(4) The County shall provide public notice of the hearing on any proposed amendment to a Final NIDP by publication of a notice in at least 1 newspaper having a general circulation in the County, specifying the date, time, and place of the hearing, the means to lodge an approval, and the amendments to be considered. The notice must be published at least 10 business days prior to the hearing.
(5) Upon receiving the requisite number of votes under paragraph (g)(1) of this section, the County Council may proceed to consider the proposed amendments to the Final NIDP.
(6) Prior to any hearing to consider proposed amendments to increase the boundaries of a NID, each owner of property and lessees thereof proposed to be added to a NID must be notified of the date, time, and location of the public hearing on the proposed amendments and must be provided all information identified under subsections (c) and (d) of this section.