NEW CASTLE COUNTY CODE

Latest version.

____________

VOLUME I

____________

Published in 2011 by Order of the County Council

____________

Adopted: January 18, 2011

____________

OFFICIALS

of the

COUNTY OF

NEW CASTLE, DELAWARE

AT THE TIME OF THIS REPUBLICATION

____________

Thomas H. Kovach

Council President

____________

Joseph M. Reda, First District

Robert S. Weiner, Second District

Janet Kilpatrick, Third District

Penrose Hollins, Fourth District

Lisa Diller, Fifth District

William Powers, Sixth District

George Smiley, Seventh District

John J. Cartier, Eighth District

Timothy P. Sheldon, Ninth District

Jea P. Street, Tenth District

David L. Tackett, Eleventh District

William J. Bell, Twelfth District

County Council

____________

Paul G. Clark

County Executive

____________

Wendy R. Danner

Counsel to Council

____________

Betsy J. Gardner

Clerk of Council

CURRENT OFFICIALS

of the

COUNTY OF

NEW CASTLE, DELAWARE

____________

Karen M. Hartley-Nagle

Council President

____________

Kenneth R. Woods, First District

Dee Durham, Second District

Janet T. Kilpatrick, Third District

Penrose Hollins, Fourth District

Elisa Diller, Fifth District

David Carter, Sixth District

George Smiley, Seventh District

John J. Cartier, Eighth District

Timothy P. Sheldon, Ninth District

Jea P. Street, Tenth District

David L. Tackett, Eleventh District

William J. Bell, Twelfth District

County Council

____________

Matthew Meyer

County Executive

____________

Michael Migliore

Counsel to Council

____________

Nellie Hill

Clerk of Council

PREFACE

This Code constitutes a republication of the general and permanent ordinances of the County of New Castle, Delaware.

Source materials used in the preparation of the Code were the 2000 Code, as supplemented through September 26, 2000 and ordinances subsequently adopted by the County Council. The source of each section is included in the history note appearing in parentheses at the end thereof. By use of the comparative tables appearing in the back of this Code, the reader can locate any renumbered section of the 1983 Code (supplemented through January 26, 1983), the 1995 Code (supplemented through December 27, 1996), the 2000 Code (supplemented through September 26, 2000) and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant State law have been included. A table listing the State law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

Each division or section number consists of three parts separated by a point. The first number refers to the chapter number, the second number refers to the article number and the third number refers to either the division number or section number.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

RELATED LAWS	RL:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This republication was under the direct supervision of Zanne Ebersole, Editor, and Aline True, Quality Control Specialist, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Wendy R. Danner, Counsel to Council and Betsy Gardner, Clerk of Council, for their cooperation and assistance during the progress of the work on this republication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the County readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the County's affairs.

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the County of New Castle, Delaware. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; State law references; numbering system; code comparative table; State law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the County of New Castle, Delaware.

SUBSTITUTE NO. 1 TO
ORDINANCE 10-113

AN ORDINANCE ADOPTING AND ENACTING A REPUBLICATION OF THE NEW CASTLE COUNTY CODE FOR THE COUNTY OF NEW CASTLE, DELAWARE

WHEREAS, State law requires that New Castle County provide for the general codification of all County ordinances having the force and effect of law at least every ten years (9 Del. C. § 1161); and

WHEREAS, the New Castle County Code ("the Code") has undergone substantial formatting changes in 1983 (supplemented through January 26, 1983), 1995 (as supplemented through December 27, 1996) and 2000 (as supplemented through September 26, 2000) when the Code was reformatted into a user-friendly, three-ring binder in 8-½ by 11" page size with double column, with the exception of charts, and conveniently placed all materials into a two-volume set. Volume two is solely comprised of Chapter 40 (the Unified Development Code or "UDC") for ease and accessibility; and

WHEREAS, the republication also incorporates the 2000 Code, as supplemented through September 26, 2000 and ordinances subsequently adopted by the County Council; updates State law references; renumbers pages and code sections; deletes obsolete code sections; and implements grammatical and typographical changes with no impact on the intent of the code; and

WHEREAS, by way of more specific (but not all encompassing) example, the following represent some of the items included in the republication: the source of each section is included in the history note appearing in parentheses at the end thereof; by use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1983, 1995 and 2000 Code, as supplemented, and any subsequent ordinance included herein; various sections within each chapter of the Code have been catch-lined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant State law have been included. All terminology was made consistent. A table listing the State law citations and setting forth their location within the Code is included at the back of this Code; and

WHEREAS, the republication of the Code in no way changes the already existing Code except for the aforementioned; and

WHEREAS, New Castle County Council has determined that it is necessary and proper for the convenience of the citizens of New Castle County to approve the republication as outlined above.

NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:

Section 1. The code entitled New Castle County Code, published by Municipal Code Corporation, consisting of chapters one through forty, and copyrighted in 2010, is adopted as amended in Exhibit A with added material underlined and stricken and/or bracketed material deleted.

Section 2. All ordinances of a general and permanent nature enacted on or before December 14, 2010, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Code amendments or additions indicating that County Council intends to make them part of the Code will be considered to be incorporated into the Code, so that reference to the code also includes amendments and additions.

Section 5. This ordinance shall become effective two weeks after its passage by County Council to allow time for distribution before new section numbers are cited.

Approved on:	Adopted by County Council of
/s/ _____	New Castle County on: 1/18/11
County Executive 9/27/00	/s/ _____
	President of County Council of
	New Castle County

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');