CHAPTER 38

FORMERLY

HOUSE BILL NO. 275

AN ACT TO AMEND CHAPTER 295, VOLUME 65, LAWS OF DELAWARE, ENTITLED: AN ACT TO REINCORPORATE THE TOWN OF BETHANY BEACH."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §3.2.1, Chapter 295, Volume 65, Laws of Delaware by adding the words ", both of after the words "once in at least two newspapers" and before the words "which shall be of general circulation" as the same appear in said section.

Section 2. Amend §3.2.1, Chapter 295, Volume 65, Laws of Delaware, by striking the words "30 days" wherever the same appear in said section, and substituting the words "21 days" in lieu thereof.

Section 3. Amend §3.2.3, Chapter 295, Volume 65, Laws of Delaware, by striking the words "Following the public hearing, but in no event later than 60 days thereafter," and substituting the words At any time following the public hearing" in lieu thereof:

Section 4. Amend §3.2.3, Chapter 295, Volume 65, Laws of Delaware by striking the words "30 days" wherever the same appear in said section, and substituting the words "21 days" in lieu thereof.

Section 5. Amend §3.2.4, chapter 295, Volume 65, Laws of Delaware, by adding the words ", both of" after the words "once in two newspapers" and before the words "which shall be of general circulation" as the same appear in said section.

Section 6. Amend §3.2.4, Chapter 295, Volume 65, Laws of Delaware by striking the words "30 days" wherever the same appear in said section, and substituting the words "21 days" in lieu thereof.

Section 7. Amend §3.2.6, Chapter 295, Volume 65, Laws of Delaware, by striking the words for eight consecutive hours" as the same appear in said section, and substituting the words for six consecutive hours" in lieu thereof.

Section 8. Amend §3.2.10, Chapter 295, Volume 65, Laws of Delaware, by adding, at the end thereof, the following new subsections:

"(c) Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

(d) In addition to publication as herein provided, the Town Council shall cause a public notice, containing the information set out in subsections (a) and (b) above (using date of "posting" for date of "publication"), to be posted in at least five public places in the Town and in at least one place, viewable to the public, in the territory proposed to be annexed.

(e) In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control."

Section 9. Amend §4.2, Chapter 295, Volume 65, Laws of Delaware, by re-numbering §4.2.39 through and including §4.2.46 as new §4.2.40 through and including §4.2.47; and by adding a new §4.2.39 as follows:

"§4.2.39. May impose, upon new development or construction or upon first-time occupancy of new construction, such "impact fees" as are reasonably calculated to recover the cost of installing, enlarging, improving, or expanding public or municipal improvements which have a rational nexus to such new construction."

Section 10. Amend §5.2.2, Chapter 295, Volume 65, Laws of Delaware, by striking subsection (a) in its entirety, and substituting in lieu thereof the following:

"(a) Resident Members. Any person who, on the date of the filing of notice of intention to run (or on the date of his or her appointment to fill a vacancy), has been a permanent full-time resident of the Town for at least six (6) months prior to such date of filing (or prior to the date of his or her appointment to fill a vacancy) and certifies his or her intention of remaining a permanent, full-time resident of the Town, shall be deemed to be a "resident" Town Council member upon taking office, whether or not such person is also a freeholder in the Town; and if such person subsequently fails to maintain residency in the Town, but continues to be a freeholder in the Town, during his or her term of office, that person shall continue to be deemed a "resident" member of the Town Council."

Section 11. Amend §5.4.2, Chapter 295, Volume 65, Laws of Delaware, by striking said section in its entirety, and substituting in lieu thereof the following:

"§5.4.2. Voter Qualifications. Any person shall be qualified to vote who, on the date of the election, is a United States citizen and has attained eighteen (18) years of age; is registered under the Town's Voter Registration ordinances, and is either:'-(a) a freeholder in the Town, as defined herein, for a period of ninety (90) consecutive days immediately preceding the date of the election, or (b) has been a permanent, full-time resident of the Town for at least six (6) months prior to the date of the election in which he or she seeks to vote. For purposes of this Charter: (i) a "freeholder" shall be deemed to include any natural person who holds title of record to a fee simple, estate or a life estate, in and to real property located within the Town boundaries; (ii) a "resident" shall mean any person who has been a- permanent, full-time resident of the Town for at least six (6) month prior to the date of the election."

Section 12. Amend §5.4.5, Chapter 295, Volume 65, Laws of Delaware, by striking the words an eight hour period" as the same appear in subsection (a), and substituting the words "a six hour period" in lieu thereof.

Section 13. Amend §5.4.5, Chapter 295, Volume 65, Laws of Delaware, by adding, at the end of subsection (b), the following:

Such notices shall be in bold print or bordered in black in such manner as to call attention thereto. In the event that the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control."

Section 14. Amend §5.4.5, Chapter 295, Volume 65, Laws of Delaware by striking the words "30 days" as the same appear in subsection (b), and substituting the words "21 days" in lieu thereof.

Section 15. Amend §12.1, Chapter 295, Volume 65, Laws of Delaware, by striking the words "Four Hundred Thousand Dollars ($400,000.00)" as the same appear in the first sentence thereof, and substituting in lieu thereof the following:

"one-third of the total amount of the Town's revenues for the immediately preceding fiscal year, from real property and utility fixture taxes, license fees, and fees for municipal services,"

Section 16. Amend §12.1, Chapter 295, Volume 65, Laws of Delaware by striking the last sentence of said §12.1, and substituting in lieu thereof the following;

"The aggregate amount of outstanding principal from any such borrowing or borrowings under this §12.1 shall at no time exceed one-third of the highest amount of the Town's total revenues from the aforementioned sources in any one of the five immediately preceding fiscal years."

Section 17. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking subsection (A) in its entirety, and substituting in lieu thereof the following:

"(A) The Town Council by resolution shall give notice to the residents and property owners of the Town that the Town Council proposes to borrow a sum of money, not to exceed a stated amount, for a stated municipal purpose. The resolution shall state the amount of money desired to be borrowed (which may be stated as a "not to exceed" amount), the purpose for which it is desired, the manner of securing same, and such other facts relating to the loan which are deemed pertinent by the Town Council and in their possession at the time of the passage of the Resolution; and they shall fix a time, date and place for a hearing on the said resolution."

Section 18. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking subsection (B) in its entirety, and substituting in lieu thereof the following:

"(13)(1) Notice of the time, date, and place of the hearing on the resolution authorizing said loan shall be published in two newspapers of general circulation in the Town not less than 21, days nor more than 60 days, prior to the date set for the public hearing. Such notice shall be in bold print or bordered in black so as to call attention thereto. In addition to the time, date, and place of the public hearing such notices shall contain the same information as required under §12.2.4(A) above.

(2) In addition to publication as herein provided, the Town Council shall, not less than 21 days nor more than 60 days prior to the date set for the hearing, cause a public notice containing the information required above to be posted in at least five public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control."

Section 19. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking subsection (C) in its entirety, and substituting in lieu thereof the following:

"(C) If, at any time following the public hearing, the Town Council determines to proceed with the proposed borrowing, it shall pass a second resolution ordering a special election to be held upon, not Tess than 21 nor more than 60 days public notice, for the purpose of voting for or against the proposed borrowing. The passage of the second Resolution shall Ipso facto be considered a determination by the Town Council to proceed with the matter In issue; provided however, that the Town Council may, at any time subsequent thereto, and based upon a significant change in the relevant circumstances, act by resolution to cancel the Special Election and abandon the proposed borrowing."

Section 20. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking subsection (D) in its entirety, and substituting in lieu thereof the following:

"(D)(1) The notice of the time and place of holding the said Special Election shall be printed in two newspapers of general circulation in the Town, not less than 21 days nor more than 60, days prior to the date set for the Special Election. In addition to the time, date and place of the election, such notice shall contain the same information as required under §12.2.4(A). Such notice shall be in bold print or bordered in black so as to call attention thereto.

(2) In addition to such publication as herein provided, the Town Council shall, not less than 21 days nor more than 60 days before the date set for the election, cause public notice, containing the information set out in subsection (D)(1) above (using date of "posting" for date of "publication"), to be posted in at least 5 public places In the Town. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control."

Section 21. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking the words The polling places shall be open for a minimum of eight hours", as the same appear in subsection (E), and substituting the words The polling places shall be open for a minimum of six hours" in lieu thereof.

Section 22. Amend §12.2.4, Chapter 295, Volume 65, Laws of Delaware, by striking the period (".") at the end of subsection (G), and substituting In lieu thereof the following:

"; provided, however, that the Town Council may, at any time prior to entering into a binding agreement for the public or private sale of such bond(s) or evidence(s) of indebtedness, abandon the proposed borrowing."

Section 23. Amend §)2.2.9, Chapter 295, Volume 65, Laws of Delaware, by striking the last two paragraphs of subsection (E), (beginning with "In the event" and ending with to call attention thereto') and substituting in lieu thereof the following new subsection:

(F) Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. In addition to publication as herein provided, the Town Council shall cause a public notice, containing the Information set out in subsections (A) through (E) above (using date of "posting" for date of "publication") to be posted in at least 5 public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control."

Section 24. Amend subsection (4) of §17.1, Chapter 295, Volume 65, Laws of Delaware by striking the words "Requiring those subject to such regulation to provide, at their own expense, such municipal or public Improvements which are specifically and uniquely attributable to the proposed land subdivision" as the same appear In said subsection (4), and substituting in lieu thereof the following:

"Requiring, through dedication of land, money in lieu of land, "impact fees" or otherwise, those subject to such regulation to provide, at their own expense, such municipal or public improvements (including enlargement, expansion, improvement, or enhancement of existing municipal or public improvements) which have a rational nexus to the proposed land subdivision"

Section 25. Amend §24.4.4, Chapter 295, Volume 65, Laws of Delaware, by striking subparagraph (b) In its entirety, and substituting in lieu thereof the following:

"(b)(1) Notice of the time, date, and place of holding the said Special Election shall be published in two newspapers of general circulation in the Town, and posted in five public places in the Town, not less than 21 days, nor more than 60 days, prior to the date set for the Special Election. The published notices shall be in bold print or bordered in black so as to call attention thereto. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control.

(2) The Mayor shall appoint three persons to act as a Board of Special Election, if a Special Election is required. The polling place shall be open a minimum of six consecutive hours, the times to be set by resolution of the Town Council. Persons in the polling place at the time set for the closing of the polls shall be entitled to vote even though such votes may be cast after the time set for the closing of the polls."

Approved June 21, 1989.