TITLE 9

Counties

Provisions Affecting All Counties

CHAPTER 6. Suburban Parks and Recreation

Subchapter I. General Provisions

§ 601. Purpose.

The purpose of this chapter is to provide a procedure whereby the people of various unincorporated communities may establish and maintain parks and other recreational facilities and pay for the same through county bonds, the interest on and principal of such bonds to be collected by taxation of the community benefited.

9 Del. C. 1953, §  601;  49 Del. Laws, c. 112, §  1

§ 602. Definitions.

As used in this chapter:

(1) “Clerk of the county government” means the clerk of the peace of the county in which the suburban park community is situated.

(2) “Commission” means the county park and recreation commission.

(3) “County government” means the county governing body.

(4) “Legal voter” means every citizen resident in a proposed or existing suburban park community, who would be entitled at the time of holding an election hereunder to register and vote in any election district of which a proposed or existing suburban park community is a part at a general election, if such general election were to be held at the time of any election under this chapter whether or not he or she is at that time a registered voter.

(5) “Park or recreation area” means any area of real estate located within or reasonably near the suburban park community suitable for the promotion of the health and recreation of the residents of the suburban community.

(6) “Suburban park community” means any unincorporated community within the State:

a. Containing at least 50 dwellings, and

b. Which, in the opinion of the county government is so situated as to form a unit which is reasonably, equitably and economically capable of being improved by the addition of a park or recreation area located reasonably near such suburban park community.

9 Del. C. 1953, §  602;  49 Del. Laws, c. 112, §  157 Del. Laws, c. 762, §  4A70 Del. Laws, c. 186, §  1

§ 603. Tax exemption of parks and recreation areas.

All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from state and county taxation so long as used for such purposes.

9 Del. C. 1953, §  603;  49 Del. Laws, c. 112, §  1

§ 604. Application of chapter.

(a) This chapter shall apply only in Kent and Sussex Counties.

(b) Parks and recreational facilities in the unincorporated communities of New Castle County shall be under the supervision of the Department of Parks and Recreation as provided in Chapter 13 of this title.

9 Del. C. 1953, §  604;  55 Del. Laws, c. 85, §  5