SB 316

Abstract

This Act creates an annexation process for the Town of Slaughter Beach to extend its boundaries in accordance with § 101 of Title 22 of the Delaware Code. There is an expedited process that requires only the Town Council’s approval if the following conditions are met: (1) All owners of a contiguous territory petition the Town for annexation. (2) If the annexation is advantageous to the Town and the territory proposed for annexation. If less than all the owners of a contiguous territory petition for annexation or if the annexation is determined to be disadvantageous to either the Town or the territory proposed for annexation, then the Town Council must decide whether to hold a special election to vote on the proposed annexation. If the Town Council passes a resolution to hold the special election, then it must proceed with the annexation if it is approved by the special election. Residents of the Town and the territory proposed for annexation who are age 18 years old and older may vote in the special election and have one vote. Property owners in the Town and the territory proposed for annexation may vote in the special election and have one vote regardless of whether the owner is an individual or a business entity and regardless of whether the owner owns multiple properties. If the annexation is approved, within 60 days, the Town Council must record a description and plot of the annexed territory in the Sussex County Recorder of Deeds. If the annexation is not approved, then the territory cannot be considered for annexation for a year from the date of the special election. Anyone opposing an approved annexation must bring an action before 60 days after the publishing or posting of notice of the annexation. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.