9 Del. C. § 5204: Creation of stormwater maintenance district.

(a) If the county government determines, after a public hearing, that it is in the public interest to create the proposed stormwater maintenance district, it shall pass a resolution to that effect.

(b) The creation of a stormwater maintenance district and the resulting infrastructure maintenance managed by the County shall take precedence over any homeowner obligation for stormwater management included in declarations of restrictions or similar development agreements. Any common open space or infrastructure within a community not maintained as part of a stormwater maintenance district shall remain the responsibility of the homeowners.