1. (a) Real property owners of any area in Kent County contained within ascertainable boundaries may petition the Kent County government to declare the area a stormwater maintenance district. The petition shall set forth the boundary lines of the proposed stormwater maintenance district and be submitted according to the criteria established by the county government.
2. (b) Any new applicable subdivision or land development approved following the adoption of Kent County’s implementing ordinance shall establish a stormwater maintenance district as a condition of approval. Fees for the district shall not be incurred until the subdivision or land development is complete and the stormwater infrastructure approved by the appropriate regulating agency.
3. (c) Kent County may establish a stormwater maintenance district within an incorporated area using the same submission process only with the concurrence of the local governing body.

79 Del. Laws, c. 149, § 1