(a) The term “local service function,” as used in this chapter, shall mean a local governmental service, or a group of closely allied governmental services, performed by New Castle County, or by a municipality within New Castle County, for its inhabitants and for which, under constitutional and statutory provisions and judicial interpretations, the County, or any municipality as distinguished from the State, has a primary responsibility for provision and financing. Without in any way limiting the foregoing, the following are examples of local service functions:

(1) Planning and zoning including subdivision regulations;

(2) Adoption and enforcement of ordinances and regulations for the protection of persons and property from hazards in the use, occupancy, condition, alteration, maintenance, repair, sanitation, removal and demolition of buildings and structures or any parts thereof and grounds appurtenant thereto, in the operation of equipment therein, and of outdoor signs including, but not limited to, zoning ordinances and regulations thereunder, building codes and regulations thereunder, plumbing codes and regulations thereunder or other such codes;

(3) Programs for redevelopment, low rent housing and urban renewal;

(4) Parks and park related activities and recreational programs;

(5) Police protection;

(6) Fire protection;

(7) Public works including, but not limited to, maintenance and operation of sanitary and storm sewers, drainage systems, sewage disposal facilities, refuse disposal facilities, including trash and garbage collection disposal;

(8) Lighting of streets, roads, alleys, and other public places;

(9) Maintenance and operation of water supply system;

(10) Library services.

(b) The term “municipality,” as used in this chapter, shall mean any municipal corporation located within New Castle County, and incorporated pursuant to law by the General Assembly of this State, which performs for its residents any local service function and pays the cost thereof out of its own revenue sources.

(c) Responsibility for a local service function or a distinct activity or portion thereof exercised by a municipality located within New Castle County, may be transferred to the County by the concurring affirmative action in the form of an ordinance of the County Council of New Castle County and of the governing body of the municipality concerned. Responsibility for a local service function or a distinct activity or portion thereof not exercised by New Castle County, or by a municipality located within New Castle County, as of January 3, 1967, or exercised by New Castle County as of January 3, 1967, may be transferred to a municipality located within New Castle County by the concurring affirmative action in the form of an ordinance of the County Council of New Castle County and of the governing body of the municipality concerned.

(d) The expression of official action transferring a local service function shall make explicit:

(1) The nature of the local service function transferred;

(2) The effective date of such transfer;

(3) The manner in which affected employees engaged in the performance of the function will be transferred, reassigned or otherwise treated;

(4) The manner in which real property, facilities, equipment or other personal property required in the exercise of the function are to be transferred, sold or otherwise treated;

(5) The method of financing to be used in the exercise of the function received;

(6) Other legal, financial, and administrative arrangements necessary to effect transfer in an orderly and equitable manner.

9 Del. C. 1953, § 1102; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.