When used in this article, the following definitions apply:

(a)

Transfer. The making, executing, delivering, accepting of any document whereby title to or any interest in real property located within the corporate limits of Newark, Delaware, is transferred or conveyed, regardless of where the document is executed, delivered, or accepted.

(b)

Document. Any deed, instrument, or writing whereby any lands, tenements, or hereditaments, or any interest therein, situate within the corporate limits of Newark, Delaware, shall be granted, bargained, sold, or otherwise conveyed to the grantee, purchaser, or any other person, which shall be presented for recording in New Castle County, not including, however, (1) wills, (2) mortgages, (3) transfers between husband and wife, (4) transfers between persons who were previously husband and wife but who have since been divorced, provided such transfer is made within three months of the date of the granting of the final decree in divorce unless ordered to the contrary by the court, and the property or interest therein subject to such transfer was acquired by the husband and wife or husband or wife prior to the granting of the final decree in divorce, transfers between parent and child, or the spouse of such child, (5) transfers between parent and trustee for the benefit of a child or the spouse of such child, (6) correctional deeds without consideration, (7) a conveyance to a trustee under a recorded trust agreement for the express purpose of holding title in trust as a security for a debt contracted at the time of the conveyance under which the trustee is not the lender and requiring the trustee to make reconveyance to the grantor-borrower upon the repayment of the debt, (8) any transfer from a purchase money mortgagor to the vendor holding the purchase money mortgage whether pursuant to a foreclosure or in lieu thereof, and (9) transfers by or to the City of Newark, state, or federal government, or instrumentalities, agencies, or political subdivisions thereof.

(c)

Consumer assistant. The planning director, or any person(s) duly authorized and appointed by the planning director to serve as agent for the purpose of carrying out the provisions of the article.

(d)

Purchaser package. This package shall consist of, but not limited to, the following items:

(1)

An affidavit, certified by the consumer assistant as indicating the specific zoning maps describing the land in the City of Newark that is within 1,000 feet of all boundaries of the parcel of land being transferred. There shall be a provision on the affidavit for the purchaser or grantee to sign indicating that he has read the attached maps and information.

(2)

The required City of Newark zoning maps or information that discloses the following information about land within 1,000 feet of all boundaries of the parcel of land being transferred:

a.

Zoning of land being transferred.

b.

Zoning of land adjacent to transferred land.

c.

Location of any special flood hazard area (SFHA), formerly known as the open floodway district (OFD).

(Ord. No. 74-30, 8-24-74; Ord. No. 75-5, 2-24-75; Ord. No. 16-05, Amend. No. 15, 1-25-16)

(a)

Every purchaser or real grantee who acquires title to land within the City of Newark shall be shown a buyer information package and shall sign an affidavit certifying this prior to presenting the document to the tax collector of the City of Newark, or his duly appointed agent, for the purpose of affixing the Newark Transfer Tax Stamp.

(b)

Where a person acquired title to any lands, tenements, or hereditaments as a nominee or as a straw party for the real grantee or purchaser, the transfer of such title by such nominee or straw party to the real grantee or purchaser shall be exempt from this ordinance.

(c)

Where a person acquired title to any lands, tenements, or hereditaments for the purpose of holding same as a nominee or as a straw party for the grantor, such transfer of title to the nominee or straw party shall be exempt from this article.

(Ord. No. 74-30, 8-24-74; Ord. No. 75-5, 2-24-75)

(a)

No document shall be recorded in the office of the recorder of deeds unless prior thereto it shall have been presented to the tax collector of the City of Newark, or his duly appointed agent, for the purpose of determining that a deed transfer affidavit is included therewith. The tax collector of the City of Newark, or his duly appointed agent, shall not consider a document valid or complete unless a deed transfer affidavit is included therewith.

(b)

The inclusion of a deed transfer affidavit to a document as imposed by this article when lodged with or presented to the tax collector of the City of Newark, or his duly appointed agent, shall be an affirmation on the part of the transferor or transferors that the transferee has been made aware of the information so described by this article.

(c)

Every document when lodged with or presented to the tax collector of the City of Newark, or his duly appointed agent, shall include a deed transfer affidavit, or shall be accompanied by an affidavit executed by a responsible person connected with the transaction showing such connection and setting forth the reason why such document is not subject to the affidavit under this article.

(Ord. No. 74-30, 8-24-74; Ord. No. 75-5, 2-24-75)

No person shall:

(a)

Make, execute, issue, deliver, or accept or cause to be made, executed, issued, delivered, or accepted any document without the affidavit described herein; or

(b)

Fail, neglect, or refuse to comply with, or otherwise violate the regulations prescribed, adopted, and promulgated by the consumer assistant under the provisions of this article; or

(c)

Fraudulently affix, willfully remove, or alter the deed transfer affidavit; or

(d)

Knowingly or willfully prepare, keep, sell, offer for sale, or have in his possession any forged or counterfeited deed transfer affidavit.

(Ord. No. 74-30, 8-24-74; Ord. No. 75-5, 2-24-75)

Any person guilty of conduct prohibited in Section 32-105 of this article shall be guilty of a misdemeanor, and upon conviction, any person violating the provisions of Section 32-105 of this article shall be punished with a fine of not more than $300.00 or by imprisonment not to exceed six months, or both fine and imprisonment in the discretion of the court. The alderman's court of the City of Newark shall have jurisdiction to try offenses under this article.

(Ord. No. 74-30, 8-24-74; Ord. No. 74-5, 2-24-75)

This article shall become effective March 1, 1975 provided, however, it shall not apply to transfers contracted for prior to the effective date of this article if notice of the existence of such contracts is given in writing to the tax collector on or before 30 days after passage of this article.

(Ord. No. 74-30, 8-26-74; Ord. No. 74-5, 2-24-75)

Nothing in this article shall be construed as to create any liability to the City of Newark, its agents, servants, and employees with respect to the accuracy of the information contained in the contents of the "purchaser package" as described in Section 32-102(d).

(Ord. No. 74-30, 8-26-74)