2 Del. Admin. Code § 1.5

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1.5 - PROCESS FOR LETTER OF NO CONTENTION REQUESTS

This section defines the process as it relates to existing commercial uses/projects that are seeking an approval to use an existing entrance facility. Project eligibility is at DelDOT's discretion. Waivers for any of the conditions set forth in section 1.5.1 shall require written approval from the Assistant Director of Planning. If a parcel is covered under an existing Transportation Improvement District (TID), the site is still governed under that TID Agreement.

1.5.1Eligibility of a Project

A. The existing business must not have been vacant for three or more years.

B. The project scope can include site alterations, building expansions, construction or placement of new structures. If a site is to be leveled, i.e. all existing trip generating buildings are demolished; the project shall follow the application and approval process outlined in Section 1.4.

C. The proposed site must either; generate a reduced amount of vehicular traffic or generate a net increase in vehicular traffic (less than 500 Average Daily Trips (ADT) or 50 vehicle peak hour [vph]) and must not be required to perform a Traffic Impact Study (TIS) or a Traffic Operational Analysis (TOA). DelDOT may require a TOA for any project that generates a total of 200 or more ADT.

D. If a Capital Transportation Program (CTP) Project is occurring contiguous to the parcel/project then the application and approval process outlined in Section 1.4 may be required.

E. If a project generates a total site ADT of 200 ADT or greater (including existing and proposed trips), proper Right-of-Way (ROW) dedication must be confirmed to exist or be provided via recorded plan or a deed, along a Major Collector or greater roadway functional classification (i.e. Major Collector, Minor Arterial, Principal Arterial or Freeway/Expressways).

F. If turn-lanes are not present at the entrance and are required, then the application and approval process outlined in Section 1.4 shall be required. If turn lanes are present at the existing entrance, the Subdivision Engineer may at their discretion allow the project to proceed in the LONC/PEC Process.

G. If a project generates a total site ADT between 200 and 1,999 and is located within Investment Level I or Investment Level II Areas as defined by the State Strategies for Policies and Spending maps, the applicant will be required to pay the Shared-Use Path (SUP)/Sidewalk fee in-lieu of construction. If the applicant chooses to construct the pedestrian facilities they will have to follow the application and approval process outlined in Section 1.4.

H. Projects that generate a total site ADT of 2,000 or greater (regardless of Investment Level Area designation) must provide proof of existing pedestrian facilities or they will be required to follow the application and approval process outlined in Section 1.4 and construct any Department identified pedestrian facilities/upgrades.

1.5.2Application and Approval Process

A. All requests should be received though our online portal PDCA (http://pdca.deldot.gov/) or through the Subdivision Mailbox (Subdivision@delaware.gov).

B. All applicants will be required to complete and submit a Permit Application (available online at http://devcoord.deldot.gov > Forms) with site traffic / trip generation information (average number of daily: vehicles using entrance, customers, and employees). The applicant is encouraged to submit a site plan, trip generation diagram, Auxiliary Lane sheets and documents relating to ROW. Construction in the ROW will require engineered plans at the Department's discretion. Additional information allows the Department to effectively process the application and to help avoid delays.

C. DelDOT will check safety issues such as: reviewing a minimum of 3 years of crash history data at the entrance location, adequacy of existing pedestrian facilities, the physical condition of the existing entrance and any other deficient elements within the ROW along the site frontage.

D. For projects that generate over 200 ADT (including existing and proposed trips), any existing pedestrian facilities that are determined to be not adequate must be brought up to the current standards by the applicant.

E. DelDOT will review the project for its eligibility per the LONC requirements and determine any deficiencies per the review outlined in item C. Depending on the scope of work needed to correct any identified deficiencies, the project may be processed under the LONC/PEC process or the application and approval process outlined in Section 1.4. This determination will be made at the discretion of the Subdivision Engineer. DelDOT will make the determination if the LONC/PEC process is appropriate and if any fee payments are required within 15 business days. If more time or information is needed to process the Application, DelDOT personnel will notify the Applicant with an expected response date or request that information.

2 Del. Admin. Code § 1.5

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016)
23 DE Reg. 378 (11/1/2019) (Final)