2 Del. Admin. Code § 1.7

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

Section 1.7 - REVIEW FEES

Review fees (as applicable) will be assessed for all development proposals at the following stages:

* Traffic Impact Study Review (pending review and approval of the General Assembly).

* The Initial Stage.

* The Construction Stage.

The following applies to determining and collecting fees to cover the costs of administering the review of a typical land development proposal.

A. Traffic Impact Study Review: A Fee of $5000 is collected when an applicant requests confirmation of the Scope of Work for the study.

B. Initial Stage: Fees are collected at the time of submission of the record plan for DelDOT's review. The fee associated with this stage offsets a portion of the costs associated with plan review activities before final plan approval by the local land use agency. An "Initial Stage Fee Calculation Form", available online at http://devcoord.deldot.gov > Forms, or digital equivalent must be submitted with the fee, which is calculated as follows:

1. Minor residential subdivision: $100*.

2. Major State-maintained, residential subdivision: $400 plus $10 per lot.

3. Non-residential development: $500 plus $20 per lot or $500 plus $20 per 1,000 square feet of gross floor area, whichever is greater.

4. Mixed use development: calculated for each land use separately and added together.

5. Residential, Non-State maintained development: $520.

*If all or a portion of the property subject to this fee is re-subdivided within 10 years of the payment of this fee, that subdivision shall be treated for fee purposes as if planned for 5 lots or more.

C. Construction Stage: Fees are collected at the time of submission of the construction plans for DelDOT's review. The fee associated with this review offsets a portion of the costs incurred by DelDOT for the technical review of subdivision street plans and highway access plans. A "Construction Stage Fee Calculation Form" available online at http://devcoord.deldot.gov > Forms, or digital equivalent must be submitted with the fee, which is calculated as follows:

1. Minor residential subdivision: No fee required.

2. Major residential, State-maintained subdivision: 125% of the Initial Stage Fee for a major residential subdivision as identified in Item 2 of the form.

3. Non-residential development: 150% of the Initial Stage Fee for non-residential development as identified in Item 2 of the form.

4. Residential, non-State maintained: 125% of the Initial Stage Fee for non-residential development as identified in Item 2 of the form.

All fees shall be paid using the methods described in the Fee Forms (available at http://devcoord.deldot.gov) and in accordance with DelDOT's current polices. Payments submitted to DelDOT must be accompanied by the appropriate fee calculation form (or the digital equivalent), which can be found on DelDOT's website under Development Coordination at the following link: http://devcoord.deldot.gov.

If DelDOT determines that a check or money order is the necessary form of payment for a particular project related fee, the check or money order shall be payable to the Delaware Department of Transportation. Checks or money orders that are requested by DelDOT must be dated within 90 days of the date submitted, must include the applicable fee forms and shall be mailed to DelDOT at the following address:

Attention: Controller

DelDOT

P.O. Box 778

Dover, DE 19903

A copy of the payment and appropriate fee form or digital equivalent shall be uploaded to DelDOT's Subdivision Section along with the submittal package using the methods described in the Fee Forms (available at http://devcoord.deldot.gov) and in accordance with DelDOT's current polices.

1.7.1Review Fees - Fee Administration

DelDOT will not accept a record plan or construction plan submission without a respective fee calculation form and payment. Should any payment received be deemed insufficient, one of the following two options is available at the discretion of DelDOT:

A. Funds will be accepted and deposited in accordance with DelDOT's current policies. DelDOT shall notify the applicant that no action on the submission will take place until the balance of required fees is received.

B. All documents subject to review by the Subdivision Engineer will be returned to the applicant or processed as a declined submission. Documents can be resubmitted with correct fees at a later date.

2 Del. Admin. Code § 1.7

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)