2 Del. Admin. Code § 2.4
A Transportation Improvement District is a geographic area defined for the purpose of securing required improvements to transportation facilities in that area.
Essential to the creation of a Transportation Improvement District (TID) is the development of a comprehensive and specific plan for land use and transportation within the geographic area of the District. The existence of such a plan allows DelDOT and the local land use agency(ies) to assess developers building in accordance with the plan for the cost of needed transportation improvements in a more comprehensive way than a TIS specific to one development affords. See also Section 2.2.2.4 regarding the relationship between TIDs and TIS.
It is to be expected that there will be significant differences between TIDs in the terms of their land use and transportation characteristics. Because DelDOT creates TIDs in partnership with local governments there will necessarily be differences in their administration as well. The purpose of Section 2.4 is to set forth DelDOT's requirements and recommendations for the elements of a TID.
A TID may include lands under the jurisdiction of more than one local government. Particularly near municipal boundaries, this condition is to be expected.
An LUTP should be completed for the TID based upon the forecast described in Section 2.4.2.5 below, identifying the improvements needed to bring all roads and other transportation facilities in the TID up to applicable State or local standards, including the service standards described in Section 2.4.2.6 below.
DelDOT and the local government(s) in whose jurisdiction(s) the TID is located should enter a written agreement regarding it and addressing the following subjects:
A TID must have distinct boundaries such that one can determine what parcels are in the TID and what parcels are not. Where possible those boundaries should follow geographic features that are easily identified, are rarely altered and generally do not cross parcel lines, such as railroad lines and major drainage courses. An exception to this rule is that roads are not desirable boundaries. Absent a good reason to the contrary, TID boundaries should follow Traffic Analysis Zone (TAZ) boundaries for ease in working with population and employment projections (See Section 2.4.2.5 below).
A TID must have a target horizon year for which population and employment is forecast in creating the TID. Usually, but not always, this year should be 20 years from the creation of the TID. As the LUTP for the TID is revised (See Section 2.4.2.7 below) the target horizon year may be adjusted.
The LUTP for the TID must include a quantitative, parcel-specific forecast of land use in the TID. The forecast can be either in terms of population and jobs (classified by employment type) or in terms of numbers of dwelling units and floor areas of non-residential uses, such that DelDOT can calculate population and jobs. The forecast must have the following components:
Service standards must be established for the TID, in the creation of the LUTP, to specify what is considered adequate transportation infrastructure. Service standards may include Levels of Service but shall also include desired typical sections for local, collector and arterial streets, and standards for the presence and frequency of transit service. Typically one standard will apply throughout the TID but there may be locations where a different standard is specified. The standards should be set collaboratively by DelDOT and the local governments involved, with some measure of public involvement. Review and approval of the standards by a local government committee at a public meeting constitutes public involvement.
The Comprehensive Plan(s) should list and map any TIDs, and incorporate by reference any completed LUTPs and TID agreements. When a local government updates their Comprehensive Plan, they should also initiate an update of the LUTPs and TID agreements for those TIDs.
Where possible the TID Agreement shall estimate the costs of the improvements contemplated in the LUTP and apportion the cost of those improvements such that developers seeking plan approvals must either make improvements identified in the LUTP or contribute toward improvements to be made by others, and developers doing more than their share of improvements can be compensated. The program will allow developer contributions to take the form of cash payments, construction, land needed for rights-of-way (in excess of those needed for the development streets and dedications addressed in Section 3.2.5) or a combination of the three. Administration of the program should be specific to the TID with which it is associated. For each TID the funds received from developers should be held by DelDOT, or a participating local government, in a fund dedicated to transportation improvements within that TID alone.
The terms of the Memorandum of Agreement or other mechanism used to create and implement TIDs or their functional equivalent in existence as of May 10, 2013 may conflict with the Required Elements described in Section 2.4.2 hereof. In such cases, the adoption of these Required Elements in lieu of existing provisions may be negotiated and agreed as between the Department and the participating local governments. Otherwise, the existing terms will continue in force and effect.
Where possible, creation of a TID should be part of the development of a master plan for the area encompassed by the TID. A broad and holistic approach, such as outlined in the Guide for Master Planning in Delaware will necessarily yield a better land use forecast and an LUTP with greater public acceptance and support than will a planning effort conducted solely by local land use agency and DelDOT staff.
It may be appropriate to make transportation improvements gradually over time. In such situations the TID Agreement should include a program for monitoring conditions in the TID to determine when design and construction of the next level of improvements should be started. Such a program will involve tracking land development, transportation improvements and the need for transportation improvements in the TID and will provide information necessary for updates of the LUTP. Administration of the program should be specific to the TID with which it is associated. A surcharge may be added to the infrastructure fee described in Section 2.14.2.8 to fund the monitoring program.
[Guidance] Where one exists, a Metropolitan Planning Organization (MPO) can provide assistance in the development and monitoring of an LUTP. An MPO can be of particular value in coordinating land use information where multiple local governments are involved. It may be appropriate to include the local MPO as a party to a TID agreement.
[Guidance] While it is possible to create a TID considering only a target horizon year (See Section 2.4.2.4), examination of conditions when all land in the TID is considered to be fully developed can often be useful in the planning process. If build-out analysis is to be done, the TID Agreement should specify what degree of development is considered to be build-out, and what use is to be made of the results of the analysis.
2 Del. Admin. Code § 2.4
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) (Final)