2 Del. Admin. Code § 3.1

Current through Register Vol. 27, No. 12, June 1, 2024
Section 3.1 - PURPOSE

This chapter is intended to provide those seeking access to state-maintained roadways and/or who wish to construct subdivision streets that will be maintained by DelDOT with:

* Specific standards and design guidance needed to assure adequate Record Plan design in the development of site transportation facilities; and

* The elements that need to be provided to DelDOT on the Record Plan so that DelDOT can provide the applicable local land use agency with a letter of "No Objection to Recordation" (LONOR).

Record Plans shall be in the format required by the local land use agency. The elements that DelDOT requires as part of this chapter shall be included on those plans.

The letter of "No Objection to Recordation" is not a DelDOT endorsement of the project. Rather, it is a recitation of the transportation improvements which the applicant may be required to make as a precondition to recordation steps and deed restrictions as required by the respective county/municipality in which the project is located. If transportation improvements are necessary, they are based on an analysis of the proposed project, its location, and its estimated impact on traffic movements and densities. The required improvements conform to DelDOT's published rules, regulations and standards. Ultimate responsibility for the approval of any project rests with the local government in which the land use decisions are authorized. There may be other reasons (environmental, historic, neighborhood composition, etc.) which compel that jurisdiction to modify or reject this proposed plan even though DelDOT has established that these enumerated transportation improvements are acceptable.

The Applicant's Record Plan must be completed within the context of the surrounding area by providing street types and connections consistent with the existing and future transportation network. Requirements for transportation facility rights-of-way, traffic calming, and operational analysis are also addressed in this chapter.

Design features that fall outside normal design criteria and accepted practice are to be determined using sound engineering judgment and must be thoroughly documented. The final design must meet the needs and expectations of DelDOT and the community, as well as providing for the users' safety.

2 Del. Admin. Code § 3.1

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)
22 DE Reg. 954 (5/1/2019)
23 DE Reg. 378 (11/1/2019) (Final)