2 Del. Admin. Code § 3.2
DelDOT has jurisdiction over the public right-of-way, which provides for pavement, drainage, pedestrian facilities, lighting, landscaping and the roadside. The applicant's engineer is responsible for defining and verifying the existing right-of-way and/or easements on State-maintained roadways. The right-of-way must be evaluated to determine if the existing width can accommodate the construction and maintenance of any improvements within the right-of-way. DelDOT must approve the placement of anything within the right-of-way. Non-compliant structures and roadside obstructions shall be removed at DelDOT's direction prior to the acceptance of improved section of the right-of-way.
The widths of the right-of-way shall be in accordance with Figure 3.2.1-a. Refer to Section 5.4 for information on intersection sight easement requirements and Section 5.7.2.6 for information on drainage easement requirements. Additional right-of-way and/or easements may be required at existing or future signalized intersections for signal poles and devices.
Figure 3.2.1-a Minimum Right-of-Way Width
*Provide an additional ten-foot drainage easement on both sides for subdivision streets with open drainage.
Note: At intersection streets the right-of-way shall have a minimum radius of 25 feet.
The Record Plan shall contain one of the following notes relative to future maintenance of the internal street system:
DelDOT will only accept the maintenance of roadways with right-of-way dedicated to public use. The dedication of right-of-way shall be approved by DelDOT prior to recording the plan by the local land use agency.
The maintenance responsibility of DelDOT within the dedicated right-of-way is outlined in Chapter 6.
The developer shall be required to furnish and place right-of-way monuments on the dedicated subdivision street right-of-way in accordance with this Development Coordination Manual, and the requirements of the land use agency. Right-of-way monuments shall be placed along the right-of-way lines, at a minimum on one side of the street at every change in horizontal alignment to provide a permanent reference for reestablishing the centerline and right-of-way line. Right-of-way monuments shall be set and/or placed by a Professional Land Surveyor (PLS) licensed in Delaware and located on a monumentation plan to be provided with the as builts. Right-of-way monuments shall be located and punched so the center is on the right-of-way line. Details of standard right-of-way monuments are shown in DelDOT's Standard Construction Details.
Right-of-way markers shall be placed to provide a permanent reference for re-establishing the right-of- way and property corners on frontage roads. Right-of-way markers shall be set and/or placed along the frontage road right-of-way at property corners and at each change in right-of-way alignment by a Professional Land Surveyor (PLS) licensed in Delaware. Frontage road right-of-way markers shall consist at a minimum of capped rebar/pins, and shall be located and punched so the center is on the dedicated right- of-way line.
The subdivision, development or redevelopment of property adjacent to a State-maintained roadway is subject to a dedication of right-of-way sufficient to provide a total roadway right-of-way in accordance with the minimum standards shown in Figure 3.2.5-a.
This width provides for future roadway improvements to accommodate the forecasted traffic based on the Record Plan and the local land use agency's comprehensive plan. Figures 3.2.5-b, 3.2.5-c, and 3.2.5-d show typical sections for various road types.
Figure 3.2.5-a Minimum Standards for Total Roadway Right-of-Way
An easement or open space shall be established at the entrance of all subdivisions for the purpose of a planned or future neighborhood sign or structure. This area shall be located outside of any existing or proposed right-of-way. If there is no easement area available because of limited site frontage, provisions may be made to locate the gateway feature within the right-of-way provided that a right-of-way use agreement is executed and the gateway feature does not pose a sight distance or safety hazard. The ability to locate a gateway feature within the right-of-way will be at the sole discretion of DelDOT.
A 15-foot easement beyond the minimum right-of-way listed in Figure 3.2.5-a, must be established along the property frontage to provide for infrastructure, such as: drainage, lighting, pathways, sidewalks, traffic control and monitoring equipment and systems, transit facilities, utility installations and utility systems etc. This easement may be required regardless of the inclusion of a shared-use path or any other features. The following note should be added to the plan: "A 15-foot permanent easement is hereby established for the State of Delaware as per this plat."
In areas where a proposed Shared-Use Path (SUP) and/or Sidewalk (SW) is designed to meander beyond the minimum right-of-way listed in Figure 3.2.5-a and outside of the 15-foot Frontage Easement required in Section 3.2.5.1.2, an additional permanent easement must be established to provide for the SUP/SW and any topographical changes that are directly related to the meandering of the SUP/SW. These easements will require additional metes and bounds and other documentation to clarify the exact location and extents of these permanent easements. The following note should be added to the plan: "A permanent easement containing X square feet is hereby established for the State of Delaware as per this plat."
Drainage easements are required for all drainage facilities which collect or convey roadway runoff, but are not located within a dedicated right-of-way. Drainage easements must be shown and labeled on the Plans, and must take into account the requirements of Sections 3.8 and 5.7.2.6 of this manual. These easements will require additional metes and bounds and other documentation to clarify the exact location and extents of these permanent easements. A note which includes the following language should be added to the plan: "A(n) X-foot wide permanent easement containing X square feet is hereby established for the State of Delaware as per this plat, for emergency access to drainage facilities conveying runoff from State maintained roads and/or rights-of-way. The portions of the drainage easement and system that are upstream or offsite as well as sections that are not directly collecting and conveying the drainage runoff of the proposed State maintained roads and/or rights-of-way shall be the responsibility of the developer, property owners, or both. The State of Delaware assumes no responsibility for the future maintenance of any exempted portions of the storm drain system and/or drainage easements."
The applicant's engineer shall verify how the right-of-way was acquired for the road in order to determine which dedication note to use.
If the existing right-of-way for the State-maintained roadway was previously acquired as a permanent easement, then the additional right-of-way dedication will be from the centerline along with the following note:
"An X-foot wide strip of right-of-way from the centerline is hereby dedicated to the State of Delaware as per this plat."
If the existing right-of-way for the State-maintained roadway was previously acquired in fee, then the additional right-of-way dedication will be from the existing right-of-way line along with the following note:
"An additional X-feet of right-of-way is hereby dedicated to the State of Delaware as per this plat."
Per 17 Del.C.§ 530, DelDOT cannot require a dedication of land along a State-maintained roadway for a minor subdivision plan that meet the requirements set forth in 17 Del.C.§ 530, unless DelDOT can adequately demonstrate that additional right-of-way is necessary due to safety concerns caused by the proposed subdivision. The right-of-way that would normally be dedicated shall be reserved in accordance with Section 3.2.6.
Where DelDOT has established a need for future right-of-way beyond what is shown in Figure 3.2.5-a, the frontage adjacent to proposed subdivisions shall be reserved for future right-of-way, and the following note shall be added to the plan:
"An X-foot wide strip is hereby reserved for the State of Delaware as per this plat, for future right-of-way needs."
Setback requirements by the local zoning code are to be measured from the reserved right-of-way line.
Upon request, DelDOT shall consider a reduction in the required right-of-way for subdivision streets. DelDOT shall accept the maintenance of subdivision streets with reduced right-of-way as outlined in Chapter 6.
Reduced right-of-way can be applied to:
Figure 3.2.5-b Typical Section - Various Roadway Types (Not to Scale)
Figure 3.2.5-c Typical Section - Various Roadway Types (Not to Scale)
Figure 3.2.5-d Typical Section - Various Roadway Types (Not to Scale)
DelDOT shall only consider a reduced right-of-way if the following criteria are met:
2 Del. Admin. Code § 3.2
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) (Final)