2 Del. Admin. Code § 3.3
If a property owner is seeking to subdivide its residential property into five or less lots through the local land use agency process and is not constructing any internal subdivision streets, the property owner must coordinate access with DelDOT. DelDOT has established requirements for access, drainage, and adequacy of adjacent roadway right-of-way. These elements must be addressed prior to DelDOT issuing its letter of "No Objection to Recordation" to the local land use agency.
Chapter 1 outlines the minimum standard for the spacing of residential drives and shall be used to determine entrance locations. If this spacing cannot be met for each individual lot, each pair of lots shall be required to have a single combined access.
An initial stage fee calculation form which is available online (for more information go to http://devcoord.deldot.gov > Forms) and fee payment is to be submitted through DelDOT's online submission portal.
A completed minor subdivision plan checklist which is available online (for more information go to http://devcoord.deldot.gov > Checklists) is to be submitted. The applicant shall make revisions or additions to the design upon receipt of comments from DelDOT. If revisions are required, the applicant shall revise the plans and resubmit to the Subdivision Section. Once all comments have been addressed, DelDOT will issue a letter of "No Objection to Recordation" to the local land use agency. When access provisions cannot be provided in accordance with DelDOT's requirements due to limitations particular to the site or where the applicant refuses to comply, the access application for the intended use may be denied.
The location and design of driveways and entrances shall meet the general geometric requirements of DelDOT and comply with Chapter 7. Lots and entrances shall be laid out with consideration for possible future connections to adjoining land. If the entrance location of the subdivided lot has not been determined at the time of the electronic plan submittal, then an acceptable driveway range should be shown on the plan as depicted in Figure 3.3.2-a. If a change in driveway location is proposed outside of the acceptable driveway range by the owner after the letter of "No Objection to Recordation" has been issued, then it must be approved by DelDOT. This process may result in delay of issuance of entrance permit. In addition, sight distance and drainage requirements shall conform to Sections 5.4 and 5.7 of this Development Coordination Manual.
Figure 3.3.2-a Acceptable Driveway Range
The plan for a minor residential development on a State-maintained roadway shall include the items as specified in Section 3.4.2.1 A., B., C. and D., as well as the following note:
"If the residual lands of the applicant are ever developed into a major subdivision, then the access to the minor subdivision parcels may be required to be from an internal subdivision street."
Entrances to private streets serving multiple residential lots should be paved, from the edge of the travel lane to the ROW line (at a minimum), with a driveway/throat width of 16 to 24 feet and should generally meet the geometric criteria shown in the agricultural entrance example for Collector Frontage Roads shown in Figure 8.5.2-a Agricultural Entrance Detail. The submittal process for review of the entrance to the private street will be coordinated and included with the Minor Plan Submittal Process as outlined in Section 3.3.1. The entrance location must be determined in accordance with DelDOT requirements and clearly shown on the electronic plan submittal. If a change in the location of the entrance to a private street is proposed by the landowner after the letter of "No Objection to Recordation" has been issued, then it must be approved by DelDOT. This process may result in delay of issuance of entrance permit. In addition, sight distance and drainage requirements shall conform to Sections 5.4 and 5.7 of this Development Coordination Manual. Entrances to private streets should be paved (unless directed otherwise by DelDOT), with bituminous concrete using the residential paving sections matching Figure 7.2.3.7-a, and shall be subject to permit conditions similar to those listed in Section 8.4.D for Temporary / Seasonal Entrances.
2 Del. Admin. Code § 3.3
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)