2 Del. Admin. Code § 3.4

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

Section 3.4 - COMMERCIAL OR MAJOR RESIDENTIAL SUBDIVISIONS

If a property owner / developer is seeking to subdivide their property into six or more residential lots or constructing internal subdivision streets or developing a commercial site through the local land use agency process, they must coordinate access with DelDOT. A residential subdivision of 6 or more lots will require construction of internal streets. The developer shall submit the required information to DelDOT for review and approval prior to DelDOT issuing its letter of "No Objection to Recordation" to the local land use agency.

The Plan shall be in the format required by the local land use agency supplemented with DelDOT's requirements as outlined in this chapter. DelDOT shall require recordation of the Plan regardless of the local land use agency recordation requirement. These elements shall be addressed prior to DelDOT issuing its letter of "No Objection to Recordation".

3.4.1Commercial or Major Residential Subdivisions - Record Plan Application Process

Prior to submitting the Record Plan for review, a pre-submittal meeting with DelDOT is required for projects generating 200 or more site ADT. If a DelDOT LONOR is more than 5 years old, a new pre-submittal meeting and application process is required. For any project: additional pre-submittal meetings should be held prior to a submittal for DelDOT review (unless directed otherwise by DelDOT): if the last pre-submittal meeting or plan submittal to DelDOT for the project is more than one (1) year old, or if the project's scope has changed (including site changes, changes to local roadways or planned local transportation improvements). See DelDOT's Meeting Request Form which is available online for meeting request requirements (for more information go to http://devcoord.deldot.gov > Forms).

The Record Plan shall be submitted through DelDOT's online submission portal. The submittal shall contain all information on the Critical Items list and the plan will follow the requirements of Section 3.4.2. For Commercial Projects, a Record Plan - Right of Way, Easement and Dedication - (RED) may be submitted. The Record Plan - RED and a separate Site Plan may be submitted, in lieu of a Record Plan submittal. Together the Record Plan - RED and the Site Plan will meet the requirements for a Record Plan submission. Refer to http://www.deldot.gov/information/business/ under Development Coordination for a plan review schedule. The applicant shall make revisions or additions to the design upon receipt of comments from DelDOT and resubmit to the Development Coordination Section. Once all comments have been addressed, submit signed and sealed plans for approval. DelDOT will issue a letter of "No Objection to Recordation" to the local land use agency.

DelDOT's District office shall require a copy of the above-mentioned recorded Record Plan showing all appropriate signatures, seals and plot book and page, which is consistent with the DelDOT "No Objection to Recordation" stamped plan, prior to issuing the entrance permit.

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.

3.4.2Commercial Or Major Residential Subdivisions - Record Plan Submittal Requirements

A. The Record Plan shall be prepared in accordance with the local land use agency's requirements. The following elements are supplemental information required by DelDOT to be addressed and/or included with the Record Plan submittal:

1. Completed Record Plan checklist (for more information go to http://devcoord.deldot.gov > Checklists) Failure to submit required documents will result in delays reviewing and approving submittals.

2. Completed design criteria form for 3 digit state maintained roads (for more information go to http://devcoord.deldot.gov > Forms).

3. Completed design deviation form and supporting documentation, if applicable

4. Completed checklist for subdivision record plan approval (for more information go to http://devcoord.deldot.gov > Checklists)

5. Initial stage fee calculation forms (for more information go to http://devcoord.deldot.gov > Forms)

6. Preliminary entrance plan - Plan shall include but not be limited to the following items (see Chapter 4 for complete list of requirements):

i. Traffic generation diagram, including the design vehicle for the site (for more information, see Figure 3.4.2-a and DelDOT's Traffic Generation Example which is available online at http://devcoord.deldot.gov > Guidance)

ii. Adjacent entrances

iii. Functional classification of adjacent roadway

iv. Layout of required auxiliary lanes and bike and pedestrian facilities with supporting documentation and a completed auxiliary lane worksheet. Auxiliary lane worksheet and typical entrance diagrams are available on DelDOT's website at: http://devcoord.deldot.gov > Forms.

v. Sight distance triangles with supporting calculations and Intersection Sight Distance (ISD) spreadsheet found on DelDOT's website at: http://devcoord.deldot.gov > Checklists.

vi. Transit facilities and bus pull offs including existing facilities along with improved or proposed facilities, if recommended by the local land use authority.

7. Turning movement diagrams for specified design vehicle (a separate plan sheet or exhibit is acceptable)

8. To facilitate review of the plans, the new entrance(s) shall be staked in the field in order to determine the feasibility of the design based on the following procedures:

i. Place two wooden stakes at the entrance. The stakes shall be visible 24 inches to 36 inches above the ground. The stakes shall be placed 24 feet apart, and as close to the roadside property line as possible, while being clearly visible from the road. The stakes shall not be set closer than five feet from the edge of pavement.

ii. Tie ribbons or apply yellow paint to the top of stakes to make them clearly visible.

iii. Write the property owner's last name on each stake.

B. For Commercial plans only, you have the option of submitting a Record Plan - RED and a Site Plan instead of a Record Plan. The following elements are required by DelDOT to be addresses and/or included with the Record Plan - RED and Site Plan submittal:

1. Completed Record Plan - RED checklist (for more information go to http://devcoord.deldot.gov > Checklists) Failure to submit required documents will result in delays reviewing and approving submittals.

2. Completed design criteria form (for more information go to http://devcoord.deldot.gov > Forms)

3. Completed design deviation form and supporting documentation, if applicable

4. Initial stage fee calculation forms (for more information go to http://devcoord.deldot.gov > Forms)

5. Preliminary entrance plan - Plan shall include but not be limited to the following items (see Chapter 4 for complete list of requirements):

ii. Adjacent entrances

iii. Functional classification of adjacent roadway

v. Sight distance triangles with supporting calculations and Intersection Sight Distance (ISD) spreadsheet found on DelDOT's website at: http://devcoord.deldot.gov > Checklists.

vi. Transit facilities and bus pull offs including existing facilities along with improved or proposed facilities, if recommended by the local land use authority.

6. To facilitate review of the plans, the new entrance(s) shall be staked in the field in order to determine the feasibility of the design based on the following procedures:

ii. Tie ribbons or apply yellow paint to the top of stakes to make them clearly visible.

iii. Write the property owner's last name on each stake.

3.4.2.1Commercial Or Major Residential Subdivisions - Record Plan Content

The following items are required by DelDOT to be included on the Record Plan:

A. A title block containing:

1. Name of proposed development

2. Name of town/hundred and county

3. Maintenance number of highway being accessed

4. Graphic Scale (1" = 30' preferred, 1" = 20' acceptable)

5. Date

6. Name, address, and telephone number of owner and engineer or surveyor preparing plan

7. Seal of engineer or surveyor (Delaware License required)

8. Owner's signature (for final approval)

B. A data block containing:

1. Gross acreage of property

2. Zoning

3. Present use

4. Proposed use

5. Sewer provider

6. Water provider

7. Tax Parcel Number

8. Total number of lots, existing and proposed

9. Posted speed limit on frontage road(s)

10. Proximity to identified Transportation Improvement Districts (TID)

11. Investment Level Area as defined by the State Strategies for Policies and Spending maps (for major or commercial subdivisions only). Maps are available at: http://deldot.gov/Programs/gate/index

C. Existing Features

All Record Plans for commercial or residential subdivision access onto a State-maintained roadway must be at scale and clearly show the location of the following items according to Figures 3.4.2-b, 3.4.2-c and 3.4.2-d:

1. Existing entrances showing dimensions, location and spacing of any entrances. This applies to each side of the entrance and shall include entrances on both sides of the road. If there are no entrances within the required distance, then show the distance to the nearest entrance. The type of use served by each entrance shall be noted as well as any restrictions in movements.

2. Identification of the existing and proposed land uses adjacent to and opposite the site

3. Existing rights-of-ways, easements or reservations

4. Buildings and other structures may need to be shown and labeled, as determined by DelDOT based upon field conditions

D. Proposed Features:

1. Proposed land uses

2. Proposed entrance locations

3. Label any necessary right-of-way or easement dedication or reservation

4. New street names (if applicable)

5. New street right-of-way widths (if applicable)

6. Future interconnection note (if applicable)

7. Dimensions of relevant physical features

8. Existing and proposed cross-access easements (if applicable)

E. Notes:

1. Note outlining the date a traffic impact study was completed and requirements submitted to the local land use agency (if applicable)

2. Note outlining any transportation improvements required

3. Note specifying the maintenance of proposed subdivision streets (if applicable, see http://devcoord.deldot.gov > Quick Links > DelDOT Notes)

4. General notes (http://devcoord.deldot.gov > Quick Links > DelDOT Notes)

F. Traffic Information:

1. Traffic generation (from ITE Traffic Generation Manual) and distribution for the site

2. Truck percentage for the site

3. Existing and buildout volumes for the site (daily and peak hour) (DelDOT will provide projected volumes upon request)

4. Existing and projected (10-year) directional distribution volumes for the adjacent roadway (DelDOT will provide projected volumes upon request)

5. Posted speed limit

6. Design vehicle - Applicant will be required to coordinate with owner/developer to determine correct design vehicle for site usage.

If a commercial project is choosing to utilize the Record Plan -RED process, the following items are required on the Record Plan - Red: Items 3.4.2.1 A, B(1, 2, 3, 5-11), C, E.

The following items are required on the Site Plan submitted as part of the Record Plan - RED process: Items 3.4.2.1 A, B, D, E, F.

Figure 3.4.2-a Traffic Generation Diagram

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Figure 3.4.2-b Requirements for Adjacent Existing Features on Record Plans

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*Distances measured from site access or a minimum of 200 feet beyond a site's property lines whichever is greater. Drawing shall be to scale.

Figure 3.4.2-c Requirements for Adjacent Existing Features on Record Plan - Direct Frontage

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Figure 3.4.2-d Requirements for Adjacent Existing Features on Record Plan - Limited Frontage

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3.4.3Commercial or Major Residential Subdivisions - Site Entrance

Intersections of subdivision streets with state-maintained roadways are to be designed in accordance with this Development Coordination Manual. The location and design of entrances and exits onto state-maintained roads are governed by the criteria established in Chapter 1 and the detailed design elements listed in Chapter 5. Considerations must be given to the location of the entrance to ensure applicable guidelines listed in Section 5.2 are addressed.

2 Del. Admin. Code § 3.4

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) (Final)