2 Del. Admin. Code § 6.4

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

Section 6.4 - COMMERCIAL ENTRANCES

6.4.1Commercial Entrances - Application Process

This section outlines the application process for the construction of commercial entrances. Prior to issuance of a permit for entrance construction the following documents must be submitted to the Public Works Engineer for review and approval:

A. An application for commercial entrance permit (for more information go to http://devcoord.deldot.gov > Forms)

B. Proof of ownership from the local land use agency (this must be an official document or on letterhead from the local land use agency) or an affidavit indicating property owner's name and Tax Map I.D. Number

C. If the applicant is not the current property owner, the power of attorney form must be completed and included in the application (See online content housed at http://devcoord.deldot.gov/ for a sample power of attorney form). The Power of Attorney form is not used to issue the permit to someone other than the property owner. Its purpose is to allow someone else to sign for the permit. The permit holder is still the property owner.

D. A copy of the recorded record plan, which is consistent with the DelDOT "No Objection to Recordation" stamped plan and all appropriate signatures, seals, plot book and page number

E. Two paper sets along with an electronic copy in PDF format of construction drawings that have been approved by DelDOT's Subdivision Engineer

F. The itemized construction cost estimate (See Figure 6.3-a for a sample cost estimate.)

G. A security in the amount of 150% of the approved construction cost estimate. A security will not be required for federal, state, and local government projects. The following forms of security shall be acceptable:

1. Surety Bond issued by a bonding company licensed in Delaware

2. Commercial Letter of Credit issued by a lending institution licensed in Delaware

3. Certified check with escrow agreement. This requires completion of a Federal W-9 form and a Delaware State Substitute W-9 form available online at http://accounting.delaware.gov/w9_notice.shtml

The approved security forms are provided online at http://devcoord.deldot.gov/ > Forms.

H. Approval letter from DNREC or the DNREC approved delegated agency

I. An executed construction agreement for projects requiring 3^rd party inspection

J. A copy of the construction schedule

K. A copy of the material sources. A sample form is available on DelDOT's Doing Business website at http://devcoord.deldot.gov/ > Forms.

6.4.2Commercial Entrances - Notice to Proceed (NTP)

After review and approval of the documentation and security, the Public Works Engineer will evaluate the following items prior to issuance of a permit for entrance construction. The permit shall serve as the NTP:

Preconstruction Meeting - The Public Works Engineer will determine if a preconstruction meeting is needed prior to issuance of the NTP. The preconstruction meeting shall be scheduled by the Public Works Engineer or designee and attended by appropriate representatives of DelDOT, the developer, design engineer, contractor, utility firms and such other agencies as may be deemed appropriate. Items to be discussed at this meeting may include, but are not limited to, the following:

A. Contractor and subcontractor

B. Source of supplies

C. Maintenance of traffic

D. Removal of unsuitable materials

E. Construction access

F. Construction Inspection Coordination

G. Utility coordination

H. Material testing

I. Construction schedule

J. Contributions (if applicable) to Signal Improvements, Traffic Signal Revolving Fund, and/or Bicycle and Pedestrian Improvement Fund

K. Executed Letter Agreements (if applicable)

L. Attestation by relevant agencies that all required permits have been obtained

M. Coordination of proposed work with regard to the record plans and construction plans as necessary Once the Public Works Engineer is satisfied with the items listed above, the permit for entrance construction will be issued.

6.4.2.1Temporary Entrance Permits

The developer may request from the Public Works Engineer a temporary entrance permit, to perform clearing and grading activities and installation of utilities, at its own risk for a period of thirty calendar days, prior to final approval of construction plans by the DelDOT Subdivision Engineer. Only the work that is directly part of the temporary entrance permit may be performed within the State-maintained right-of-way, and no construction materials (such as graded aggregate base course, asphalt or drainage pipe) can be placed until after the NTP is issued by the Public Works Engineer. If final plan approval is not received within thirty calendar days of the issuance of the temporary entrance permit, all construction activities shall be stopped and the temporary entrance permit shall be withdrawn.

No foundation work or building construction is permitted under a temporary entrance permit. The temporary entrance permit is not to be used to obtain a County or Municipal building permit.

Once the DelDOT Subdivision Engineer approves the construction drawings, two complete sets of approved construction drawings shall be forwarded to the Public Works Engineer. The drawings must have the approval stamp of the DelDOT Subdivision Engineer.

Upon receipt of approved construction drawings and following a review of the items required in Section 6.4.1, the Public Works Engineer will evaluate the items specified in Section 6.4.2 prior to the issuance of a permit for entrance construction. The permit will serve as the notice to proceed, allowing the developer to proceed with permanent construction activities.

6.4.3Commercial Entrances - Inspection and Acceptance

Projects are divided into two levels based on their size and impact on the abutting State-maintained roadway. This categorization helps DelDOT identify the level of involvement necessary for each project, and what division will manage the construction of the project. Figure 6.4.3-a summarizes the two levels of construction inspection.

DelDOT reserves the right to inspect and approve any construction associated with the proposed entrance in accordance with Section 6.8 and the inspection procedures in DelDOT's Construction Manual.

DelDOT also reserves the right to make such changes, additions, and relocations to the approved entrance plans that may be considered necessary to ensure compliance with this Development Coordination Manual along with applicable guidelines and standards, such as those listed in Section P.9.1 of this manual, which include but are not limited to: Manuals, Guidelines and Policies published by the American Association of State Highway and Transportation Officials (AASHTO); DelDOT's Road Design Manual (RDM); DelDOT's Bridge Design Manual; DelDOT's Design Guidance Memorandums (DGM); DE MUTCD; other Nationally Accepted Standards (NAS) and ensure the safety of the traveling public. Non-compliant structures and roadside obstructions including brick mailboxes shall be removed at DelDOT's direction prior to final acceptance.

The Developer shall request a semi-final inspection when all work is complete. Once the semi-final inspection is completed and accepted, an accessibility inspection shall be scheduled. Once the accessibility inspection punch list items are completed and accepted a final inspection may be requested. The Public Works Engineer or the Construction Group Engineer may then schedule a final inspection which shall be conducted by DelDOT. DelDOT personnel, accompanied by the developer and/or his/her contractor, and representatives of the appropriate County and/or municipal officials, shall inspect the site and determine those items of work, if any, that must be completed, repaired or replaced.

In the event of failure to perform the intended construction in accordance with the terms of the commercial entrance permit as determined by DelDOT, the developer shall receive written notice and have fourteen calendar days to provide DelDOT with an approved schedule for completion. If a schedule for completion has not been received within the specified time period, the developer shall receive a second written notice and have an additional seven calendar days to meet in person with DelDOT and present an approved schedule for completion.

Should the developer fail to provide a satisfactory construction schedule or fail to comply with the approved completion schedule, DelDOT shall withdraw its permit and shall have the right to collect the construction security to correct the condition. All costs incurred in the removal and/or correction of defective workmanship and/or materials over and above the construction security shall be borne by the applicant.

Figure 6.4.3-a Construction Inspection Responsibilities

	Criteria
Level	Existing Roadway AADT	Total Site ADT	Traffic Impact	Inspection
Level I 2	Kent/Sussex <= 4,000 New Castle <= 10,000	<= 2,000	Construction is not complex and has low impact to the traveling public	DelDOT will provide inspection for Level I projects through the Public Works Section in accordance with the construction agreement and DelDOT's Construction Manual.
Level II	Kent/Sussex > 4,000 New Castle >10,000	> 2,000	Construction is complex or has significant impact to the traveling public	The applicant will be required to enter into a construction inspection agreement with an inspection firm currently under contract with DelDOT. The applicant will reimburse DelDOT for all inspection costs. DelDOT will coordinate management of the inspection.

Notes:

1. All work shall be in accordance with the construction agreement and DelDOT's Construction Manual.

2. Any work which exceeds the thresholds of 2 of the 3 above criteria for Level I review shall require a Level II inspection.

3. Traffic impact and complexity may include but not be limited to: night work, detours, road closures, work impacting major intersections, projects with complex construction phasing, roadway realignment and total reconstruction.

4. Any structure classified as a bridge shall require a Level II inspection.

6.4.4Commercial Entrances - Maintenance

After the entrance has been constructed to the satisfaction of DelDOT and the commercial entrance permit has been issued, the property owner shall be responsible for the repair of any deficiencies within the entrance for a period of one year. A deficiency is generally defined as an item that does not meet DelDOT's specifications or the approved plans. Deficiencies identified by DelDOT shall be repaired in accordance with DelDOT's Construction Manual. If repairs are not initiated within three months of notification, then DelDOT shall void the commercial entrance permit and access to the property shall be denied.

After a one year warranty period, DelDOT shall assume responsibility for future maintenance of the entrance within the shoulder area and any necessary cleaning or replacing of drainage pipe, and guardrail repair within the right-of-way. Entrance appurtenances beyond the edge of shoulder are the responsibility of the property owner for maintenance. This includes any traffic control signs (i.e., Stop or Yield) that may need future maintenance. Should the applicant, heirs, or assigns desire to alter or reconstruct any portion of the entrances or appurtenances, application for a new permit must be submitted to DelDOT for approval.

Upon acceptance of the improvements within the right of way into the State maintenance system, while retaining all controls over the dedicated right-of-way or easements, DelDOT assumes no responsibility for:

A. The paved portion of the entrance.

B Entrance curbing and gutters.

C Maintenance of grass and plantings in any portion of the right-of-way, including landscaped islands and medians.

D Closed drainage systems, including inlets and pipes, outside of the right of way, that do not convey roadway runoff.

E Open drainage systems not within the right of way, or not adjacent and parallel to the right of way, regardless of whether the system conveys roadway runoff.

F Removal of silt and debris that have a minimal impact on the drainage system in open swales, gutters and inlet openings.

G Removal and/or maintenance of improvements, such as landscaping, underground sprinklers, etc.

H. Maintenance of sidewalks, lighting, and entrance amenities

I. Guardrails outside of the right of way.

J Physical removal of snow and ice.

K All signs, including signs shown on the approved plans. The owner or maintenance corporation shall be responsible for maintenance of all signs installed as part of the project.

2 Del. Admin. Code § 6.4

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. 73 (7/1/2015)
19 DE Reg. 938 (4/1/2016) (Final)