2 Del. Admin. Code § 6.5

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

Section 6.5 - SUBDIVISION STREETS

6.5.1Subdivision Streets - Application Process

This section outlines the application process for the construction of new subdivision streets dedicated for public use and intended for acceptance into State maintenance. Prior to issuance of a NTP the following documents must be submitted to the Public Works Engineer for review and approval:

A. A copy of the recorded record plan, stamped with DelDOT's "No Objection" and stamped or signed indicating final approval from the local land use agency.

B Two sets of construction drawings that have been approved by DelDOT's Subdivision Engineer.

C For phased subdivisions, two copies of the signed and sealed title sheet, listing the streets to be constructed in a particular phase. Subsequent phases will follow the same process.

D 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.

E A security using the security determination chart in the construction agreement for subdivision streets (seehttp://devcoord.deldot.gov > Forms). Also, a security in the amount of 150% of the estimated cost to construct all entrances that abut local and higher order roads. A security will not be required for federal, state, and local government projects. The approved security forms for subdivision streets are provided at http://devcoord.deldot.gov > Forms. Entrances to subdivisions with non-State-maintained streets use the same forms that are used for commercial entrances 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.

F. Completed construction agreement for subdivision streets which are to be a minimum of 1000 ft. in length per street within an agreement or as approved (see http://devcoord.deldot.gov > Forms).

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

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

I. A copy of the construction schedule

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

6.5.2Subdivision Streets - Notice to Proceed (NTP)

After review and approval of the construction agreement and security, the Public Works Engineer will address the following items prior to issuance of 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, the 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. Street construction phasing

D. Maintenance of traffic

E. Removal of unsuitable materials

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

N. Pavement placement guidelines and restrictions per Section 3.6.1 for the first lift and final wearing course of asphalt pavement on subdivision streets

Following approval of the required submissions and a successful preconstruction meeting, the Public Works Engineer shall issue the NTP, allowing the developer to proceed with construction on bonded streets.

Construction of the entrance to the subdivision shall be complete (excluding the top paving course) prior to the 1^st certificate of occupancy. Once construction has started on the roadway it must remain active until completed up to but not including the final lift of asphalt. The entrance may be required to be built sooner at the discretion of the Public Works Engineer.

6.5.2.1Temporary Construction Permits

If a project is nearing approval as determined by DelDOT, then the developer may request from the Public Works Engineer a temporary entrance permit, to perform specific allowable construction activities such as clearing and grading at its own risk prior to final approval of subdivision construction plans by the DelDOT Subdivision Engineer. Only the work that is directly part of the 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 construction plans of the subdivision drawings are stamped "APPROVED" by the DelDOT Subdivision Engineer. Unapproved work activities performed may result in DelDOT closing or removing the temporary construction entrance. If final approval is not received within the timeframe specified in the temporary entrance permit, then all construction activities shall be stopped and the permit shall be withdrawn.

Once the DelDOT Subdivision Engineer approves the subdivision 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 review of items required in Section 6.5.1, the Public Works Engineer will evaluate the items specified in Section 6.5.2 prior to issuance of a final "Notice to Proceed" letter, allowing the developer to proceed with permanent street construction within the subdivision.

6.5.3Subdivision Streets - 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 with each project, and what division will manage the construction of the project. Figure 6.4.3-a summarizes the two levels of construction inspection to be used for subdivision entrances and/or bridges within subdivisions.

DelDOT reserves the right to inspect and approve any construction associated with the proposed subdivision in accordance to Section 6.9 and the inspection procedures outlined in the DelDOT Construction Manual. Additional inspection will be required for all proposed bridges within subdivisions.

DelDOT also reserves the right to make such changes, additions, and relocations to the approved 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 either completed, repaired or replaced.

A. As-built construction plans - The as-built construction plans shall be a print of the approved construction plan annotated in red to show all revisions. The developer's engineer shall prepare this plan and submit it to the Public Works Engineer or his/her designee prior to the issuance of the letter recommending acceptance. In addition, the developer's engineer shall also submit an electronic plan version of the as-built construction plans for the entire subdivision to the Public Works Engineer or designee. The as-built plans shall show in red ink any alterations made in foundations; locations, lengths and elevations of pipe culverts; side ditches, ditch paving, and other drainage items added or altered; final checked stationing; and all other significant variations from the original plans. As-built plans will be required as part of the final acceptance. See Chapter 4 for electronic plan submission requirements.

B. A letter from the local land use agency stating that all work required by the land use agency is complete

C. A letter from DNREC or the DNREC-approved delegated agency stating that all work required by the agency is complete (if applicable)

D. A letter from the maintenance association providing contact information

E. A letter to DelDOT from the developer releasing DelDOT from any claims as a result of any unpaid bills or obligations. An affidavit releasing DelDOT is to be fully executed and furnished to the Public Works Engineer prior to the issuance of the letter recommending acceptance. See the online content housed at http://devcoord.deldot.gov/ for a sample affidavit.

Once DelDOT is satisfied with the construction, the inspector shall recommend final acceptance and the release of the security by the Public Works Engineer. The local land use agency shall be notified prior to final acceptance.

In the event of failure to perform the intended construction in accordance with the terms of the construction agreement 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 have the right to collect the construction security to correct the condition as per the construction agreement. 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.

Withdrawal of subdivision street construction approval for failure to complete the intended construction in accordance with the terms of the construction agreement as determined by DelDOT shall be cause to increase the required construction security to 100% of the itemized cost estimate on future subdivision street construction projects proposed by the defaulting applicant.

Following completion of street construction and submission of required documentation to the satisfaction of the Public Works Engineer, the Public Works Engineer will recommend acceptance of the streets and shall prepare an "Acceptance Drawing and an Acceptance Statement" for signatures. Once accepted into the State maintenance system, the Developer shall be responsible for any failure of shared-use paths, sidewalks, pavement or drainage for three years from the date of acceptance, as noted in the Construction Agreement found at http://devcoord.deldot.gov/, and as described in Section 6.5.4. If the developer fails to correct three year good faith punch list items, this shall also be cause to increase the required construction security to 100% of the itemized cost estimate on future subdivision street construction projects. Once the three year good faith punch list items have been corrected, standard security rates will be reinstated on future subdivision street construction projects.

Upon acceptance of the streets into the State maintenance system, an entrance permit shall be required for each new entrance to the street as outlined in Chapter 7. The applicant shall be responsible for damage to the curb, gutter, shoulders, and drainage affected by any entrance construction.

In subdivisions where residential streets and cul-de-sacs have been completed and the collector street serving them is complete except for the final lift of asphalt pavement, the developer shall submit the completed residential streets and cul-de-sacs for acceptance. Additionally, the developer shall provide:

A. One-hundred percent security for the cost to complete the collector street.

B A letter to the District Office requesting acceptance of the submitted streets

6.5.3.1Road Number Assignment

The Planning Section shall assign maintenance road numbers to the subdivision streets following acceptance by DelDOT.

6.5.4Subdivision Streets - Maintenance

A. Prior to the acceptance of the streets into the State maintenance system, the developer agrees to be responsible to maintain the following items:

1. The paved portion of the roadway, including wedge material around structures and at curb ramps where streets have not received the final course of pavement

2. Curbing and gutters

3. Closed drainage system including inlets and pipes that convey roadway runoff

4. Open ditch systems, including entrance pipes, located within the right-of-way and easements that convey roadway runoff

5. Guardrails

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

7. Removal of silt and debris in open swales, gutters and inlet openings

8. Any necessary removal of improvements by residents, such as landscaping, non-conforming mailboxes, underground sprinklers, signs, etc. not shown on the plans

9. Maintenance of sidewalks (including removal of snow and ice), lighting, and entrance amenities.

10. Removal of snow and ice having a measurable snow accumulation on pavement of 4 inches or more. Measurement of snow accumulation should follow the snow removal reimbursement program guidelines.

11. Signs, including all standard roadway signage

B. Upon acceptance of the streets into the State maintenance system, DelDOT agrees to maintain the following elements within the dedicated right-of-way or easements:

1. The paved portion of the roadway

2. Curbing and gutters

3. Closed drainage system including inlets and pipes that convey roadway runoff

4. Open ditch systems adjacent to and parallel to the roadway, including entrance pipes, located within the right-of-way and easements that convey roadway runoff

5. Guardrails

C. While retaining all controls over the dedicated right-of-way, DelDOT assumes no responsibility for:

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

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

3. Open drainage systems not within the right of way or easements, regardless of whether the system conveys roadway runoff

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

5. Removal and/or maintenance of improvements by residents, such as landscaping, underground sprinklers, etc.

6. Maintenance of sidewalks, lighting, and entrance amenities

7. Physical removal of snow and ice, however DelDOT offers reimbursement of snow removal expenses through the "Snow Reimbursement Program"

8. Signs, including all standard roadway signage

9. Stormwater management ponds or BMPs, including the outlet structure and discharge pipe

Alleys should be used within the subdivision street layout in accordance with appropriate subdivision design principles and the requirements of local land use ordinances. While DelDOT encourages the appropriate use of alleys in subdivision street layout, DelDOT shall not accept any maintenance responsibilities for alleys in the public right-of-way.

2 Del. Admin. Code § 6.5

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)