2 Del. Admin. Code § 6.7

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

Section 6.7 - OFF-SITE IMPROVEMENTS (PUBLIC ROAD CONSTRUCTION)

6.7.1Off-site Improvements - Application Process

During the land development process, DelDOT may determine the need for road improvements beyond the entrance to the site. These improvements shall be required as part of the entrance approval. The developer shall enter into an agreement with DelDOT outlining the implementation of the improvements. This may be for the actual design, construction, and inspection of the improvements, or monetary contribution for the actual construction of the improvements. This agreement shall be executed prior to entrance plan approval. See section 2308 of the Delaware Administrative Code ("2308 Development Related Improvements Requiring New Rights-of-way" at http://regulations.delaware.gov/AdminCode /title2/2000/2300/) for regulations regarding improvements requiring new rights-of-way.

If a proposed development triggers the need for improvement to the abutting State-maintained roadway beyond the entrance, the following documents shall be obtained and submitted prior to the start of construction.

A. Approved roadway construction drawings. Refer to DelDOT's publications and forms web page for the checklist for offsite plan development (www.DelDOT.gov).

B. Construction agreement for public roads (off-site improvements)

C. The itemized cost estimate. See Figure 6.3-a for a sample cost estimate

D. Prior to DelDOT issuing a NTP for the construction of the offsite improvements the developer shall provide DelDOT with a security in the amount of 100% of the estimated construction cost as approved by DelDOT. A security will not be required for state, federal 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.

6.7.2Off-site Improvements - Notice to Proceed (NTP)

The following requirements must be fulfilled before DelDOT issues a NTP for off-site improvements:

A. Approved construction plans and estimates

B. Executed construction agreement for public roads (off-site improvements)

C. Security for the proposed work

D. A preconstruction meeting shall be scheduled by the Public Works Engineer or Construction Group Engineer and attended by appropriate representatives of DelDOT, the developer, the developer's engineer and 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:

1. Contractor and subcontractor

2. Source of supplies

3. Street construction phasing

4. Maintenance of traffic

5. Removal of unsuitable materials

6. Utility coordination

7. Construction access

8. Copy of construction contract between the developer and his contractor if applicable

9. Materials testing

10. Construction inspection coordination

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

12. Coordination of proposed work with regard to the record plans and construction plans as necessary

Following approval of the required submissions and a successful preconstruction meeting, the Public Works Engineer or DelDOT's Construction Group Engineer shall issue the NTP.

6.7.3Off-site Improvements - Inspection and Acceptance

Off-site improvement 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 classification for off-site inspection and acceptance.

The following roles and responsibilities shall apply to Level II impacts:

A. As-Built Plans

The as-built construction plans shall be a print of the approved construction plan annotated in red to show all revisions. The inspecting engineering firm 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 inspecting engineer shall also submit an electronic plan version of the as-built construction plans for the off-site improvement 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 of the off-site improvements. See Chapter 4 for electronic plan submission requirements.

B. Acceptance

Following completion of roadway construction and submission of required documentation to the satisfaction of the Public Works Engineer, the Public Works Engineer will recommend acceptance of the roadways and the Subdivision Engineer shall accept the work. The developer will then be released of liability. The local land use agency shall be notified when the work has been accepted.

2 Del. Admin. Code § 6.7

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)