2 Del. Admin. Code § 6.8

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

Section 6.8 - CONSTRUCTION RESPONSIBILITIES

The following outlines the applicant's construction responsibilities:

A. The applicant shall furnish all materials and assume all costs of construction deemed necessary by the Public Works Engineer or the Construction Group Engineer in accordance with the approved plans, agreement and/or the permit.

B. All material and construction shall be in accordance with DelDOT's current Standard Specifications.

C. The entrance improvements for a commercial site must be complete and accepted prior to the issuance of the certificate of occupancy by the local land use agency.

Construction of the entrance (except for the final wearing course) to a subdivision shall be completed, per Section 6.5.2, 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. The entrance may be required to be built sooner at the discretion of the Public Works Engineer.

D. In the event that poles, lights, signs, traffic signals, or other appurtenances need to be moved per the approved plans, or per significant changes in field conditions as identified by the Public Works Engineer, the applicant shall pay all costs involved in the relocation. The applicant shall resolve with the affected utility any required utility relocation, the time of moving and the required reimbursement prior to the preconstruction meeting.

E. In the event that a mailbox needs to be relocated, DelDOT authorizes the developer to relocate the mailbox with prior notification to the property owner. The developer shall be responsible for any damage to the mailbox and, through coordination with the local postal service, shall be required to maintain the mail service at all times.

6.8.1Construction Responsibilities - Pavement Placement Guidelines

The first lift of asphalt pavement shall be placed no later than 18 months from the NTP or the beginning of the second winter after the NTP.

The final wearing course of asphalt pavement on subdivision streets shall not be placed until 75% of the houses contributing traffic to those streets have been completed or as directed by the Public Works Engineer.

Prior to placing the pavement sections, the subgrade shall be prepared and test-rolled as detailed in DelDOT's Standard Specifications. If the test rolling shows the subgrade to be unstable, the contractor shall scarify, disc, aerate or add moisture and re-compact the subgrade to the extent that when retested it shall be stable. If, in the opinion of the Public Works Engineer or the Construction Group Engineer, there are areas to be removed or undercut, they may be ordered excavated and replaced with approved material.

6.8.2Construction Responsibilities - Work Hour Restrictions

If DelDOT determines that extended work hours (e.g. night work) are required to construct the improvements associated with a project adjacent to residential properties, the Developer shall notify the local land use agency, local municipality and residents in a timely fashion of the proposed work and scheduled work hours. This notification, as approved by DelDOT, shall be provided to residents at least 2 weeks in advance of the anticipated start of work. Such notification shall include a description of the proposed work, the proposed use of any equipment that may cause noise, vibration or odor disruptions to the residents, and an estimate of the time required to complete the project. The developer must also request a noise ordinance waiver from the local land use agency and/or local municipality if required to do so as part of that local code.

If the proposed work associated with the project (regardless of scheduled time) may cause any vibration or other damage to neighboring property, the developer shall complete a pre-work survey, including video survey of basements and foundation s, of the potentially affected properties to determine the baseline condition of those properties. The developer shall monitor the properties during construction to ensure that any vibration or other damage is minimized. If any damage does occur, the developer is responsible to reimburse the property owners.

2 Del. Admin. Code § 6.8

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) (Final)