The following outlines the applicant's construction responsibilities:
Construction of the entrance (except for the final wearing course) to a subdivision shall be completed, per Section 6.5.2, prior to the 1st 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.
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.
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
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)