2 Del. Admin. Code § 7.2

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 7.2 - RESIDENTIAL ACCESS TO LOCAL ROADS AND HIGHER

Property owners of single residential lots requesting to gain access to a local road or a higher classification road according to Functional Classifications as defined in section 1.4 through 1.7, shall adhere to the following criteria detailed in this section.

7.2.1Residential Access to Local Roads and Higher - Permit Application Process

The following documentation must be provided when applying for a residential entrance permit for access to a State-maintained road:

A. Any individual desiring to construct a new entrance, use an existing entrance or modify a previously permitted entrance to serve a new residence shall make written application to DelDOT in the District in which the construction is to take place before beginning any construction or improvements on the property. The Permit Application form is available online (for more information go to http://devcoord.deldot.gov > Forms). A permit shall be obtained from DelDOT for any modification to the roadway, curb, sidewalk, or drainage ditches within the right-of-way.
B. The applicant shall include a plan, such as a Lines and Grades Plan, for the single residential lot. The plan shall fully comply with the local land use agency's most recent recorded plan (if any) for the site. The plan shall include sufficient detail including:
1. House location (if available)
2. Driveway location
3. Property lines
4. Tax Parcel Number
C. The applicant shall include with the application proof of ownership from the local land use agency in the form of an official document on letterhead.
D. If the applicant is not the current property owner, a power of attorney form must be attached with the application. See the online content housed at http://devcoord.deldot.gov for a sample power of attorney form.
E. The property owner must identify the proposed or existing entrance location. If the residential lot is part of a minor subdivision, a copy of the recorded minor subdivision plan must be included with the application form. If the entrance location has been identified on a recorded plan, the applicant shall stake it accordingly. Otherwise, the applicant shall stake the preferred entrance location. In either case, follow the procedure below:
1. Place two wooden stakes at the entrance. The stakes shall be visible 24 inches to 36 inches above the ground. The stakes shall be placed 24 feet apart, and as close to the roadside property line as possible, while being clearly visible from the road. The stakes shall not be set closer than five feet from the edge of pavement. If stakes are not placed, a permit will not be issued.
2. Tie ribbons or apply yellow paint to the top of stakes to make them clearly visible.
3. Write the property owner's last name on each stake.

Upon review and approval of the application and the actual driveway location, the Public Works Engineer shall issue an entrance permit for the construction of the residential entrance. The design requirements outlined in Section 7.2.3 must be met by the applicant.

7.2.2Residential Access to Local Roads and Higher - Construction Responsibilities

The property owner shall be responsible for all costs associated with driveway materials including furnishing drainage pipe and approved backfill materials. DelDOT will determine if any drainage pipe is necessary and notify the property owner with the size and type of pipe required to maintain positive drainage flow.

The property owner shall coordinate with DelDOT for the installation and inspection of the pipe placement, if a pipe is required.

Should the construction not be completed to the satisfaction of DelDOT, the Department may seek compliance as permitted by the Delaware Code including, but not limited to, the closing or removal of the entrance. All costs associated with obtaining compliance shall be assessed to the property owner.

7.2.3Residential Access to Local Roads and Higher - Design Requirements

The following design criteria apply to residential access on non-subdivision streets and are illustrated in Figure 7.2.3.3-a.

7.2.3.1Number of Access Points

Although DelDOT generally limits the number of access points for individual residential properties to one point of access, a second access point may be granted if the property frontage allows for the proper spacing as outlined in Figure 1.2.1-a.

If the proper access point spacing requirements cannot be met, DelDOT may grant a second point of access to individual residential lots in special circumstances on local or collector roads. These special circumstances may include:

A. Needs of a handicapped resident to facilitate home access.
B. No ability to provide a turn around.
C. Access to outbuildings or features that cannot be served by the original entrance.

A field visit should be performed by DelDOT to check sight distance and any potential operational or safety concerns. All costs associated with the additional access point will be borne by the applicant.

7.2.3.2Entrance Location

When a property has frontage on two roadways, whenever feasible and practicable, the driveway shall be located on the lower volume road. See Section 1.2 for more information on entrance policy and access spacing.

Entrance locations must take into account potential impacts on any existing or proposed stormwater management facilities, often referred to as Best Management Practices (BMPs), that may be located in or adjacent to the right-of-way. Confirmation is required prior to construction that the requested location does not impact an existing or proposed BMP as per DelDOT's NPDES Viewer inventory.

7.2.3.3Entrance Width

A single residential entrance shall have a width of ten to twelve feet. A combined residential entrance, serving two residential properties, shall have a width of 30 feet to 34 feet. Upon written request, DelDOT may consider entrance widths larger than those listed above to accommodate larger vehicles (See Figure 7.2.3.3-a).

Figure 7.2.3.3-a Residential Access Design Requirements

Click here to view

7.2.3.4Entrance Profile

Profiles of entrances shall be designed in accordance with this Development Coordination Manual and manuals, guidelines and policies published by the American Association of State Highway and Transportation Officials (AASHTO) or other Nationally Accepted Standard (NAS). Maximum grades shall not exceed 10% and maximum algebraic difference in grade shall not exceed 12% to prevent vehicles from 'bottoming out'. Vertical curve transition should be provided at the intersection of the driveway profile and the cross slope of roadway shoulder extended.

7.2.3.5Entrance Drainage

Pipes are manufactured in various sizes, shapes, and materials. Entrance pipes commonly used in Delaware include:

A. Reinforced concrete pipe (RCP) or elliptical (ERCP).
B. Metal Pipe (MP).
C. High Density Polyethylene (HDPE).

Metal Pipes (MP) shall not be used in corrosive environments, such as areas with water tables that are tidally influenced, or other areas where MP's have performed poorly. Use of MP must be approved by DelDOT prior to use.

Figure 7.2.3.5-a shows minimum cover depths for these pipes.

Figure 7.2.3.5-a Residential Entrance Pipes

Material

Cover Depth*

RCP Class

III

> 1 ft.

IV

6 in. - 1 ft.

V

< 6 in.

HDPE

1 ft.

MP

1 ft.

* From top of pipe to bottom of pavement The slope from the edge of driveway pavement to the top of the pipe shall be a maximum of 6:1.

7.2.3.5.1Frontage Ditch Enclosures

When a residential property owner intends to enclose a road frontage swale or roadside ditch that abuts the residential property, a DelDOT permit is required in advance of any construction activity. The following items shall be provided to DelDOT for review and approval in advance of any permit being issued:

A. Engineered plans (signed and sealed by Delaware licensed professional engineer) with lines and grades sufficient to establish existing and proposed drainage and ensure that neighboring properties are not flooded by re-grading. Detailed Hydraulic and Hydrology reports shall be included, confirming that enclosure will not impair the drainage performance of the roadside system below operational standards.
B. Safety and Maintenance of Traffic (MOT) submittals for all work and any materials within state Right-Of-Way
C. Land owner will bear the full costs of the enclosure including but not limited to: design, utility relocations, materials and labor
D. Confirmation that the requested enclosure does not impact an existing BMP as per DelDOT's NPDES Viewer inventory.
7.2.3.6Entrance Apron

Upon DelDOT's review and concurrence with the items listed above, the property owner can request a permit from the Public Works Office.

Aprons shall be placed on residential driveways to facilitate turning movements. Entrance apron geometry shall be designed in accordance with DelDOT's current Standard Construction Details.

The area of the driveway between the edge of pavement for the State-maintained roadway and the right-of-way should be paved, but may be stabilized with graded aggregate base course as approved by the Public Works Engineer.

7.2.3.7Pavement Section

Residential entrance pavement sections may be constructed using different types of materials upon approval. Figure 7.2.3.7-a specifies the minimum sections permitted for each material type.

Figure 7.2.3.7-a Residential Entrance Sections

Material

Minimum Section

Stone

6" GABC

Bituminous Concrete (Asphalt Pavement)

2" Type C over 8" GABC

Concrete Pavement

6" P.C.C. over 6" GABC

7.2.3.8Entrance Turnaround

Driveways shall be designed and constructed to provide storage for vehicles off the State-maintained roadway right-of-way and include a provision for vehicular turnaround to enable entrance to the State-maintained roadway in a forward direction.

7.2.3.9Sight Distance

Driveways shall be clear and free of obstruction. A driver shall have an unobstructed view of the adjacent roadway and the ability to view any approaching vehicles at the intersection with the roadway.

Design guidelines necessary to provide sufficient sight distance shall be in accordance with manuals, guidelines and policies published by the American Association of State Highway and Transportation Officials (AASHTO) and Section 5.4 of this Development Coordination Manual.

2 Del. Admin. Code § 7.2

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)