2 Del. Admin. Code § 8.10

Current through Register Vol. 28, No. 5, November 1, 2024

Section 8.10 - ABANDONMENT/VACATION AND/OR CLOSURE OF AN EXISTING ROAD

This section provides the guidelines for determining the merits of considering a request for the abandonment/vacation and/or closure of an existing road or an interconnection.

When considering any request for abandonment/vacation and/or closure, an Operational Analysis as outlined in Chapter 2 of this Development Coordination Manual, shall be performed by the Applicant and made available to the local land use agency and DelDOT for review.

The following additional criteria shall be considered:

A. Safety, in terms of pedestrian, bicycle, motor vehicle and property owners

B. Traffic volumes on the road in question would exceed the capacity of the roadway and the road cannot be reasonably modified to handle the increased volume of traffic

C. How the closure/abandonment/vacation will affect access to the area via emergency vehicles, school buses, local service providers

D. Whether the closure/abandonment/vacation is for the benefit of the health, safety and welfare of the public

E. Effect of the closure/abandonment/vacation upon the local street and pedestrian network

F. The Local Area Plan has been amended by the local jurisdiction through a public process to allow the closure, if applicable

G. Effect of the closure/abandonment/vacation upon the provision of transit, including paratransit,

H. How the closure/vacation/abandonment will affect pedestrian and vehicular connectivity if it is rejected and if it is approved

I. How the proposal will affect access to, provision of, and maintenance on public utility systems such as drinking water, stormwater, sewer, electric and gas

2 Del. Admin. Code § 8.10

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)