2 Del. Admin. Code § 8.4

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

Section 8.4 - TEMPORARY / SEASONAL ENTRANCE

When a site is to be occupied for business purposes operating less than 180 days in any consecutive 12-month period, a temporary roadside/entrance permit may be issued in lieu of a permanent permit.

In order to secure a temporary permit, the following steps are to be performed as directed by DelDOT:

A. The applicant must show that sufficient off-street parking exists on the site as determined by local land use regulations.

B. The applicant must provide a plan listing/showing the following:

1. Road name

2. Street address

3. Tax parcel number

4. Parking area

5. Entrance material

6. Proposed channelization

7. Access point to the roadway

C. DelDOT will review the plan and the site conditions to assess the appropriate type of permit for the site with respect to the following:

1. Functional classification of the frontage road

2. AADT of the frontage road

3. Estimated traffic generated by the site

4. Proposed size of the operation - number of employees, square footage of sales/display area, frequency and size of delivery vehicles

5. Existing and proposed structures

6. Site access conditions - proposed and existing

7. Sight distance for exiting vehicles

8. Traffic studies or statistics

9. Entrance materials/paving

D. At DelDOT's direction, the applicant shall install channelization to delineate the entrance which may consist of the following: plastic drums, cones, prefabricated temporary curbing or other temporary means approved by DelDOT.

Based upon DelDOT's review of the above information, either a temporary entrance permit with conditions will be issued or a formal engineered plan will need to be submitted for full review.

The permit holder shall be responsible for maintenance of the entire entrance, the limits being defined on the temporary permit. The limits shall include the entrance up to the edge of the traveled way. The entrance, including the shoulder of the roadway, may be stone or dirt at DelDOT's discretion but are subject to be re-evaluated annually. Any ruts, potholes, etc. in the shoulder of the roadway in the vicinity of the entrance shall be the responsibility of the permit holder to repair. If stone or dirt is used for the entrance, the permit holder shall be responsible for cleaning the roadway of any materials that are tracked onto adjacent paving by exiting vehicles. The roadway and shoulder should be cleaned at least once per week, or more depending upon weather and traffic conditions. Failure to maintain the entrance area as defined shall cause DelDOT to revoke the permit and the entrance shall be closed. A permit shall not be issued to any individual, partnership, corporation, or other entity until all previous obligations created with DelDOT are fully satisfied.

DelDOT reserves the right to review the entrance materials, site access and traffic operations of sites using a temporary permit and require additional improvements if there are observed operational or safety concerns.

2 Del. Admin. Code § 8.4

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)