2 Del. Admin. Code § 8.7

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

Section 8.7 - CONVERSION OF PRIVATE STREETS TO PUBLIC STREETS

Private streets can be converted into public streets with or without being accepted into the State maintenance system.

8.7.1Conversion of Private Streets to Public Streets - Dedicating Streets to Public Use (State-Maintained)

The following criteria shall be met in order for a street to be accepted into the State maintenance system:

A. The subdivision where the street is located shall meet the definition of a suburban community as defined in the Definitions of this manual.

B. The homeowner's association or a majority of the property owners must submit a written request for a roadway investigation, in accordance with State guidelines, to the Public Works Engineer. The letter must give the State all necessary right of entry onto private property to perform the necessary investigations. A copy of the record plan shall accompany the letter.

Following the investigation, DelDOT will notify the homeowner's association or property owners of the required work necessary to bring the streets up to State standards.

C. The homeowner's association or property owners must have the current subdivision record plan rerecorded, dedicating the streets to public use.

The plan shall include the words "dedicated to the State of Delaware" within the street right-of-way and the following note:

Subdivision streets constructed within the limits of the right-of-way dedicated to the public use, shown on this plan, will not be maintained by the State of Delaware until such time that the existing streets are brought up to current State standards and accepted by the State. The State assumes no maintenance responsibilities within the dedicated street right-of-way until the streets have been accepted by the State.

D. The following note must be included concerning the drainage / utility easement:

The front and side ten feet of each lot hereon are reserved as easements for drainage and utilities unless otherwise noted.

E. A copy of the proposed record plan shall be submitted to the Subdivision Engineer, prior to recordation to ensure that all right-of-way and easements are correct. Once all comments have been addressed, DelDOT will issue a "No Objection to Recordation" letter to the local land use agency.

F. The homeowner's association or property owners must submit construction plans as outlined in Chapter 4 for the reconstruction or the rehabilitation of the existing subdivision streets as determined in item B above. Upon approval of the construction plans, the construction will be governed by Chapter 6 of this Development Coordination Manual.

G. Once DelDOT's Subdivision Engineer has received a copy of the recorded plan showing plot book and page of recordation, and a letter from DelDOT's Public Works Engineer stating all work has been completed to State requirements, the street will be accepted into the State maintenance system.

8.7.2Conversion of Private Streets to Public Streets - Dedicating Streets to Public Use (Not State-Maintained)

The following is the process for dedicating private streets that are not State-maintained to public use.

The homeowner's association or property owners must have the streets dedicated to public use by: re-recording the record plan, executing a Dedication Agreement, or other acceptable method of dedication. Once the roads have been dedicated to public use, they are eligible for improvements funded by the Community Transportation Program, at the request of local legislators. The plan shall include the words "Dedicated To Public Use - Privately Maintained" within the street right-of-way, for each street to be dedicated to public use and the following note:

Subdivision streets constructed within the limits of the right-of-way are hereby dedicated to the public use and are to be maintained by the homeowner's association or property owners or both. The State assumes no maintenance responsibilities within the dedicated street right-of-way.

2 Del. Admin. Code § 8.7

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)
23 DE Reg. 378 (11/1/2019) (Final)