2 Del. Admin. Code § 2308-1.0
The Delaware State Senate passed SB 284 on June 8, 2004 and the Delaware House of Representatives passed it on July 1, 2004. SB 284 was signed into law on July 22, 2004 and it is codified at 17 Del.C. Section 507. The essence of this legislation was to address the need for transportation improvements that are required to be made by developers when new development has been approved by local government.
Section 507 directs DelDOT to establish rules and regulations to determine where and under what conditions it will:
Use its real estate process to acquire the necessary right-of-way for public purpose improvements;
Enforce the maintenance of safe operating conditions for the public during construction;
Involve the public and inform them of the reason for and scope of improvements; and
Assure compliance with applicable environmental and legal requirements.
Developers whose proposals trigger the need for improvements, or necessitate an acceleration of the timing of previously recognized DelDOT projects, shall contribute funds towards the necessary right-of-way acquisitions. Improvements are limited to those that do not negatively impact the State's ability to meet the conformity requirements of the Federal Clean Air Act and its several amendments.
DelDOT's use of this authority is limited to areas where the State's own land use policies support the type and scale of the proposed development. As part of the approval process for transportation improvements built pursuant to this authority, DelDOT is required to consult with area representatives of state and local government. DelDOT retains the discretionary authority to use the provisions of Section 507 and its implementing regulations, or to decide not to make use of this authority in a given instance.
2 Del. Admin. Code § 2308-1.0