Title 2 Transportation
2400 Division of Transportation Solutions
2401 Utilities Manual Regulations
1.0 Introduction
The Mission of the State of Delaware's Department of Transportation is to provide a safe, efficient, and environmentally sensitive transportation network that offers a variety of convenient, and cost-effective choices for the movement of people and goods.
Effective management and design of utility installations are imperative for the safe and expedient construction and maintenance of the transportation network. Close coordination with utility owners is essential to meet these objectives.
This manual outlines the general practices, policies, and procedures that affect the relationship between the Delaware Department of Transportation, hereafter referred to as the Department or DelDOT, and those entities desiring to place utility lines and appurtenances within the rights-of-way of this State. This manual explains the requirements and procedures necessary to facilitate utility installation, relocation, maintenance as well as any utility work in conjunction with highway project construction within Department right-of-way.
1.1 Purpose And Objectives
1.1.1 The overriding goal for this manual is to allow the user to locate and understand those regulations and procedures that are most pertinent to their activities in the highway-utilities process. The process embraces a large and exceedingly complex series of issues. This manual simplifies and condenses these issues for ease of location by the user.
1.1.2 The manual has been prepared to accomplish these objectives:
to provide standard arrangements for permitting the installation of utilities on Department rights-of-way and for relocating utilities due to highway construction;
to help utilities accomplish their work with the least delay and minimum interference with highway contractors or other utilities;
to prevent service disruptions, damage to utility facilities, and hazardous conditions;
to ensure that standards, specifications, and environmental considerations are met;
to ensure the proper performance, high quality, and timely accomplishment of utility work, as well as the correct and timely reimbursement to utility companies when appropriate;
to outline procedures and conditions that must be met for federal reimbursement, when utility work is part of a federal-aid project; and
to outline procedures and conditions necessary for state reimbursement of utility work when circumstances, agreements and/or Delaware Code govern.
1.1.3 The information in this manual applies to all public and some private facilities, including (but not limited to) electric power, telephone, telegraph, communications, cable TV, lighting, water, gas, oil, petroleum, steam, chemicals, sewage, drainage, irrigation, and similar lines that are located within the rights-of-way of highways under the Department's jurisdiction. Underground, surface, and overhead facilities-whether singular or in combination-are covered by this manual.
1.2 Statutory Authority
1.2.1 The Delaware Code provides the Department with the authority and responsibility to regulate the use of all utilities on state highway rights-of-way. For the benefit of the reader, this manual reviews applicable portions of Delaware law.
1.2.2 The Department has the sole legal authority to control the use of state highway rights-of-way. Vesting this control in a single agency was necessary to ensure the safety of motorists and the proper operation of highway facilities. The Department has formulated the guidelines, policies, and procedures in this manual as tools for regulating utilities to achieve the aforementioned purposes.
1.2.3 The "Delaware State Highway Department" was established into law on April 2, 1917. Chapter 166 of the 1935 Code amended the original Act that created the Highway Department. Additional amendments, including Title 17 of Delaware Code, were enacted by the Legislature on February 11, 1953, and approved by the governor on February 12, 1953, including all prior amendments. This act provides authorization for the State to participate in the acquisition of rights-of-way, the placement of new utilities, and the adjustment of existing utilities.
1.2.4 Title 26 of the Delaware Code (1953) provides authorization for the State to control new installations of pipes, conduits, and wires above or beneath the public roads.
1.2.5 Section 143, Title 17, Delaware Code, established by law on January 16, 1962, made the State responsible for the entire cost of altering or relocating utilities that are within public highway rights-of-way-when the utility facilities are owned or operated by a municipality, governmental body, or subdivision of the State-as necessitated by highway construction, reconstruction, relocation, repair, or maintenance.
1.2.6 Section 132, Title 17, Delaware Code (1966) provides for the State to reimburse the owner for the expense of relocating public utility facilities necessitated by any project where the State is to be reimbursed at least 90% of the project cost from federal funds or by the federal government or any agency thereof. Such expense is to be the amount paid by the owner that is properly attributable to the relocation, after deducting therefrom any increase in the value of the new facilities and any salvage value derived from the old facilities.
1.2.7 Section 143, Title 17, Delaware Code, amended on June 29, 2004, allows the Department of Transportation flexibility to negotiate alteration or relocation agreements with public utilities in order to improve efficiency and fairness. While not required to do so, the Department may choose to enter into an agreement with a public utility for this purpose.
1.2.8 The opinion of the Court of Chancery, State of Delaware (1963) is the basis on which the State reimburses utility owners the expense of relocating public utility facilities on rights-of-way for which they hold title, or have permission or easement for occupancy, as necessitated by any project.
1.2.9 Adherence to the policies, practices and procedures of the Department of Transportation-and, more specifically, to the requirements described in the Utilities Manual-must be undertaken with full knowledge of, and compliance with, Chapter 8, Title 26, of the Delaware Code entitled "Underground Utility Damage Prevention and Safety." The Department's commitment to provide for the protection of public health and safety is of major importance and must be maintained at all times.
1.3 Construction And Location Requirements
The State reserves the right to review and approve the detailed location and design of all utility installations, adjustments, or relocations affecting the highway rights-of-way, and will issue permits for proposed utility work. Chapter 3 describes permitting requirements.
1.4 Exceptions To Requirements
The utility company shall submit any request, for deviation from the standards described in this manual, due to extreme hardship, to the Department. The request shall be in writing and must include full justification surrounding the hardship. The Department will assess the situation and provide recommendations. The documentation will be sent to the Utilities Engineer for coordination and comment, who shall then forward it to the Chief Engineer for final action.
1.5 Transmittal Of Information
Where the manual specifies the submittal of plans or other documents, utilities are encouraged to submit electronic files with the Department's approval. If utilities choose to submit plans or other documents electronically, their systems and GIS databases must be compatible with DelDOT's current systems in order to transfer files electronically.
2.0 Definitions
AASHTO: American Association of State Highway and Transportation Officials. AASHTO is a nonprofit, nonpartisan association representing highway and transportation departments in the 50 states, the District of Columbia and Puerto Rico. It represents all five transportation modes: air, highways, public transportation, rail and water. Its primary goal is to foster the development, operation and maintenance of an integrated national transportation system.
Active Federal-aid Highway Projects: Projects for which any phase of development has been programmed for federal aid highway funds and the State controls the highway rights of way. A project will be considered active until the date of its final acceptance by the Federal Highway Administration and thereafter will be considered complete.
Adjustment: The relocation, removal, replacement, abandonment, etc., of existing utility facilities as necessitated by a highway construction project.
Agreement: A legal instrument entered into by the Department and a utility on a highway construction project which outlines the legal and financial responsibilities of both parties.
Arterial roadway: The functional classification for partial-access-control roads that serve to distribute traffic and are moderate in speed. Arterials carry traffic between collector roads and freeways. The DelDOT highway system map designates which roadways are arterials.
Authorization: Permission by the applicable District Engineer, Construction Region Engineer or Utilities Engineer for the utility to proceed with any phase of a project.
Backfill: Material used to replace or the act of replacing material removed during construction; also may denote material placed or the act of placing material adjacent to structures.
Bar Chart: A schedule showing the proposed start and end dates for various utility activities on a complex singular contract or project. DelDOT prepares the Bar Chart based upon the Utility Statements submitted by the utilities.
Betterment: Any upgrade of the facility being relocated made solely for the benefit of and at the election of the utility, not attributable to highway construction, as determined by the Utilities Engineer.
Boring: The operation by which large carriers or casings are jacked through oversize bores. The bores are carved progressively ahead of the leading edge of the advancing pipe as soil is mucked back through the pipe.
Casing: A larger pipe, conduit, or duct enclosing a carrier. Casings are installed in open cuts or by boring or driving. They are usually sealed at the ends and sometimes vented when the pipelines carry lighter-than-air gases. Casings are usually required to avoid the need for trenching through existing pavements, to prevent the destruction of the roadway due to leakage of liquids under pressure, or to prevent or contain leaking under pressure.
Chief Engineer: Shall be a civil engineer registered or eligible for registration as such in Delaware and qualified to design as well as direct road engineering work as specified in the Delaware Code.
Clear Roadside Policy: The Department's policy of providing a clear recovery area (clear zone so as to increase safety, improve traffic operations, and enhance the aesthetic quality of highways by designing, constructing, and maintaining highway roadsides as wide, flat, and with no abrupt changes in slope as practical and as free as practical from natural or manufactured hazards such as trees, drainage structures, non-yielding sign supports, highway lighting supports, utility poles, and other ground-mounted structures. The policy addresses the removal of roadside obstacles that are likely to be associated with accident or injury to highway users. However, when such obstacles are essential, the policy provides for appropriate countermeasures to reduce hazards. Countermeasures include placing utility facilities at locations that shield the hazard from out-of-control vehicles by using breakaway features, impact attenuation devices, or shielding. Full consideration is to be given to sound engineering principles and economic factors in all cases. See the DelDOT Road Design Manual and the AASHTO Roadside Design Guide for more details.
Clear Zone: The total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area clear of fixed or non-traversable objects. The purpose is to provide errant vehicles a reasonable opportunity to stop safely or otherwise regain control of the vehicle. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. See the DelDOT Road Design Manual and the AASHTO Roadside Design Guide for calculation of Clear Zone widths.
Code of Federal Regulations, Title 23, Part 645: The current regulations on utility relocations. Subpart "A" defines policy, procedure, and cost development for utility relocation, adjustments, and reimbursement. Subpart "B" defines policy and procedure for accommodating utility facilities on federal-aid highways.
Collector Roadway: The functional classification for partial-access-control roads. Provides a less highly developed level of service at a lower speed for shorter distances by collecting traffic from local roads and connecting them with arterials. The DelDOT highway system map designates which roadways are collectors.
Conduit: An enclosed tubular casing, singular or multiple, for the protection of wires, cables, or lines, usually jacketed and often extended from manhole to manhole.
Conflict: Exists when a utility is in the way of highway construction or maintenance operations and needs adjustment or relocation. The presence of utilities in the right of way does not necessarily constitute a conflict.
Coordination Meeting: Periodic meeting attended by representatives of utilities, for the purpose of informing those utilities of current policy and procedures and for discussing current topics of general interest.
Construction: The actual building and all related work, including relocation or adjustments, incidental to the construction or reconstruction of a highway project-except for preliminary engineering, Subsurface Utility Engineering, test holes, or rights of way work which is programmed and authorized as a separate phase of work.
Construction Plans: The large scale-usually 1 inch = 30 feet-plan sheets which show the highway project in detail.
Consultant: A registered professional engineer engaged by the Department of Transportation, State of Delaware, or a utility, to develop plans, specifications, and estimates for the Department or for a utility.
Control of Access: The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.
Full control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only, by prohibiting at-grade crossings and direct private driveway connections.
Partial control of access means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some at-grade crossings and private driveway connections.
Corner Cut (Daylight Corner): A right-of-way area at an intersection reserved for sight clearance and/or turning clearance, usually by a diagonal right-of-way line.
Cost of Relocation: The entire amount paid by or on behalf of the utility properly attributable to the relocation after deducting from that amount any increase in value of the new facility, and any salvage derived from the old facility.
Cost of Removal: The amount expended to remove utility property including the cost of demolishing, dismantling, removing, transporting, or otherwise disposing of utility property and of cleaning up to leave the site in a neat and presentable condition.
Cost, Replacement: The remaining portion of the total cost of the relocation of a facility after deducting therefrom the cost of betterment, credit for salvage, and expired service life credit.
Cost, Right-of-Way: The cost of land and interests to the acquisition of land or interest in land required for the relocation of the utility facility.
Cost of Salvage: The amount expended to restore salvaged utility property to usable condition after its removal.
Costs, Overhead or Indirect: Those costs, which are not readily identifiable with one specific task, job, or work order. Such costs may include indirect labor, social security taxes, insurance, stores expense, and general office expenses. Costs of this nature generally are distributed or allocated to the applicable job or work orders, other accounts and other functions to which they relate. Distribution and allocation is made on a uniform basis which is reasonable, equitable, and in accordance with generally accepted cost accounting practices.
Cover: Depth to top of pipe, conduit, casing, cable or similar line or utility tunnel below the earth or roadway surface. It is normally referenced from the bottom of the highway ditch.
Department: Department of Transportation, State of Delaware (DelDOT).
Designation: The process of using a surface geophysical method or methods to interpret the presence of a subsurface utility and to mark its approximate horizontal position (its designation) on the ground surface.
Designer: The Department employee engaged in the design of a highway project, or the outside engineering consulting firm hired by the Department for that purpose.
Direct Burial: Installing a utility underground without encasement.
District Engineer: District Engineer of North, Canal, Central, or South District. The Engineer that is the highest authority in a district.
District Public Works Section: The unit within each district that is responsible for utility operations under the direction of the District Engineer.
Duct: An enclosed tubular casing for protecting wires, lines, or cables, often flexible or semi-rigid.
Eligibility: The costs incurred on a project or a specific phase of a project that, when authorized, may be reimbursable provided they are legally qualified under the applicable State Highway Laws.
Emergency: A situation where the safety of the traveling public or general public, or the structural integrity of the highway facility, is placed in immediate danger (as defined in the Delaware Code, Title 26, Chapter 8 -- the "Miss Utility Law").
Encasement: A structural element that surrounds a carrier or casing.
Expired Service Life Credit: In any instance where the relocation involves the substitution of a replacement facility for an existing facility, a determination shall be made by the Department whether a credit is due to the project for the value of the expired service life of the facility being replaced. Such credit shall take into account the effect of such factors as wear and tear, action of the elements, and functional or economic obsolescence of the existing facility, not restored by maintenance during the years prior to the relocation.
Expressway: A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections. (See "Freeway.")
Federal-Aid Coordinator: Maintains liaison with the Federal Highway Administration, insofar as fiscal matters are concerned, if federal monies are involved in the utility adjustment.
Federal-Aid Highway Projects: Active or completed projects administered by or through DelDOT, involving the use of federal aid highway funds for the development, acquisition of right of way, construction, or improvement of the highway or related facilities, including highway beautification projects under 23 U.S.C. 319, Landscaping and Scenic Enhancement.
Federal Highway Administration (FHWA): Highway agency of the U.S. Department of Transportation.
Final Billing: The detailed summary of the actual costs incurred by the utility on their relocation including the documentation necessary to verify the amounts expended.
Fixed or Non-traversable Objects: Existing or planned objects, whether natural or manufactured, such as trees, drainage structures, non-yielding sign or lighting structures, drainage ditches, retaining walls, rock outcroppings, utility facilities, etc.
Force Account Basis: Utility work performed by the utility's own forces with reimbursement at actual cost.
Freeway: An expressway (divided arterial highway) with full control of access.
Highway, Street or Road: Any public way for vehicular travel, including the entire area within the rights of way and related facilities.
Highway Construction Project: The construction, reconstruction, widening, or resurfacing of a State Highway, within the existing legal right of way or within a new required right of way, by contract or by Department forces or agent of the Department.
Highway Right-of-Way: Real property or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. Lands acquired under Section 319(b), Title 23, U.S.C. (Scenic strips 1965 Highway Beautification Act) shall be considered to be under the jurisdiction of the Department.
Horizontal Clearance: As stated in the DelDOT Road Design Manual; the lateral distance from edge of traveled way to a roadside feature or object for a roadway with barrier curb. Roadways having curbed sections should be provided with a minimum horizontal clearance of 1.5 feet beyond the face of curb, with wider offsets (if possible to the full clear zone width) provided where practical since most types of curbs provide little help in redirecting an errant vehicle. Please see the DelDOT Road Design Manual and the AASHTO Green Book for more information regarding horizontal clearance.
Initial Payment: First relocation payment to the utility by the Department under the terms of a reimbursement agreement.
Interim Payment (periodic billing): Reimbursement by the Department to the utility, either in specified minimum amounts or definite billing periods, as invoices for completed relocation work are submitted, whenever provided for in the reimbursement agreement.
Jacking: The pushing of a sleeve or casing pipe under a highway to make an underground utility crossing without disturbing the roadbed by open trenching.
Manhole (Utility Access Hole): An opening in an underground system which workers may enter for the purpose of making installations, removals, inspections, repairs, connections, and tests.
Master Franchise: The legal document that authorizes a regulated Public Utility to place its facilities within State rights of way, without any vested interest therein, under the provisions of Delaware Code 1953, Title 17, and supplements thereto.
Median: The portion of a divided highway separating the traveled ways for traffic in opposite directions.
Non-participating: Whenever utility relocations are not programmed with FHWA for reimbursement to the Department from federal funds, they are called "non-participating." Project design, right-of-way acquisition, and construction can be "participating," while utility relocations can be "non-participating." Particular utility relocations may be handled as "non-participating" on a federal-aid project, even when other utility relocation work on the same project is programmed as "participating."
Offset: A. Surveying offset - A distance measured at right angles from the centerline of a highway to a specific point. B. Roadway offset - A measured distance along the centerline of a highway in feet from an established segment.
Participating: Refers to utility adjustments or relocations performed after work has been programmed with and authorized by FHWA. Such funds are requested by the State at the pro-rata share applicable for the project where FHWA requirements are met by the Department and the utility.
Pipe: A tubular product made as a production item for sale as such. Cylinders formed from plate material in the course of the fabrication of auxiliary equipment are not pipe as defined here.
Flexible Pipe - A plastic, fiberglass, or metallic pipe having large ratio of diameter to wall thickness, which can be deformed without undue stress.
Rigid Pipe - Pipe designed for diametric deflection of less than one percent.
Semi-Rigid Pipe - Pipe designed to tolerate from one percent to three percent diametric deflection.
Plan Sheet Index: The small-scale highway plan sheet, usually sheet number two, showing the entire project.
Preliminary Engineering (PE) estimate: Estimate of the preliminary engineering required to design the alteration, adjustments and/or relocation.
Preliminary Engineering (PE): The making of surveys, the preparation of utility plans, specifications, estimates (PS&E) and other related preparatory work in advance of construction operations.
Prior Rights: Exist when a utility is determined to have legally occupied a public right of way prior to the time such right of way was conveyed to or acquired by the State of Delaware's Department of Transportation.
Private Lines: Privately owned facilities that convey or transmit utility commodities devoted exclusively to private use.
Private Right-of-Way: Lands in which utilities have a real property interest for the purpose of distributing or transmitting service. This term, when used for determining eligibility for reimbursement, shall mean any area outside of a public right of way, except lands owned by the State that are occupied by right of a license.
Private Right-of-Way Status: Facilities located within the right of way regarded by the Department as having private rights for the purpose of determining liability for relocation costs in the event of further relocation. In this situation, the Department is responsible for paying relocation costs or for providing substitute right of way.
Project Manager: The DelDOT staff member responsible and accountable for satisfactory completion of the construction project.
Prorated Shares: The percentages of financial responsibility of the utility and the Department on a utility relocation necessitated by a highway construction project. Generally, proration is based on the original location of utility facilities.
PS&E: Stands for "plans, specifications, and estimates."
Public Right-of-way: The legal right of way of any public highway, street, road, or alley that is under the jurisdiction of the Department or any municipality or political subdivision. Law also designates certain navigable waterways as public rights of way.
Public Utility: 'public utility' means a utility as defined in 26 Del.C. §102(2) and (4) per the Delaware Code §143, Title 17. A private business organization, subject to governmental regulation, that provides an essential commodity or service, such as water, gas, electricity, wastewater, or telecommunications, to the public.
Real Property Interest Document: Evidence of the utility's title to a compensable real property interest.
Reimburse and Participate (or their derivatives): Shall mean that State funds may be used to repay the utility to the extent provided by law.
Relocation: The adjustment of utility facilities required by the highway project. It includes removing and reinstalling the facility, including necessary temporary facilities, acquiring necessary right-of-way on the new location, moving, rearranging or changing the type of existing facilities and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, or sequence of highway construction.
Replacement Facility: The replacement of the function of a facility rather than installing a replica facility.
Required Right-of-Way: Private property to be acquired by the Department for highway purposes by amicable settlement or by Eminent Domain proceedings.
Right-of-Way: Real property, or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway, road, or street.
Right-of-Way Certificate: A contract document that certifies that the right of way necessary to construct the project is available.
Roadside: A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.
Roadway: In general, the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways. In construction specifications, the portion of a highway within the limits of construction.
Sacrificed Life: A reimbursable charge in the amount of the computed value of the unused life of a facility removed from private property and not functionally replaced.
Salvage: The material removed and used or placed in storage for future use.
Salvage Value: The amount received from the sale of utility property that has been removed or the amount at which the recovered material is charged to the utility's accounts, if retained for reuse.
Scrap: Material that is not suitable for reuse and which is removed by the utility and sold, for which the State will receive proper credit.
Service Connection: A line from a utility's main distribution line to the premises served, sometimes privately owned.
Single-pole Construction: Use of single poles to support aerial facilities rather than double-pole arrangements such as H-frames.
Sleeve: A short casing through pier or abutment of highway structure.
Standard Construction Details: The DelDOT Standard Construction Details in effect on the date work commenced. The Details can be found at the following Web address: http://www.deldot.gov/static/publications forms.html
Standard Specifications: The Standard Specifications for Road and Bridge Construction of DelDOT, in effect on the date work commenced. The Specifications can be found at the following Web address: http://www.deldot.gov/static/publications forms.html
State: Department of Transportation, (DelDOT), State of Delaware.
Test Hole Locating: The locating, through the use of test holes, of underground utility facilities. The entire procedure includes surveying and providing data for the top and bottom of the located facility as well as the existing ground at the site; tying vertical controls to a minimum of the two checked bench marks or available datum; properly backfilling the test holes and restoring the pavement to an acceptable condition approved by the Department; and providing data on Department plans as may be required.
Total Estimated Service Life of the Replaced facility: The sum of the period of actual use plus the period of expectant remaining life. In instances where such a facility is still in operation but fully depreciated on the utility accounts, there shall be a mutual determination by the interested parties to establish the expected remaining life of the replaced facility.
Traveled way (or travelway): The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Use and Occupancy agreement: The document (written agreement or permit) by which the Department approves the use and occupancy of highway right-of-way by utility facilities or private lines.
Utility Coordinator: Coordinates the relocation or adjustment of all utilities between the utility and the Department of Transportation, State of Delaware.
Utilities Engineer: The Engineer and authorized Representative of the Chief Engineer responsible for utility coordination work performed within DelDOT Transportation Solutions, Engineering Support.
Utilities Section: The unit within DelDOT Transportation Solutions, Engineering Support responsible for matters concerning utilities under the direction of the Utilities Engineer.
Utility Clearance: The arrangements by the utilities to accommodate the highway construction project. It does not indicate that the utility facilities are actually removed from the area but that facilities have been either adjusted to accommodate construction or that arrangements have been made to coordinate the relocation work with the highway contractor's operations.
Utility Construction Permit: A permit that authorizes a utility to construct, maintain, or repair a utility facility within State rights of way.
Utility Design Meetings: Utility-DelDOT meetings held to discuss utility relocations on specific highway construction projects. Usually, two such meetings are held on each project, the initial meeting to discuss probable relocation schemes and the final meeting to review relocations for inclusion in the highway plans.
Utility Plans, Specifications and Estimate (Utility PS&E): The detailed relocation cost estimate, prepared by the utility, consisting of highway plan sheets marked to show the relocation and any additional utility drawings or supplemental sheets that are necessary to provide a clear picture of the work to be performed and how the estimated costs were determined.
Utility Statement: A synopsis of utility relocation work and its anticipated schedule that is incorporated in the bid package upon approval by the Department. (See Section 5.1.4)
Verification of Facilities: The furnishing of information by the utility to verify the type, size, and location of facilities for the mutual benefit of both parties. It is intended that this may be accomplished at nominal cost to the utility, e.g., through maps, records, etc.
Work Order System: A procedure for accumulating and recording into separate accounts of a utility all costs to the utility in connection with any change in its system or plant.
3.0 Design Requirements
The requirements presented in this chapter apply to the location and design of all utility installations within the highway rights-of-way.
3.1 Types Of Work
There are two distinct types of utility work in highway rights-of-way:
3.1.1 Permit and New Service Installation Work. This work usually encompasses the maintenance of existing utility facilities or the installation of new services or utility distribution facilities. The appropriate District Public Works staff issues the permits and inspects the work.
The purpose of the permit is to alert DelDOT that the work is taking place, so that DelDOT can review the traffic control, proposed locations and design and inspect the work to ensure the integrity of the roadway.
3.1.2 Project Design and Facility Relocation Work. This work results from highway construction projects where it is necessary to relocate utility facilities. Project design work is coordinated through the Utilities Engineer and the Utilities Section. A permit is usually not required for this type of work because the highway construction project supervisor inspects the work. However, a permit is required for utility work in advance of construction where DelDOT Construction is not yet assigned to the project. The permit is processed via the District Public Works office. A permit is also required for preliminary test holes for the location of utilities unless the District waives the requirement.
Traffic control for project design work is coordinated with the highway contractor, the highway construction project supervisor and the Construction District to ensure proper safety standards are employed.
The District Public Works Section administers permit work in its district. The Construction Group Engineer administers highway construction projects. The Chief Engineer and the Assistant Director of Project Development are responsible for the project design. Any situations that cannot be resolved through the normal process may be forwarded to the appropriate authority.
3.2 Highway Safety And Traffic Control
The Department considers highway safety a high priority that is an essential and indispensable component of every project from planning through the design and construction phases. Therefore, companies that install, maintain, service, operate, or otherwise work upon utilities within highway rights-of-way are always obligated to consider the safety of the general public. This includes providing appropriate traffic control within work areas.
3.2.1 Traffic Control
All reasonable measures shall be taken for the protection and safe operation of traffic during and after installation of facilities. For all utility maintenance or construction operations within public highway rights-of-way:
3.2.1.1 All traffic control shall conform to the requirements specified in the most current DelDOT manual Traffic Controls for Streets and Highways Construction, Maintenance, and Utility Operations ("Traffic Control Manual") and any other applicable State and federal regulations.
3.2.1.2. A traffic control plan, referencing the Traffic Control Manual, must be submitted and approved whenever a permit is required.
3.2.1.3 Failure by a utility to provide for traffic safety will be cause for immediate suspension of operations. The work will not be allowed to continue until the District is satisfied that proper traffic control is established.
3.2.1.4 If there are any discrepancies between the Manual on Uniform Traffic Control Devices (MUTCD) and the Traffic Control Manual, the DelDOT Safety Section shall be contacted for clarification. In all questions of interpretations of the MUTCD and the Traffic Control Manual, the judgment of the Chief Traffic Engineer shall be final. The protection prescribed for each situation shall be based on the speed and volume of traffic, duration of operation and exposure to hazards. The term "street" refers to all the streets in any municipality, including cities, towns, villages, or other local jurisdictions.
3.2.2 Traffic Control And Safety References
3.2.2.1 Title 17 of the Delaware Code provides for the establishment of traffic control and safety standards to be observed during utility construction and maintenance operations on or adjoining any public highway, road, or street. Public and private utilities, contractors under contract with utility companies, and all others engaged in utility construction and maintenance are required to comply with these standards.
3.2.2.2 The Traffic Control Manual explains in detail the principles and requirements of traffic control and safety standards. It covers traffic control procedures, responsibilities of involved parties, required training for personnel, and descriptions of approved control devices.
3.2.2.3 Responsible utility officials are strongly encouraged to obtain the Traffic Control Manual, study its contents, and make copies available to their field supervisors. The Traffic Control Manual can be found online at http://www.deldot.gov/static/publications_forms.shtml. The standards are to be implemented through the training and supervision of utility employees. Failure to meet standards will result in stoppage of work until deficiencies are brought into compliance.
3.2.2.4 All workers within state right of way shall have high visibility safety apparel that meets ANSI 107-2004 standard requirements. This apparel will meet the standard performance for Class 2 risk exposure. The apparel background material color shall be fluorescent yellow-green as defined in the standard. The reflective material shall be either orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of 1000'. For nighttime work, apparel meeting standard performance for Class 3 risk exposure is recommended.
3.2.3 Traffic Control Plan
3.2.3.1 The traffic control plan is an important aspect of the project. It shall be prepared by qualified individuals and understood by all affected parties before work begins. In preparing the traffic control plan; the sample cases in the Traffic Control Manual shall be followed. The plan must be submitted or traffic control case identified when applying to the District Office for a construction permit. If utility officials need to veer from standard case studies, an ATSSA Certified Traffic Control Supervisor must submit changes to DelDOT Safety for approval prior to applying for the permit.
3.2.3.2 The utility work shall not begin until the District approvals have been obtained and the approved permit information including traffic control are on the job site. Once the job has begun, the utility inspectors must ensure that the plan is followed throughout the project.
In the case of emergency work where there is no prior approval of a traffic control plan; the utility is still required to follow the DelDOT Traffic Control Manual.
The requirement for a utility traffic control plan may be waived on construction projects when the utility adjustments are made simultaneously with the highway contractor's operations and the highway contractor provides the traffic control. Under these circumstances, the utility and highway contractor must cooperate and coordinate their work so that neither is delayed by the other's operation. See Section 5.4.2.3.
3.2.4 Flaggers And Traffic Control
3.2.4.1 Flaggers are essential in controlling traffic when one lane is closed and motorists must alternately use the remaining lane. Other important assignments for flaggers are necessary in utility work, such as lane closures for equipment passage, the pulling of cable crossings, and the control of traffic speed.
3.2.4.2 The Department has specific requirements for flagger warning signs, safety clothing, training, and associated flagger concerns, as described in the Traffic Control Manual. Utility supervisors are expected to understand and abide by these requirements. Flaggers are required to be ATSSA certified, expected to be alert, and to know the correct way to stop traffic, slow it down, and keep it moving.
3.2.5 Inspection Of Traffic Control
Routine inspections of traffic control elements must be made to ensure acceptable levels of operation. Inspections will be performed by trained District personnel and shall be accomplished at a frequency corresponding to the magnitude of the:
3.2.5.1 utility activity,
3.2.5.2 traffic volumes, and
3.2.5.3 other contributing factors.
When a utility or utility contractor fails to follow the approved traffic control plan, inspectors will suspend the work until the required traffic control is in place. Failure to follow the traffic control plan violates 21 Del.C. §4105 and is subject to punishment by law.
3.3 Location Of Utility Facilities
In planning utility locations on highway rights-of-way, consideration must be given at all times to sound engineering principles, public safety, and economic benefits to the State. The planning must consider safety, the visual quality of the highway, and efficiency of maintenance.
3.3.1 Specifically, the following items must be considered:
3.3.1.1 Minimize future project interference. New utility facilities shall be located to minimize the need for later adjustments to accommodate future highway improvements or other utility installations. The location should allow for adequate access to the facilities and accommodate future maintenance. In addition to meeting with DelDOT to discuss future projects, the following are sources to check on projects:
The Capital Transportation Program (CTP):
Wilmington Area Planning Council (WILMAPCO):
http://www.wilmapco.org/RTP/index.htm
The Statewide Long Range Transportation Plan
Dover/Kent County Metropolitan Planning Organization (MPO)
3.3.1.2 Minimize future interference to traffic. Consider methods to maintain utility facilities with minimum interference to highway traffic.
3.3.1.3 Preserve safe traffic operation and future space. New longitudinal installations shall be located on a uniform alignment as near as practicable to the right of way line and outside the clear zone to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations.
3.3.1.4 Comply with ADA. The location of utility facilities and appurtenances shall be in accordance with the Americans With Disabilities Act.
3.3.1.5 Allow only Perpendicular Crossings. Utility lines shall cross the highway on a line generally perpendicular to the highway alignment.
3.3.1.6 Consider utility facility's ownership, operation, and maintenance methods for all facilities that it installs within the boundaries of the right-of-way as well as private underground services or other facilities.
3.3.1.7 Comply with Clearances and Clear Zone policies. Conform to horizontal and vertical clearances of aboveground utility lines with the "clear zone" roadside policies applicable to the system and the particular highway section involved. The locations of aboveground utility facilities shall be consistent with the clearances applicable to all roadside obstacles for the type of highway involved. See Section 2 for the definitions of "clear roadside policy", "clear zone" and "horizontal clearances."
Clear zones are established for new construction and major reconstruction projects. Clear zones on other existing roadways may be less than desirable. Utilities shall check with District Public Works to determine the clear zone widths for specific locations for utility work performed under permits. The calculation of clear zone widths is explained in DelDOT's Road Design Manual and the AASHTO Roadside Design Guide.
If there is no feasible alternative to locating appurtenances within the clear zone, the appurtenances (including fire hydrants) must meet breakaway criteria.
3.3.1.8 Consider future drainage. Future drainage requirements shall be considered when determining location of utility installations. Existing swales or ditches may need to be deepened. New drainage ditches may need to be constructed. New storm water drainage pipelines may need to be installed in the future.
3.3.2 Highways With Fully Controlled Access
Freeways and some expressways have full control of access. Full control of access to highways means that preference is given to through traffic by providing access connections only with selected public roads and by prohibiting at-grade crossings and direct private driveway connections. Delaware highways with full access control include:
all interstate highways,
freeways
toll roads, and
other roadways as determined by the Department.
3.3.2.1 Crossing Of Freeway Right-of-way
New utility installations, and adjustments or relocations of existing utilities, are permitted to cross a freeway only in exceptional cases. The installation's effect on safety must be considered. All installations shall cross the freeway on a line perpendicular to its longitudinal alignment. Underground crossings are preferred. Overhead crossings are not desirable and shall be avoided. If a utility believes there is no feasible alternative to an overhead crossing, it must submit a written request to the district. The utility request must include the proposed cost of the overhead installation, describe other alternatives, and detail the associated costs of those alternatives. District Public Works will use the information in making a final decision.
The following applies to developed areas or areas that are planned for development:
Spacing - The utility distribution or feeder line crossings of freeways will be spaced as needed to serve consumers in a general area.
Approval - Crossings of the freeway by utility service connections may be permitted with approval of District Public Works. Consideration will be given only when utility services are not available within reasonable distances along the side of the freeway.
Maintenance - Access points to service utilities must be located outside the denial-of-access lines of throughways or ramps. The placement of underground utilities across freeways must preclude the need to disturb the roadway for maintenance Or Expansion Operations.
3.3.1.2 Utilities Along Freeways - Lateral Positioning
3.3.1.2.1 Longitudinal installations of utilities will not be permitted within the denial-of-access lines of a freeway and other roads as determined by District Public Works. Frontage roads, where provided, may be used for placement of utilities with the approval of District Public Works. Utilities located outside the access lines cannot be serviced by entrance from through-traffic roadways or ramps.
3.3.2.2.2 Utilities located on existing highway rights-of-way where the highway facility is being upgraded to a freeway must normally be moved. Permission for such utilities to remain in place may be granted if all service can be made from outside the access control line.
3.3.2.3 Utilities Along Roads Or Streets Crossing Freeways
Where a utility follows a road or street that crosses a freeway, the utility shall cross the freeway on the location of the crossroad or street, and generally within its right-of-way. The utility must be serviced without access from the freeway. All work is subject to State and FHWA regulations in effect at the time. Overhead crossings are not desirable and shall be avoided as noted in Section 3.3.2.1.
3.3.3 Partial-access-control Highways
On partial-access-control highways, preference is given to through traffic to a degree that, in addition to access connections with selected public roads, there may also be some other roads crossing at grade as well as some private driveway connections. Except for the types of highways listed under full access control in Section 3.3.1, most highways in Delaware have partial access control.
3.3.3.1 Utilities Along Partial-access-control Highways - Lateral Positioning
3.3.3.1.1 In considering an aboveground facility along a partial-access-control highway, the following constraints apply with respect to the location of the facilities. Any exceptions to these requirements can be submitted by the utility and will be considered by the Department.
Clear zone - Overhead utilities and appurtenances, placed longitudinally on the State's right-of-way, will be positioned outside of clear zones and as close to the right-of-way line as possible.
Curves - It is not desirable that aboveground installations be placed on the outside of curves on roadways where the speed limit is above 30 miles per hour. Permission may be granted on a hardship basis. Rebuilding or upgrading existing facilities currently on the outside of a curve must conform to this section unless outside of the adjusted clear zone.
Daylight corners and traffic islands - Aboveground features-such as poles, guys, enclosures, etc.-shall not be placed in corner cuts ("daylight corners") or on traffic islands.
Incorporated areas - In incorporated areas, aboveground utilities will be placed as close as possible to the right-of-way line. If utilities cannot be placed as close as possible to the right-of-way line, the designs shall be reviewed and approved by District Public Workson a case-by-case basis, to minimize the impact on the traveled way. In curbed sections, the utilities will be located as far as possible behind the curbs-and in compliance with the ADA. They shall never be closer than the horizontal clearance established in DelDOT's Road Design Manual and A Policy on Geometric Design of Highways and Streets (AASHTO's Green Book) and the AASHTO Road Design Guide.
Occupy only one side of a roadway - Every effort shall be made to place a utility line on one side of the roadway. New aerial service connections shall be avoided if possible. A Utility Construction Permit shall not be issued to place one utility's facilities along both sides of a traveled way unless justified and approved by the Chief Engineer.
Pole foundations - When pole foundations will be utilized, the Department must approve the types and locations prior to the permit request.
Rural areas - In rural, unincorporated areas, aboveground utilities will be installed 30 feet or more from the traveled way if State right-of-way is available. District Public Works must expressly approve closer placement when sufficient right-of-way is not available. Aboveground utilities will not be placed within the clear zone.
Slopes and Ditches - Poles, guys, stub poles, or other equipment will not be placed on front slopes, back slopes or at ditch bottoms.
3.3.3.1.2 In considering an aboveground facility along a partial-access-control highway, the requirements below apply with respect to the design of the facilities. Any exceptions to these requirements can be submitted by the utility and will be considered by the Department.
Joint-use - Joint-use single-pole construction must be used at locations where more than one utility or type of facility is involved. This is most important at locations where the right-of-way widths approach the minimum required for safe operations or maintenance, or where separate installations may require extensive removal or alteration of trees. Exceptions will be made only in cases of hardship as determined by District Public Works on a case-by-case basis. The pole owner should ensure that the pole is sized adequately to allow space for the joint use facilities.
Note: The holder of a franchise must not grant permission to another utility facility to jointly occupy its pole line without notifying the other facility of the Department's requirements.
Single-pole construction - Any longitudinal installations of overhead lines on the highway right-of-way must be limited to single-pole construction.
Special Protection - Only approved protective measures will be permitted where special protection is required under AASHTO guidelines for aboveground installations.
The owner of any abandoned pole within state right-of-way is responsible for ensuring its removal in a timely manner.
3.3.2.2 Utilities Along Highways - Vertical Positioning
3.3.3.2.1 Overhead electric power and communications structures, lines and cables shall be installed in compliance with the latest edition of the National Electrical Safety Code. Existing lines and cables shall be maintained at minimum clearance of 23.5 feet above track rails of railroads and a minimum clearance of 18 feet above roads, streets, entrances and other areas subject to truck traffic. The above two clearances shall be maintained under all conditions, i.e. maximum conductor sag conditions (subject to terms of railroad permit requirements) and a minimum of 18 feet above all roadways-or in accordance with the codes described in Section 3.4, whichever is greater.
3.3.3.2.2 The owner of utility facilities is responsible for moving them to eliminate any visual obstruction or interference to any traffic control device. This includes moving structures, overhead lines and cables, splice boxes, enclosures, and other appurtenances in order to provide adequate visibility of a traffic control device.
3.3.3.3 Historic Sites, Scenic Areas, Parks, Etc.
Aboveground utility installations-including those needed for highway purposes such as highway lighting or to serve a weigh station, rest area, or recreation area-are not permitted on highway rights-of-way or other lands which are acquired or improved with federal aid or direct federal highway funds and are located within or adjacent to areas of scenic enhancement and natural beauty. Such areas include public park and recreational lands, wildlife and waterfowl refuges, historic sites as described in 23 U.S.C. 138, scenic strips, overlooks, rest areas, and landscaped areas. However, the Department may permit exceptions provided that the conditions described in the current Program Guide Utility Relocation and Accommodation on Federal-Aid Highway Projects are met. Relocation of pre-existing utility facilities from overhead to underground is subject to reimbursement within the guidelines described in Section 5.0.
3.3.4 Subdivisions
3.3.4.1 Subdivision Streets Not Yet Accepted For State Maintenance
The Subdivision Developer shall be responsible for submitting utility installation site plans to District Public Works for review and approval prior to commencement of street construction within the subdivision and prior to utility installation.
It is not necessary for a utility to obtain a construction permit in new subdivisions. Upon completion and acceptance of the subdivision streets, the utilities that are located within the State right-of-way shall be franchised in accordance with the existing Annual Master Franchise for each utility.
The utilities in a subdivision will be located as follows:
3.3.4.1.1 Utilities will be allowed within the right-of-way.
3.3.4.1.2 Aboveground utilities must be avoided if possible. If pole lines are to be used, they must be placed behind the clear zone.
3.3.4.1.3 Where feasible, underground utilities shall be placed behind the proposed curb line or in an established utility easement.
3.3.4.1.4 The main lines of underground utilities must be longitudinally located between the right-of-way line and the curb or edge of pavement-except for sanitary sewers that will be placed to avoid the wheel path when they cannot be located outside the roadway. If possible, sanitary sewers should avoid the crown of the roadway. Service lines may cross under the paved area to connect residences with main lines.
3.3.4.2 Subdivision Streets Accepted For State Maintenance
Utility construction permits are required for existing subdivisions. Existing underground utilities will be permitted to remain in place in subdivisions with streets currently maintained by the Department. However, any utilities that are upgraded shall be located according to Section 3.3.4.1, provided there is enough right-of-way to place them behind curbs.
3.4 Design
3.4.1 A Master Franchise must be in force for any utility facilities present in the highway right-of-way. The utility's proposed design in all cases must:
protect the integrity of the roadway or highway structure,
protect the appearance of the highway,
minimize interference with traffic during maintenance of the facility, and
minimize highway maintenance problems for the State.
3.4.2 Permit And New Service Installation
3.4.2.1 District Public Workswill review a permit application for new or existing utilities, maintenance work and re-construction, and some utility work in advance of highway construction. If acceptable, the District Public Works Section will approve the:
3.4.2.1.1 proposed location for the utility facility, and
3.4.2.1.2 methods of installing and/or attaching the facility and repairing the highway or structure.
3.4.2.2 The District will review and approve the traffic control plan to ensure highway safety, including the safe and free flow of traffic.
3.4.3 Project Design And Facility Relocation
On DelDOT highway construction projects the Utilities Engineer will coordinate, review, and approve the utility's proposed plans for the:
location of the facility, either in its existing position or in a relocated position,
methods of installing and/or attaching the facility,
timing of any proposed adjustments and/or relocations, and
reimbursement of work in accordance with the requirements in this manual.
3.4.4 Requirements
3.4.4.1 Utility installations on, over, or under the rights-of-way of State highways, and utility attachments to highway structures, are to meet or exceed the requirements listed below as well as any other applicable codes or regulations.
Electric power and communications: National Electric Safety Code (NESC).
Water transmission and distribution: American Water Works Association (AWWA).
Pressure pipelines: Standard Code of Pressure Piping of the American Society of Mechanical Engineers ASME B31.4 and B31.8 and applicable sections of Federal, State, local and industry codes.
Liquid petroleum pipelines: American Petroleum Institute Recommended Practice for Steel Pipelines Crossing Railroads and Highways. U.S. DOT Rules and Regulations governing transportation of such materials, including Code of Federal Regulations Title 49 Part 195.
Pipelines carrying natural gas and hazardous materials: U.S. DOT Rules and Regulations governing transportation of such materials, including Code of Federal Regulations Title 49, Parts 192 and 195.
Fiber optic facilities: Standard for the Physical Location and Protection of Below-Ground Physical Plant (EIA/TIA-590); also NESC provisions for communications cable.
3.4.4.2 Provisions for future expansion of utility facilities are to be made when planning for adjustments to existing facilities or preparing for new installations.
3.4.4.3 Underground utilities must consider safe trenching practices when preparing their designs and constructing their facilities. Both the utilities and their contractors must comply with all Occupational Safety and Health Administration (OSHA) requirements while working on highway rights-of-way. If unsafe work environments exist, work must stop until safe conditions are established or restored.
3.4.5 Other Permits
Utilities are responsible for obtaining all required permits from municipal, State, and federal governmental agencies and railroads. Examples of these permits include, but are not limited to:
Water quality permits, DNREC Water Quality Certification,
DNREC subaqueous Lands/Wetlands permits,
DNREC Coastal Zone Consistency Certification,
County Floodplain permit (New Castle County only),
U.S. Coast Guard permit,
US Army Corps 404 permits,
Sedimentation and erosion permits,