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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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2 DE Admin. Code 2309
In July, 2011, the Department published proposed revisions to its Standards and Regulations for Subdivision Streets and State Highway Access in the Delaware Register of Regulations, 15 DE Reg. 56 (07/01/11). A significant number of comments were received in response to that publication. After consideration of those comments, in August 2012 the Department decided to publish a re-draft of that document, to reflect the comments received from the July, 2011 version, as well as other considerations. This version appeared in 16 DE Reg. 192 (08/01/12).
In response to some of the comments received, in the December 2012 Register of Regulations (16 DE Reg. 618 (12/01/12)) DelDOT proposed further changes to these regulations, including amended portions of the draft regulations proposed in August 2012. The comments received and reacted to at that time were also published in the December Register. Some of these regulatory proposals differed substantively from the existing regulations and the changes previously proposed. Accordingly, in the December 2012 Register DelDOT (6 DE Reg. 618 (12/01/12)) advertised the proposed changes again, to allow a further opportunity for public comment. These comments were accepted through January 15, 2013.
IMPLEMENTATION GUIDANCE. In the December 2012 Register, the Department also issued a proposed guideline for implementation regarding certain aspects of the proposed regulations. Unless otherwise affected by these guidelines, the new regulations are intended to go into full effect April 10, 2013.
Comment from Roger Roy
Comment from Shawn Tucker
IT IS SO ORDERED this 19th day of March, 2013.
The authority for DelDOT’s Standards and Regulations for Subdivision Streets and State Highway Access is set forth in the Delaware Code. Applicable sections include:
Pursuant to Title 17 of the Delaware Code, the State of Delaware Department of Transportation (DelDOT) is charged with the responsibility of controlling all access points to State-maintained roadways. Relevant portions of this section are as follows:
(1) No person, firm or corporation shall construct, or cause to be constructed any new road or street outside the corporate limits of any city or town and intended to be dedicated by the owner thereof to the public use, including the initial installation of traffic and street name signs, unless such road or street is in conformity with plans and specifications approved by the Department and with this section. At a minimum, the initial installation of street name signs must include the placement of such signs at each intersection of the new street with any other street, capable of being read from each direction on any street at each intersection. The new road or street shall be a continuation of an existing or proposed public road designed to be part of the general highway system of the State. Such construction shall be performed pursuant to a written agreement, signed by the developer as hereinafter defined incorporating but not limited to the plans and specifications approved by the Department, the posted security for completion, the location of any decorative subdivision entrance signs installed by the developer, and whatever other terms the Department, in its sole discretion, determines may be necessary. The owner or person actually engaged in any development or construction of residential or commercial property as determined by the Department which will affect or require access onto state-maintained highways, streets and roads shall be known as the "developer" for purposes of this section.
DelDOT reviews the site plan in accordance with these Standards and Regulations for Subdivision Streets and State Highway Access. When the plan meets the requirements of DelDOT, a “No Objection to Recordation” letter shall be issued to the governing land use agency. The initial stage fee as outlined herein shall be paid prior to issuance of the “No Objection” letter.
DelDOT will also review construction plans for subdivision streets and/or entrances in accordance with Standards and Regulations for Subdivision Streets and State Highway Access. Construction plans must be signed and sealed by a land surveyor or professional engineer registered in Delaware as outlined in Chapter 4.
The construction stage fee must be paid prior to review of the semi-final construction plan. If the requirements outlined in these Standards and Regulations for Subdivision Streets and State Highway Access are not met by the second semi-final plan submission, then a new application and construction stage fee shall be required prior to further reviews. Upon review and final approval of the final construction plan, DelDOT will issue an approval letter.
Upon addressing all comments provided by DelDOT in a comment / response letter, the final construction plan can be submitted. When DelDOT notifies the applicant that the final construction plan meets the requirements outlined in these Standards and Regulations for Subdivision Streets and State Highway Access, the applicant shall submit the appropriate number of signed and sealed sets of plans for final approval by DelDOT (see Chapter 4).
Traffic Impact Study Review (pending review and approval of the general assembly). Construction Stage: Fees are collected at the time of submission of the construction plans for the Department’s review. The fees associated with this review reimburse the Department for the technical review of subdivision street plans and highway access plans. A “Construction Stage Fee Calculation Form” must be submitted with the fee (see Appendix C), which is calculated as follows:
The Department’s Cash Receipt Policy must be followed in order to be in compliance with Title 29 of the Delaware Code, Section 6103 (all receipts in excess of $100 per day must be deposited daily). The date that applications/fees are received in the Division’s financial management unit in the Department’s administration building in Dover will be used and recorded for this purpose.
AASHTO Standards” Policies and Standards published by American Association of State Highway and Transportation Officials.
Acceleration Lane” A speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.
Access” Any driveway or other point of access such as a street, road, or highway that connects to the general street system. Where two public roadways intersect, the secondary roadway shall be considered the access.
Access Category” One of five categories described in Chapter 9 of the Standards and Regulations for Subdivision Streets and State Highway Access that determines the degree to which access to a state highway is controlled.
Accessway” A connection other than a sidewalk or walkway that provides bicycle and pedestrian passage between streets, between a street and a destination, or connecting to an existing or proposed trail.
Alley” A privately maintained street dedicated for public use which provides secondary access along the rear lot line of adjoining properties. Alleys are intended to accommodate access to parcels and service delivery such as trash collection and utility service.
Applicant” An individual or firm seeking either approval from DelDOT for an access application or from a local government for rezoning, conditional use or subdivision application.
Applicant’s Engineer” An engineer licensed in Delaware and retained by the applicant to perform engineering services associated with their expertise.
Approved Study Area” The study area approved for analysis by DelDOT in the Traffic Impact Study or Traffic Operational Analysis Scope of Work Letter.
Area-Wide Study” A study performed, generally in lieu of an individual TIS, for a designated area to determine the area-wide impacts of proposed developments within the specified study area that encompasses more than one possible development project.
Average Daily Traffic (ADT)” The total volume of traffic during a given time period in whole days greater than one day and less than one year, divided by the number of days in that time period.
Boulevard Street” A street which typically functions as a collector street which involves a landscaped median of varying width which divides opposing travel lanes by green space.
Bypass Lane” A paved area to permit through traffic to bypass left-turning vehicles stopped on the travel lane.
Commercial Access Street” A street typically within a planned business park that serves as a frontage street to abutting properties and which conducts traffic between commercial access streets and major collector and arterial roadways.
Commercial Entrance” An entrance to serve a non-residential site.
Committed Developments” Developments that are recorded or largely approved by the local jurisdiction but which have not yet been constructed.
Community Constraints” Limitations on development created by community facilities, cultural or historic features, preserved open space or farmland preservation areas.
Community Facilities” Public destinations of significance to a community including but not limited to schools, libraries, parks, senior and recreational centers, as well as other neighborhood facilities such as pools and tot lots.
Connectivity” A measure of how efficiently a transportation network provides access between destinations. It is measured using a Connectivity Ratio.
Connectivity Ratio” The ratio of links (street segments) to nodes (intersections and cul-de-sac heads). It is determined by dividing the number of street segments (street sections between intersections and/or cul-de-sac ends) by the number of intersections and cul-de-sac ends. For purposes of this calculation, proposed street intersections with existing roads and stub roads for future access to vacant developable lands shall count as 0.5 intersections.
Connector Street” A continuous street or streets entirely in the suburban development subdivision street category beginning and ending on the state numbered road system, and having a high volume of through traffic.
Construction Entrance” A temporary access for the ingress and egress of construction vehicles.
Crossover” An opening in a median on a divided highway provided for crossing and turning traffic.
Cul-de-Sac Street” A subdivision street with a single point of access which terminates at a circular paved turn-around. Also referred to as a “dead-end street”.
Deceleration Lane” A speed change lane for vehicles leaving Category 1 functional classification roadways.
“Delaware MUTCD” Manual on Uniform Traffic Control Devices.
Design Hour Volume (DHV)” A traffic vehicle volume determined for use in the geometric design of highways. It is the 30th highest hour vehicular volume experienced in a one-year period.
Divided Highway” A highway with separated roadways for traffic in opposite directions, such separation being indicated by depressed dividing strips, raised curbing, traffic islands, or other physical separations.
Division of Planning, Development Coordination Section (DelDOT)” The unit charged with the responsibility for reviewing subdivision and site plans, traffic impact studies, and development proposals within DelDOT, or such other unit or units) that may be charged with the responsibility at some future date.
Driveway” An access that is not a public street, road, or highway.
Entering Lane” Traffic lane used exclusively for vehicles entering a roadside establishment.
Exiting Lane” Traffic lane used exclusively for vehicles leaving a roadside establishment.
“Frontage” The length along the highway right-of-way of a single property tract or roadside development.
Frontage Road” Means a public street or road auxiliary to and normally alongside of and parallel to a highway, constructed for the purposes of maintaining local road continuity and controlling direct access to the main highway.
Full Movement Roadway” A roadway whose turning movements are not restricted when intersecting with a roadway of higher classification or designation.
Functional Classification” A classification system that defines the purposes and hierarchy of all streets and highways within a network (classification system maps can be found on DelDOT’s website).
FWOP (Future Without Project)” In a TIS, denotes the anticipated future traffic condition at a location without the addition of traffic generated by the proposed project.
FWP (Future With Project)” In a TIS, denotes the anticipated future traffic condition at a location after the addition of traffic generated by the proposed project.
Gradient or Grade” The rate or percent change in slope, either ascending or descending from or along the highway.
Gross Floor Area” The sum of the total horizontal areas of every floor of every building on a lot. The measurement of gross floor area shall be computed by applying the following criteria:
High Density Development” Development that will result in a minimum of 50 employees per acre, or 9 residences per acre.
Higher Level Roads” Streets classified as one of the following: major collectors, minor and major arterials, freeways, and interstates.
Higher Order Streets” All streets which are classified above the street being described.
Industrial Street” A Street in an area for manufacturing or industrial use as defined by the local land use agency’s zoning code which is located in an unincorporated community and meets the following requirements:
Interchange” A facility that grade separates intersecting roadways and provides directional ramps for access movements between the roadways. The structure and the ramps are considered part of the interchange.
Interconnectivity” Physical connections of roadways and sidewalks between two or more independent developments or residential subdivisions.
Intra-connectivity” Physical connections of streets and sidewalks within a single development or residential subdivision.
Lane” The portion of a roadway for the movement of a single line of vehicles which does not include the gutter or shoulder of the roadway.
Level of Service” A term used for indicating whether traffic is moving at ideal, average or poor conditions, measured on a scale from “A” to “F”.
Limited Access Highway” Highways, streets or roadways to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
Limited Movement Roadway” A roadway whose turning movements are restricted, typically to right turn only, when intersecting with a roadway of higher classification or designation.
Linkages” Roadways, sidewalks, access-ways and walkways that connect between adjacent development parcels and subdivisions.
Local Land Use Agency” The County or municipality that is responsible for reviewing and approving the applicant’s subdivision.
Local Road” All roadways under DelDOT jurisdiction that are generally referred to by county maintenance route numbers. These roads are not subdivision streets and are not roadways classified under the federal highway system.
Local Roadway Network” Those roadways comprising all roadway classifications designated as major collector or lower level (including minor collector, commercial collector, commercial access street, subdivision street, loop street, boulevard street, cul-de-sac, service road and alley).
Local Transportation Circulation Plan” A plan providing proposed locations for future roadways designated as minor collector or higher level, within a particular geographic area, that has been approved by DelDOT and the County or local jurisdiction to which it pertains. For the purposes of these Regulations, an Approved Local Transportation Circulation Plan shall include any roadway or segment that was identified on an approved Site Street Plan of a previously approved development.
Loop Street” A subdivision street with one or two points of access on a collector street or other higher order street.
Lot” A bounded area of land portrayed on a recorded or unrecorded plan, which usually also shows nearby streets and other physical features, as well as other lots and parcels. The lots delimited by plans are a basis of separate legally established parcels, usually for houses or other buildings. The resulting parcels may contain more than one lot, especially where lots are small. Occasionally lots are delimited to transfer land from one parcel to another. Since parcels and lots are related, the terms are often used interchangeably.
Major Residential Subdivision” A subdivision of six or more residential lots.
Median” The portion of a divided highway separating the traveled ways for traffic in opposing directions.
Median Left-Turn Lane” A speed change lane within the median to accommodate left-turning vehicles.
Minor Residential Subdivision” A subdivision of five or fewer residential lots.
Mixed Use Development” Development that consists of two or more land uses within the same building lot or area.
Multi-modal Access” Ability of pedestrians, bicyclists and transit vehicles to enter, exit or use a transportation facility.
Natural Area or Feature” May include slopes in excess of DelDOT standards for maximum slopes, uplands natural areas, wetlands, or other bodies of water.
Neighborhood Commercial District” Commercial districts that serve to provide goods and services to the surrounding neighborhoods, generally consisting of older buildings with unique architectural style.
Net Dwelling Unit Density” The computation of dwelling unit density that excludes land area dedicated to the public use or for use as open space.
Non-Subdivision Road” Any road under DelDOT jurisdiction that is not a Type I, Type II or Type III Subdivision Street.
Opposite Parcel” A parcel located across a roadway or street from the frontage of another parcel.
Parcel” A uniquely described piece of land whose boundaries are established by legal instrument such as recorded deed, court order or a recorded plot which is recognized as a separate legal entity for the purposes of transfer of title.
PCPHGPL” Passenger cars per hour of green time per lane
Pedestrian Refuge Areas” Areas protected by curb, landscaping or some other similar device so as to provide shelter for pedestrians traveling across vehicle travel lanes.
Physical Constraint” Limitation on development or access created by topographical features on the development parcel, or adjacent parcels, e.g. spacing of existing adjoining streets, freeways, railroads or other physical structures.
Potentially Developable or Redevelopable Land” Land that is not restricted from development by virtue of factors such as farm land preservation, wetlands or other environmental constraints, parkland, etc.
Public Works Engineer” The DelDOT individual assigned to issue permits and supervise construction.
Record plan (Approved)”
Residential Access” An entrance serving a private single-family residential unit from an abutting State-maintained roadway.
Residential Site” A private single-family residential lot.
Right-Turn Lane” An auxiliary lane, or speed change lane for turning vehicles leaving a State-maintained roadway.
Roadway” The portion of a highway, including the travel-ways and shoulders.
“Scope Confirmation Letter” A letter prepared by an applicant’s engineer, for confirmation by DelDOT, that outlines the requirements of a TIS based on the Scoping Meeting for the Application.
Scoping Meeting” A meeting requested by an applicant to discuss the requirements and study area of a Traffic Impact Study.
Section Area” A 1 mile radius area surrounding the proposed development.
Service Road” A subdivision street which is adjacent and generally parallel to a limited access arterial roadway or highway which is intended to provide access to properties which adjoin or that are in close proximity to the limited access arterial roadway or highway.
Sidewalks” Paved pedestrian pathways installed along arterial, collector, and local roadways, and subdivision street frontage.
Shared-Use Path” For the purposes of this manual, a shared-use path is a generic term used to refer to a right of way provided for non-motorized traffic (typically bicycle and pedestrian traffic). A shared-use path can be constructed of concrete, bituminous concrete, pavers, compacted material, or a combination of such materials. Access-ways, walk-ways and multi-use trails are shared-use paths.
Shoulder Area” The portion of roadway adjacent to the travel-way for accommodating stopped vehicles and providing lateral support to the base and wearing courses.
Site Plan” The plan sheet(s) signed by a licensed engineer or surveyor that depict the existing and proposed condition of a development site to scale and showing all pertinent information required by DelDOT and the local land use authority to receive the necessary planning or zoning board approvals. The site plan is generally recorded as part of the land use approval process.
Site Street Plan (SSP)” A plan document submitted to DelDOT as part of a complete application for development approval of subdivision streets or of access to development parcels that are 5 acres or larger, depicting proposed local street layout and proposed locations for connections to higher order roads.
Sight Distance” The distance visible to the driver of a passenger vehicle measured along the normal travel path of a roadway from one point to another point at a specified height above the roadway.
State-maintained Roadway” The entire width between the right-of-way of a publicly maintained roadway when any part thereof is open to the use of the public for purposes of multi-modal travel or the entire width of every roadway declared to be a public highway by any law of this state. It includes bridges, culverts, sluices, drains, ditches, waterways, embankments, walls, trees, shrubs, fences, etc.
Stopping Sight Distance” The distance required by a driver of a vehicle, traveling at a given speed, to bring the vehicle to a stop after an object on the roadway becomes visible. It includes the distance traveled during driver perception and reaction times and the vehicle braking distance.
Storage Length” Additional lane length added to an auxiliary lane to store the maximum number of vehicles anticipated to accumulate in the lane during a peak volume period. It prevents stored vehicles from interfering with the function of the deceleration lane or the through travel lanes.
Stub Street” Temporary dead end street for future connectivity with the adjacent property.
Strip Development” See Minor Residential Subdivision
Subdivision Street” A street within a community or industrial park, categorized into three levels as follows:
“Type I” Subdivision streets with less than 500 ADT.
“Type II” Subdivision streets with between 501 to 3000 ADT.
“Type III” Subdivision streets with more than 3000 ADT.
Suburban Community” Any unincorporated community within the state of Delaware:
Traffic Divider” A median type formation used to separate entering and exiting traffic.
Traffic Generator” An establishment or facility which produces and attracts traffic that did not previously exist and which causes that traffic to leave and enter the adjacent roadway. Traffic generation shall be expressed in terms of Average Daily Traffic (ADT). Each vehicle using the facility is to be counted twice (in and out).
Traffic Impact Study (TIS)” A study conducted during the development approval process to determine the impacts that traffic generated by the proposed development will have on the surrounding street network and the improvements needed to the transportation system in order to mitigate those impacts.
Traffic Island” A defined area between traffic lanes for control of vehicle movements or for pedestrian refuge.
“Traffic Operational Analysis” An evaluation or series of evaluations conducted during the TIS and site entrance reviews that is used to determine the ability of a proposed development project to operate safely and with adequate access. Analyses conducted under the heading of “Traffic Operational Analysis” review of subdivision, land development and entrance plans primarily intended to determine site entrance location and movements to be allowed at the site entrance. These evaluations may include Queuing Analysis, Highway Capacity Manual Analysis, and Accident Analyses Crash Analysis.
Transportation Improvement District (TID)” A geographic area defined for the purpose of securing required improvements to transportation facilities in that area.
Travel Demand Management (TDM)” A strategy or a set of strategies proposed by an applicant to mitigate the traffic impacts of a project by reducing the number of single occupied vehicles traveling to the site during the peak hour. TDM strategies can include such things as car and van pools, flex and staggered employee hours, transit or shuttle service.
Walkways” Pathways within commercial development sites that can range in size from a minimum 5 foot width to accommodate pedestrians, to a maximum 12 foot width to accommodate pedestrians and bicyclists.
The purpose of this Chapter is to provide for a clear process for determining transportation impacts associated with new development so that the impacts can be mitigated and system capacity can be preserved.
The content and extent of a Traffic Impact Study (TIS) depends on the location and size of the proposed development, and the traffic conditions found or expected to occur in the surrounding areas. More extensive analysis is needed for large-scale developments, especially those proposed for intensely developed areas or areas with limited infrastructure. Smaller site proposals may need far less analysis of the impact on local traffic.
A Traffic Impact Study (TIS) may be initiated by DelDOT, the applicable land use agency, or by the Applicant in anticipation of submission of a subdivision proposal for review.
Highway Capacity Manual (HCM)/LOS Analysis – All TIS shall include HCM/LOS analysis This analysis may be required to determine whether the approaches at the site entrance(s) and approaches of nearby intersections operate within acceptable LOS. See Section 2.9.12 for DelDOT's LOS Standards. See this section and Section regarding the intersections that must be included.
Safety Analysis – This analysis may consist of a number of factors including review of adequacy of sight distance, accident crash data, and Manual on Uniform Traffic Devices (Delaware MUTCD) and DelDOT Road Design Manual compliance. More specifically:
An accident crash analysis may shall be required if locations within the proposed study area are known or alleged to be high accident crash locations as determined through DelDOT's Hazard Elimination Program, High Risk Rural Roads Program or Rail-Highway Grade Crossing Safety Program, if that analysis has not been done and is not planned as a requirement of the relevant Program. The analysis will be used to determine whether a problem exists, and if so, how the proposed project relates to the problem, and what modifications or improvements need to be made to ensure safe access on the State-maintained roadway system and safe operation on adjacent roadways and intersections.
An analysis to provide for an evaluation of roads near the site relative to Delaware MUTCD and Road Design Manual standards may be requested. This analysis would be requested to identify deficiencies in signing, striping, cross-section or geometry that represent or would represent an unsafe condition.
Bicycle, Pedestrian and Transit Facility Analysis - The analysis may shall be required to identify and evaluate related impacts and need for enhancements to bicycle, pedestrian, and transit access, circulation, and facilities within the study area.
2.2.5 Requirement of a new TIS. If a TIS or Traffic Operational Analysis (TOA) is prepared for a proposed development and DelDOT finds that existing or projected future conditions in the study area have changed significantly after the completion of the TIS or TOA, DelDOT may require a new, revised, or updated TIS or TOA at its sole discretion before issuing a Letter of No Objection or, where a DelDOT Letter of No Objection is not required, before approving entrance plans. DelDOT will take reasonable measures in scoping the study to avoid the need for additional work once the study is complete. However, it is the Applicant's responsibility to obtain plan approvals while their TIS or TOA is still valid and to demonstrate that validity as necessary.
Once DelDOT has issued a Letter of No Objection or, where a DelDOT Letter of No Objection is not required, has approved entrance plans, DelDOT may require a new, revised, or updated TIS only if the development changes in a way that necessitates a new or amended record plan. However, in the review of the entrance plans for that development, DelDOT may require an Operational Analysis a TOA, which may result in new or different requirements for improvement of the entrances and adjacent intersections.
2.3.1 When a TIS is required. A TIS may be required under any of the following conditions: Basis for recommendation.
This section primarily addresses the criteria that DelDOT uses to determine whether to recommend that a local land use agency require a TIS. Where DelDOT finds that a local government's process has not otherwise afforded adequate consideration of transportation impacts and it must decide whether to require a TIS directly in the review of a land development plan or entrance plan, DelDOT shall apply the same criteria. When a A proposed land use change or development will generate 400 vehicles per day (vpd) or more in average weekday or weekend trips, or if it will generate 50 vehicles per hour (vph) or more during any one hour time period, as determined by DelDOT. No deductions shall be allowed for internal or pass-by trips when determining warrant requirements for a TIS. The Applicant may, however, present information at the Scoping Meeting and DelDOT, in its sole discretion, may waive the TIS report based on internal trip data presented. whether to initially recommend that a TIS be required. If an Applicant subsequently provides information regarding internal capture and/or pass-by trips, DelDOT shall evaluate the information submitted and shall change its recommendation if it finds that this warrant will not be met beyond the site entrance. When a A new access entrance for an existing land use is proposed for a state-maintained roadway, and the total trips generated by the site would be increased by 400 vpd or 50 vph in the peak hour; or When in a local land use process, DelDOT finds that a development and/or change in zoning is proposed for an area where roadways or intersections operate below LOS D in a developed, developing or planned development area or, LOS C in a rural area. The criteria shall not be required in cases where the proposed rezoning would result in the same or fewer trips being generated from the site; or When requested by a The local land use agency that has more stringent TIS warrant requirements than those provided in this section, DelDOT may, at its option, or as required by agreement with the local land use agency, provide a review of the project such that a TIS is required using the more stringent TIS requirements; or When In the opinion of the DelDOT, it is in the public interest to obtain further traffic information on a proposed development.
2.3.4 Waivers of TID Due to Location Development within a Transportation Improvement District (TID). The land use and transportation planning process involved in the creation of a TID is necessarily more comprehensive than that involved in a TIS for a specific development. See Section 2.13 regarding required and recommended elements of a TID. If a development does not meet the criteria of Section 2.3.2 or 2.3.3, DelDOT, at its sole discretion, may waive its requirement for a TID is proposed within a TID and is consistent with the current Land Use and Transportation Plan (LUTP) for that TID, DelDOT may require participation in the TID in lieu of conducting a TIS and making improvements based on the TIS if all of the following conditions apply: The traffic forecasts used in the creation of current LUTP for the TID are for a year no sooner than the expected completion date of the subject development, as determined under Section 2.9.10 and one of two conditions apply: The subject development (or another land use of equivalent or lower peak hour trip generation) was explicitly accounted for in the traffic forecasts used in the creation of current LUTP for the TID; or The Applicant has agreed in writing to contribute toward the cost of the identified transportation improvements and that contribution is based on a formula defined in the TID agreement or, if no formula is defined, on the subject development’s percentage contribution to the increase in the peak hour traffic passing through the facility to be improved, with the said increase being measured from the base year to in the forecast year.
The completion of a TIS and the subsequent agreement of a developer to comply with requirements resulting from the study process shall be considered to meet requirements and above if DelDOT finds that the TIS included all facilities that would have been included in the TIS for which a waiver is sought.
One premise of this section is that sufficient Level of Service (LOS) analysis was done in developing the LUTP for the TID, such that additional analysis is unnecessary. Where DelDOT or local government regulations require the determination of LOS at the development entrance(s) or immediately adjacent facilities, this work may be done through the preparation of a Traffic Operational Analysis, in accordance with Section 2.14. Where more extensive LOS information, not available from the LUTP, is needed, a TIS shall be required. One copy of the request for Scoping Meeting letter shall be sent to the applicable local land use agency concurrent with the submission of the letter to DelDOT. The Applicant may be requested to demonstrate to DelDOT that it has provided a copy of the letter to the land use agency. Failure to provide a concurrent copy of the request for Scoping Meeting letter to the local agency may result in the delay or postponement of the Scoping Meeting. Intersections and roadway segments to be studied. Note: In considering the study area limits, DelDOT shall consider the area of influence of the proposed development on the surrounding roadway network in determining the extent of impact and required improvements resulting from the development. DelDOT will also consider local requirements for area of influence when determining the study area limits See Section; In considering the study area limits, DelDOT shall consider the area of influence of the proposed development on the surrounding roadway network. The area of influence shall be defined as the area beyond a development site entrance including any intersection or roadway segment that would carry projected site traffic of at least 50 vehicles per hour (during any peak hour) as determined by DelDOT using a travel demand model, up to and including the third State-maintained road having a three-digit maintenance number. Within that area, the intersections to be analyzed shall include any signalized access drives and any Type III subdivision streets. DelDOT will also consider local requirements for area of influence when determining the study area limits. Further, to the extent that a local government receives requests from the public through their land use approval process that an intersection or other transportation facility be included in a a TIS and asks that DelDOT include that facility in the study, it shall be included, provided that: 1) a recognized procedure exists for determining the Level of Service on such facilities; and 2) the local government specifies what, if any, requirement they have with regard to the Level of Service on that facility. The availability of accident crash data within the proposed study area and the requirements for analysis based on that data; If after the Applicant chooses Option A, their confirmation of the Scoping Meeting Memorandum shall be accompanied by a fee in the amount of $5000, in the form of a check made payable to the Department of Transportation. An estimated time for review of a TIS under Option A after the Applicant's engineer has submitted the Final TIS is 20 business days Completion of a draft TIS review letter in a form suitable for discussion with the Applicant can be expected approximately 20 business days after that date for a total of 40 business days. Narrative and flow diagrams of seasonally adjusted peak hour traffic through the study area and identification of peak hours. N.B.: Flow diagrams must be continuous. Separate diagrams of each intersection are not acceptable; Classified peak hour manual turning-movement counts1 for one day shall be supported by one week of machine counts. The seventh edition of ITE’s Trip Generation does not specifically address duplex dwellings, defined as single structures, each containing exactly two distinct dwellings. For the purposes of this chapter, until ITE provides specific guidance to the contrary, treatment of duplex dwellings shall be consistent with their architectural characteristics, (i.e., structures in which two dwellings resembling single-family detached houses share a common wall shall be treated as two single-family detached houses; structures in which two dwellings resembling townhouses share a common wall shall be treated as two townhouses; and structures, in which the dwellings are stacked, one above the other, shall be treated as apartments or condominiums, depending on their form of ownership. DelDOT shall provide the final determination on how a building is to be classified based on its characteristics. The source for determining pass-by and internal capture trips should be the ITE Trip Generation Handbook. DelDOT, at its sole discretion may provide guidance to apply pass-by percentages where no information is provided in the ITE Trip Generation Handbook. Entrances on both sides of the streets fronting the site, in both directions, shall be shown on the site plan at lengths as indicated in Figure 3.1 in Chapter 3. The safety evaluation shall include a discussion and, where necessary, calculations demonstrating that movements to and from the entrance will not conflict with the turning movements from adjacent entrances. Analysis Criteria and Assumptions – Unless expressly authorized by DelDOT, all analyses shall be done in accordance with the 2000 Highway Capacity Manual (HCM), or superseding edition, procedures. Analysis Software – The analysis should be completed using the most recent version of the Highway Capacity Software (HCS) that implements the HCM, and include completed input worksheets from the HCM software analysis, as well as any printed output from the software. If a detailed output format is submitted, then input worksheets are unnecessary. Peak Hour Calculations – The Applicant's engineer shall calculate the peak hour factors for existing conditions. Except where directed otherwise by DelDOT to account for an unusual condition, the Applicant's engineer shall use the total entering volume to determine the peak 15-minute interval and the peak hour and then compute an overall intersection peak hour factor (PHF). Generally, existing PHFs shall be applied to future conditions as well. Where the Applicant's Engineer and DelDOT agree that the existing traffic counts are a poor indicator of future PHFs, one of the following three PHFs shall be selected according to the total intersection volume in the future conditions. For a total intersection volume of 500 vph or less, use 0.80. For a total intersection volume of 501 vph to 1,000 vph, use 0.88. For a total intersection volume over 1,000 vph, use 0.92. The analysis shall note changes made in signal timing and phasing (i.e. protected, permitted, etc). The Applicant shall obtain approval from DelDOT prior to incorporating phasing changes in its analysis. Reducing the proposed density of development (where appropriate), or construction of off-site improvements by the Applicant;
2.14 Traffic Operational analysis. Accident Crash Analysis – This analysis may be required if the entrance is proposed at a known or alleged high accident crash location to determine whether a problem exists, and if so, how the entrance might relate to the problem, and what remedies might be possible.
The need for installation of new traffic control signals and/or the modification of existing traffic control signals to accommodate traffic from commercial establishments or subdivisions shall be determined by DelDOT in accordance with the warrants prescribed by the Manual on Uniform Traffic Control Devices (Delaware MUTCD). All costs, basic or incidental, to the construction, operation, or maintenance of the signal shall be borne by the applicant. Furthermore, the cost of modifications to the system which may be required in the future in order to provide for traffic to or from the roadside development shall be paid for by the applicant.
2.15.4 Traffic Signal Revolving Fund. Under certain circumstances, described below, a developer has the option of voluntarily contributing to a Traffic Signal Revolving Fund (the Fund) in lieu of entering into a signal agreement. Advantages for the developer include knowing at the outset the amount they will need to pay and when that amount will be due. Advantages for DelDOT include the certainty that the payment will in fact be made and there will be funds available that are derived from a dedicated source of revenue. Any development for which it has been determined that a signal will be required at the access, when the development opens or in the near future, will either be required to contribute to the fund, or must execute a signal agreement. A developer seeking access on a State-maintained road with no access opposite them shall pay into the Fund at 100 105 percent of the current established signal cost (includes five percent for signal maintenance.
Developer pays $120,000 $126,000 into the Fund, i.e. 60 63 percent (240/(160+240)) (1.05 x (240/(160+240))) of the cost ($200,000) of a signal.
Note: For a new signal, the developer would pay $39,600 $41,580 into the Fund, i.e. 19.8 20.79 percent (1,000/(1,000+4,050)) (1.05 x (1,000/(1,000+4,050))) of the cost ($200,000) of a signal. For a modification of an existing signal, the percentage would be the same but the base cost would be reduced to reflect the smaller construction cost.
3.1 Purpose. This chapter is intended to provide those seeking access to state-maintained roadways and/or who wish to construct subdivision streets that will to be maintained by DelDOT with:
Site plans shall be in the format required by the land use agency. The elements that DelDOT requires as part of this chapter shall be added to those plans. The following note shall be added to the minor subdivision record plan: If the residual lands of the applicant are ever developed into a major subdivision, then the access to these parcels shall be from an internal subdivision street.
3.4.5 Site Entrance. Intersections of subdivision streets with State-maintained roadways are to be designed in accordance with these Standards and Regulations for Subdivision Streets and State Highway Access. The location and design of entrances and exits onto State-maintained roads are governed by the criteria established in Chapter 9 and the detailed design elements listed in Chapter 5. Site plans should include a preliminary entrance design and preliminary street construction plans if applicable as outlined in Section 4.1. Considerations must be given to the location of the entrance to ensure the necessary elements listed in Section 5.2 can be met.
Existing and buildout volumes for the site, (DelDOT will provide projected volumes upon request).
Existing and projected (10-year) directional distribution volumes for the adjacent roadway (DelDOT will provide projected volumes upon request). The minimum projected 10-year volumes should be 20% greater than the existing volumes plus the site traffic. Applications for parcels of less than 5 acres and generating less than 200 ADT shall include on their site plan any road proposed as part of an approved Local Transportation Circulation Plan. Proposed development parcels less than 5 acres shall be designed to connect to existing linkages on adjacent parcels.
Locating Walkways - A walkway into the site should be provided for every 330 feet of street frontage or for every eight aisles of vehicle parking if parking is located between the building and the street, whichever is lesser. A walkway should also be provided to any sidewalk or access-way abutting the site.
Walkway Connections - Walkways should connect building entrances to one another and from building entrances to adjacent public streets and existing or planned transit stops. On-site walkways should connect with walkways, sidewalks, bicycle facilities, alleyways and other bicycle or pedestrian connections on adjacent properties used or planned for commercial, multifamily, institution, or park use. DelDOT may request connections to be constructed and extended to the property line at the time of development.
Walkway Routing - Walkways should be as direct as possible when connecting. Driveway crossings should be minimized. Internal parking lot circulation and design should provide reasonably direct access for pedestrians from streets and transit stops.
Walkway Design - Walkways should be paved and should maintain at least five feet of unobstructed width. Walkways bordering parking spaces should be at least seven feet wide unless concrete wheel stops, bollards, curbing, landscaping, or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Stairs or ramps should be provided where necessary to afford a reasonably direct route. The slope of walkways without stairs should conform to DelDOT standards. Walkways should be differentiated from parking areas and circulation aisles by grade, different paving material, landscaping or other similar method.
Walkway ADA Compliance - The Americans with Disabilities Act (ADA) contains different and stricter standards for some walkways. The ADA applies to the walkway that is the principal building entrance and walkways that connect transit stops and parking areas to building entrances. Where the ADA applies to a walkway, the stricter standards of ADA should be applied.
Access-way Width and Right-of-Way - The width of the right-of-way for Access-ways must be sufficient to accommodate expected users, and provide a safe environment, taking into consideration the characteristics of the site and vicinity, such as the existing street and pedestrian system improvements, existing structures, natural features, and total length of the access-way connection.
Access-way Design Standards – Access-ways shall be as short as possible and wherever practical, straight enough to allow one end of the path to be visible from the other.
At points of intersection between sidewalk and major collector and arterial streets and at all corners along a major collector or arterial street where subdivision streets intersect the collector or arterial street.
Pedestrian Refuge – If at all feasible, pedestrian refuge areas shall be constructed across roadways of 4 or more travel lanes at key locations where a marked crosswalk is to be installed. Stub Street Turn-Around Area. The right-of-way stubs shall be planned and constructed to the subdivision boundary line for future connections as outlined in Section, Temporary Dead End Streets. Cross-Access Types and Locations. Locations and types of cross-access will vary from site to site and are dependent upon a number of factors including: overall size of the properties involved, building types and land uses of the properties being served, locations of the existing and proposed buildings, locations of existing and proposed parking lots and site utility and landscape requirements. Non-residential, Mixed Use and Multi-family Housing. Each property containing or designated for nonresidential or multi-family dwelling units should provide at least one vehicular access to each abutting property. This should most often be accomplished by joining adjacent parking lots and sharing entrances. Where a community facility location, or physical or topographic conditions make a general street, access-way or walkway connection impracticable. Such conditions include but are not limited to the alignments of existing connecting streets, freeways, railroads, slopes in excess of DelDOT standards, wetlands or other bodies of water where a connection could not reasonably be provided;
*Provide an additional ten-foot drainage easement on both sides for subdivision streets with open drainage.
Note: At intersection streets the right-of-way shall have a minimum radius of 25 feet.
The developer shall be required to furnish and place right-of-way monuments on the dedicated subdivision street right-of-way in accordance with these Standards and Regulations for Subdivision Streets and State Highway Access, and the requirements of the land use agency. If there is no local ordinance concerning right-of-way monuments, the monuments shall be placed along the right-of-way lines, on one side of the street at every change in horizontal alignment.
A X-foot wide strip of right-of-way is hereby dedicated to public use as per this plat.”
An additional X-feet of right-of-way is hereby dedicated to public use as per this plat.”
3.119 Traffic Calming
Plans must comply with DelDOT’s Standards and Regulations for Subdivision Streets and State Highway Access. Construction plans must be signed and sealed by a land surveyor or professional engineer registered in Delaware. It is the engineer’s responsibility to meet the standards and plan requirements. Plan approval does not release the developer’s responsibility to meet the standards. If pavement, geotechnical and/or structural design are included, then a professional engineer registered in Delaware and qualified to perform the design must sign and seal the plans. Exceptions may be permitted at the sole discretion of DelDOT where the proposed development has an average daily traffic generation of less than 100 trips, each vehicle being counted twice (in and out).
The construction stage fee must be paid prior to review of the semi-final plans as outlined in Chapter 1. If the requirements outlined in these Standards and Regulations for Subdivision Streets and State Highway Access are not met by the second semi-final plan submission, then a new application and construction stage fee shall be required prior to further reviews.
Following the approval of the final construction plan, a cost estimate for the entrance improvements shall be prepared and shall be provided to DelDOT for review. Each item of construction shall be listed in accordance with DelDOT’s Standard Specifications. The method of measurement for each item shall be in accordance with the Standard Specifications and a current unit price supplied for each item.
The developer’s engineer shall prepare and submit to DelDOT for review and approval all right-of-way plans, construction plans, specifications, and estimates for the project as outlined in the Off-site Improvement Agreement described in Section 2.15.2. All required submissions to internal DelDOT support sections shall be made to the Development Coordination Section and then shall be distributed throughout DelDOT in accordance with these regulations. The engineer shall design the project in accordance with the American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, DelDOT Standards Specifications, Policies, and Practice. The engineer shall notify DelDOT in writing of any conflicts with AASHTO or DelDOT Design Standards, Specifications, Policies or Practice. Plan presentation should comply with the model plans that are available on
Following the approval of the final construction plan, a cost estimate for the roadway improvements shall be prepared and shall be provided to DelDOT for review. Each item of construction shall be listed in accordance with DelDOT’s Standard Specifications. The method of measurement for each item shall be in accordance with the Standard Specifications and a current unit price supplied for each item.
DelDOT has developed Standard Construction Details to provide consistency on State-maintained projects. Standard Construction Details may be purchased from DelDOT and are also available on DelDOT’s website (
The Standard Construction Details shall be utilized in the construction unless there is some unusual circumstance requiring a special design. The plans shall show construction details only for those construction elements not shown in the Standard Construction Details.
If there are engineering elements including but not limited to, structural designs required on a plan that are not included in the Standard Construction Details then detailed engineering shop drawings signed and sealed by a professional engineer shall be submitted to DelDOT for review and approval. All structural elements shall be designed in accordance with AASHTO LRFD Bridge Design Manual (latest revised edition). DelDOT’s Bridge Section will have the review and approval authority.
The project shall be constructed using the latest revised Standard Construction Details in effect at the date of Notice to Proceed.
Specifications for frequently used construction items have been prepared by DelDOT. Copies of these Standard Specifications may be purchased from DelDOT or are available online at (
The construction of subdivision streets shall be in accordance with the current DelDOT Standard Specifications. Should it be necessary to construct an item for which a standard does not exist or where it is desired to modify the Standard Specifications, special provisions shall be developed to provide the contractor the necessary information to construct the item. These special provisions as well as any other relevant information shall be bound and submitted with the final construction plans for review and approval.
The project shall be constructed using the latest revised Standard Specifications in effect at the date of Notice to Proceed, and the special provisions, as approved by DelDOT.
4.7.3 Special provisions shall be a bound document included as part of the final plan submission. This document shall include direction to the contractor on items that are not found in the Standard Specifications. These items may include, but not limited to, easements, environmental permits, special record plan notes, TIS recommendations, and agreements. This document may also include additional information, as requested by DelDOT, to assist in the implementation of the construction.
If the proposed roadway work is not contiguous with the land development proposal, the review of design and construction of stormwater management facility shall be performed by DelDOT’s ES2M for DSSR enforcement. The Stormwater Engineer will sign the plans upon determination of full compliance of the plans and reports with the requirements of DSSR indicating that the plans meet the requirements of State and Federal stormwater laws. DelDOT’s ES2M shall require 30 calendar days to review the plans and stormwater management report.
Plans for review shall be developed in half size (11”x17”) and arranged similar to DelDOT plans for consistency and ease of review. Section 1 of ES2M Design Guide contains a checklist which shall be completed and submitted with the plans along with a transmittal memo requesting the plans to be reviewed by DelDOT.
The stormwater management report shall be required in order to assess conformance with the provisions of DSSR. Section 2 of ES2M Design Guide describes the content of organization of the report that shall be followed.
The design of subdivision streets is to be in accordance with the latest standards published by the American Association of State Highway and Transportation Officials (AASHTO), DelDOT’s Road Design Manual, DelDOT’s Bridge Design Manual, DelDOT’s Design Guidance Memorandums and DelDOT’s Standards and Regulations for Subdivision Streets and State Highway Access. Where conflicts exist, DelDOT’s Standards and Regulations for Subdivision Streets and State Highway Access shall take precedence. 90o intersections are preferred. Intersection angles less than 70o are not permitted.
* Measured to the face of curb.
5.2.10 Profiles of entrances and exits shall be designed in accordance with these Standards and Regulations for Subdivision Streets and State Highway Access, and AASHTO’s standards. Maximum grades shall not exceed 8%. Vertical curve transition shall be provided at the intersection of the driveway profile and the cross slope of roadway shoulder extended.
5.2.16 At signalized intersections, sufficient storage length shall be provided on all left-turn lanes, and on all right-turn lanes that are controlled by separate signal heads (right-turn arrows), to accommodate the 95th percentile queues for those movements and to prevent those lanes from being blocked by the 95th percentile queues in the through lanes. Queue lengths shall be determined through Highway Capacity Software (HCS) analyses of the morning and evening weekday peak hours of the street where the entrance is located. For uses where other peak hours are relevant, e.g. the Saturday midday peak hour for shopping centers, or shift changes for factories, additional analyses may be required. State-Maintained Roadways – DelDOT’s Road Design Manual and AASHTO’s Roadside Design Guide shall be used when designing sideslopes and ditch sections associated with any entrance improvements.
The determination of a clear zone is a function of speed, volume, curvature, and embankment slope. The current edition of AASHTO’s Roadside Design Guide should be used for determining clear zone widths. For entrances onto rural collectors and rural local roads, a minimum clear zone width of ten feet from the edge of travel lane shall be provided. For subdivision streets, a minimum clear zone of three feet measured from the back of curb shall be provided.
See Design of Urban Highway Drainage - The State of the Art, August 1979, USDOT, FHWA for additional information on storm sewer design. Inlet Design. Inlet design for entrances shall be in accordance with DelDOT’s Road Design Manual. The following criteria shall be used for inlets within subdivision streets:
** The use of MP and HDPE must be approved by DelDOT.
Q = Rate of runoff in cubic feet per second.
C = Weighted runoff coefficient (average of the coefficients assigned to the different types of contributing areas).
i = Average rainfall intensity, inches per hour, for the selected frequency and for duration equal to the time of concentration.
A = drainage area, in acres, tributary to the point under design.
V = Velocity in feet per second
n = Manning’s coefficient of channel roughness
R = Hydraulic radius, in feet
S = Slope, in feet per foot
Values of Manning’s coefficients (n) for various types of channel linings as indicated in Figure 5-36 shall be used.
Plans for review shall be developed in half size (11”x17”) and arranged similar to DelDOT plans for consistency and ease of review. Section 1 of ES2M Design Guide contains a checklist which shall be completed and submitted with the plans along with a transmittal memo requesting the plans to be reviewed by DelDOT.
All structural designs shall be in accordance with DelDOT’s Bridge Design Manual and AASHTO’s Load and Resistance Factor Design (LRFD) Bridge Design Specifications.