DEPARTMENT OF TRANSPORTATION
Division of Planning and Policy
PROPOSED
PUBLIC NOTICE
2309 Standards and Regulations for Subdivision Streets and State Highway Access
Background
As authorized under 17 Del.C. §§132(e), 507, 508, and 29 Del.C. §8404(8), inter alia, the Delaware Department of Transportation, ("DelDOT"), through its Division of Planning and Public Policy, seeks to adopt general revisions to its existing regulations regarding development coordination.
The current regulations were enacted in March of 2015. The proposed regulations address some sections of the manual that were inadvertently changed during final adoption as well as proposed regulations that address procedural changes in the way we do business, and the addition of clarifying language. The changes take into account the issues and concerns identified and addressed as needing amendment by not only DelDOT staff, but also the end users of the current regulations.
Public Comment Period
DelDOT will take written comments on these proposed general revisions to Section 2309 of title 2, Delaware Administrative Code, from May 1, 2015 through May 31, 2015. The public may submit their comments to:
Marc Coté, P.E., Assistant Director, Planning Development Coordination via email (Marc.Cote@state.de.us) or in writing to his attention:
Division of Planning
Delaware Department of Transportation
P.O. Box 778
Dover, DE 19903
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Existing Development Coordination Manual Regulations can be found in the DE Administrative Code at:
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Summary of Proposed Changes to the Development Coordination Manual
(due to the size of the actual regulations, the affected chapters are
available in their entirety at the links provided in this posting)
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Sec/Fig
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Para.
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DelDOT Comment/Proposed Change
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Justification
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P.4.2
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1st
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Add clarifying language regarding No Objection to Recordation (LONOR) issuance: ",except in such individual cases where DelDOT determines that the proposal does not create any transportation impacts and does not trigger entrance/access improvements that would require further review by the Department."
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Allows for administrative correspondence to peer agencies when proposed site changes would pose "No Impact" with respect to DCM requirements.
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P.6.B
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-
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Add clarifying language regarding Letter of no Contention (≤ 199 ADT LONC) or LONOR issuance: "as required (or exempted) in P.4.2"
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Allows for administrative correspondence to peer agencies when proposed site changes would pose "No Impact" with respect to DCM requirements.
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P.7.B
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-
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Add clarifying language regarding Letter of no Contention (≥ 200 ADT LONC) or LONOR issuance: "as required (or exempted) in P.4.2"
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Allows for administrative correspondence to peer agencies when proposed site changes would pose "No Impact" with respect to DCM requirements.
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3.4.2.F
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-
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Add language directing users to more information: "and Appendix M for more information"
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Provide additional data to assist users in developing the Traffic Generation Diagram.
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4.3.7.U
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-
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Add language directing users to more information: "(see Appendix M for example)"
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Provide additional data to assist users in developing the Traffic Generation Diagram.
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4.4.3.U
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-
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Add language directing users to more information: "(see Appendix M for example)"
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Provide additional data to assist users in developing the Traffic Generation Diagram.
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5.5.4
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2nd
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Add clarifying language. See Section 5.5.4 for full details of the revision.
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Expanded list of site-conditions provided to help explain when additional underdrain may be required.
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6.4.1.G.3
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-
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Add clarifying language: "This requires completion of a Federal W-9 form and a Delaware State Substitute W-9 form available online at http://accounting.delaware.gov/w9_notice.shtml"
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Text is updated to explain that a Federal W-9 Form is required along with Delaware State Substitute W-9 form.
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6.5.1.E.3
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-
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Add clarifying language: "This requires completion of a Federal W-9 form and a Delaware State Substitute W-9 form online available online at http://accounting.delaware.gov/w9_notice.shtml"
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Text is updated to explain that a Federal W-9 Form is required along with Delaware State Substitute W-9 form.
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6.5.2.1
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3
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Revised Language: "Upon receipt of approved construction drawings and following review of items required in Section 6.5.1, the Public Works Engineer will evaluate the items specified in Section 6.5.2 prior to issuance of a permit for entrance construction final “Notice to Proceed” letter. The permit will serve as the notice to proceed, allowing the developer to proceed with permanent street construction within the subdivision."
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Previous text incorrectly described a "Permit" process. Text revised to follow current practice.
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6.7.1.D.3
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-
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Add clarifying language: "This requires completion of a Federal W-9 form and a Delaware State Substitute W-9 Form online available online at http://accounting.delaware.gov/w9_notice.shtml"
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Text is updated to explain that a Federal W-9 Form is required along with Delaware State Substitute W-9 form.
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6.7.3.B
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1
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Language Replaced. See Section 6.7.3.B for full details of revision.
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Paragraph replaced to reflect current practice, and correct clerical error that was made during manual revisions that occurred prior to adoption.
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8.2
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1
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Add Language to allow for more expedient resolution of improper entrance usage pending notification and actual construction process being complete. See Section 8.2 for full details of revision.
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Situations occur where ongoing use of an improper entrance (or use of non-permitted access) poses traffic or safety concerns, current process results in lengthy delays pending implementation of full notification process and eventual construction work.
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8.2.D
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-
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Add new action to listed steps for resolution of improper entrance usage. Allow for streamlined process when voluntary compliance is achieved. See Section 8.2.D for full details of revision.
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When there are no physical entrance improvements that must be removed or corrected, the notification/construction part of this process adds much delay. The ability to pursue voluntary compliance provides greater benefit much more quickly.
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8.5.2
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-
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Revise Language in this Section to resolve confusing regulation. See Section 8.5.2 for full details of revision.
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The text has been revised to better define a threshold between being able to utilize a standardized improved entrance as shown in Figure 8.5.2-a vs. requirement for a full entrance plan submission.
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Figure 8.5.2-a
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-
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Minor revisions including updates to reflect changes within Section 8.5.2 listed above. See Figure 8.5.2-a for full details of revision.
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Changes to the figure's legend provide updates to reflect changes proposed in Section 8.5.2.
Additionally: the term "Min." for lane/shoulder widths has been edited for consistency, and the "revised date" label has been removed.
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8.5.2
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-
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Add Language in this Section to require an MOT Plan and a Lines and Grades Plan to allow for adequate consideration of traffic safety and constructability prior to permitting. See Section 8.5.2 for full details of revision.
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Practice in the field has demonstrated there are potentially gaps in the consideration of traffic safety and constructability vs. the more detailed requirements used when completing a full entrance plan submission.
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Please Note: Due to the size of the proposed regulation it is not being published here. The following links to the several parts of the proposed regulation are provided below:
Preface (http://regulations.delaware.gov/register/may2015/proposed/Preface.pdf)
Chapter 3 Record Plan Design (http://regulations.delaware.gov/register/may2015/proposed/Chap3.pdf)
Chapter 4 Construction Plans (http://regulations.delaware.gov/register/may2015/proposed/Chap4.pdf)
Chapter 5 Design Elements (http://regulations.delaware.gov/register/may2015/proposed/Chap5.pdf)
Chapter 6 Construction Administration (http://regulations.delaware.gov/register/may2015/proposed/Chap6.pdf)
Chapter 8 Miscellaneous Access Guidelines (http://regulations.delaware.gov/register/may2015/proposed/Chap8.pdf)
