2 Del. Admin. Code § 1.4

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

Section 1.4 - ACCESS APPLICATION AND APPROVAL PROCESS - APPLICATION

The application with supporting documents and plans shall be submitted to the Subdivision Engineer for review and approval. All documents shall be submitted electronically. Plans shall be in pdf format.

All fees shall be submitted in accordance with Section 1.7.

1.4.1Approval of Application

The approval of the application shall be subject to the following conditions:

A. The application shall be properly and clearly completed. Applications found to be unsatisfactory shall be returned for correction and resubmission.

B. The location, design, and construction of driveways and entrances shall meet the geometric requirements. Necessary provisions for drainage, pavement types and thicknesses, sight distance and other construction details shall conform to the current requirements.

C. When access facilities cannot be provided in accordance with DelDOT's requirements due to limitations particular to the site or where the applicant refuses to comply, the access application for the intended use may be denied.

1.4.2Access Application and Approval Process - Review of the Plans

DelDOT's Record Plan requirements are outlined in Chapter 3. The applicant must gain approval of the Record Plan and receive the letter of "No Objection to Recordation" prior to obtaining entrance approval. Submission of a Record Plan and issuance of a letter of "No Objection to Recordation" is required independent of the local land use agency's requirements, 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. DelDOT's letter of "No Objection to Recordation" shall be valid for a period of 5 years DelDOT's Entrance/Construction Plan approval shall be valid for a period of 3 years, and DelDOT's "Letter of No Contention" approval letter shall be valid for a period of 1 year. Once the approval expires, plans will need to be resubmitted for review with the proper fee. No extensions of the approval will be granted.

The requirements for the subdivision street and entrance plan are outlined in Chapter 4. DelDOT will review and comment on the preliminary entrance plan prior to issuance of a letter of "No Objection to Recordation" to the local land use agency.

Upon addressing all comments provided by DelDOT, the entrance/construction plans can be submitted. When DelDOT notifies the applicant that the final entrance/construction plans meet the requirements outlined in this Development Coordination Manual, the applicant shall submit signed and sealed plans for final approval by DelDOT.

1.4.3Access Application and Approval Process - Construction

The applicant shall submit construction documents (application, security, plans) for the work as outlined in Chapter 6. After review and approval of the security and the required construction documents, the Public Works Engineer shall issue the Notice to Proceed (NTP). No work shall be undertaken until the NTP is issued by DelDOT. For commercial sites, a Commercial Entrance Construction Permit will be issued in addition to NTP.

Upon completion of the construction to the satisfaction of DelDOT, in accordance with the terms of the Permit, DelDOT shall release the security and issue an entrance permit or begin the acceptance procedure when appropriate.

2 Del. Admin. Code § 1.4

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016)
23 DE Reg. 378 (11/1/2019) (Final)