2 Del. Admin. Code § 2401-4.0

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

Section 2401-4.0 - Design Requirements for Rights-of-Way Utility Installations Within DelDOT-maintained Highways and Streets

4.1 Types of Work

4.1.1 Maintenance and new service installation work: this work consists of maintaining existing utility facilities and installing new services or utility distribution facilities. This work is not the result of a DelDOT highway project and is coordinated through the district public works office for the county where the work is performed.

4.1.2 Project Design and Facility Relocation Work. This work results from highway construction projects that require relocating utility facilities. Project design work is coordinated through the utilities engineer and utilities section.

4.1.3 Responsibility and Dispute Resolution. The District Public Works Section administers permit work in its respective district under the authority of the district engineer and, ultimately, the director of maintenance. The construction group engineer administers highway construction projects under the authority of the assistant director of construction. The assistant directors of project development and bridge are responsible for project designs and the assistant director of right-of-way (chief of ROW) is responsible for the utility section. The chief engineer has authority over the project development, bridge, right-of-way/utilities, and construction sections of DelDOT. Any situations that cannot be resolved through the normal process may be forwarded to the appropriate authority.

4.2 Highway Safety and Temporary Traffic Control. DelDOT considers highway safety the highest 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 required to provide appropriate temporary traffic control within work areas.

4.2.1 Temporary Traffic Control. Measures shall be taken for protection and safe operation of traffic and workers during and after installation of utility facilities. For all utility maintenance or construction operations within public highway rights-of-way.

4.2.1.1 All temporary traffic control shall conform to the requirements specified in the DE MUTCD and any other applicable state and federal regulations.

4.2.1.2 A temporary traffic control plan, referencing the DE MUTCD Part 6 and, if applicable, the appropriate Typical Applications, shall be submitted and approved whenever a permit is required.

4.2.1.3 Failure by a utility to provide for traffic safety shall be cause for immediate suspension of operations. The work will not be allowed to continue until the District is satisfied that the proper traffic control is established.

4.2.1.4 In all questions of interpretations of the DE MUTCD, the judgment of the Chief of Traffic Engineering or designee shall be final. The protection prescribed for each situation shall be based on the speed and volume of traffic, duration of operation, various modes of traffic and exposure to hazards.

4.2.1.5 No work shall occur over live traffic. If it is required that work be performed over a travel lane or a turn lane or bike lane, a lane closure shall be required. If it is required that work be performed over pedestrian facilities, the pedestrian facility shall be closed, and a pedestrian detour shall be required.

4.2.2 Temporary Traffic Control and Safety References

4.2.2.1 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.

4.2.2.2 The DE MUTCD explains in detail the principles and requirements of temporary traffic control and safety standards. It covers temporary traffic control procedures, responsibilities of involved parties, required training for personnel, and descriptions of approved control devices. The traffic control and safety standards are to be implemented through the training and supervision of utility employees.

4.2.2.3 Failure to meet the standards of the DE MUTCD will result in stoppage of work until deficiencies are brought into compliance.

4.2.3 Temporary Traffic Control Plan

4.2.3.1 The temporary traffic control plan is an important aspect of a project. It shall be prepared by a professional engineer registered in the State of Delaware and understood by all affected parties before work begins. In preparing the temporary traffic control plan, the appropriate typical applications in the DE MUTCD shall be followed. A plan for Maintenance of Pedestrian Traffic, including plans, specifications, and standards to provide a clear and positive manner for pedestrians to safely approach and traverse through temporary work zones, shall be required when the proposed work impacts established pedestrian access routes. The plan must be submitted, or temporary traffic control typical application shall be identified when applying to the District Office for a utility construction permit. Temporary traffic control for design work is coordinated with the highway contractor, the highway construction project supervisor, and the construction section to ensure proper safety standards are employed.

4.2.3.2 The utility work within the right-of-way, except work associated with DelDOT highway project not requiring a permit as referred to in subsection 4.1.2, shall not begin until the District approvals have been obtained and the approved permit and supplementary information, including temporary traffic control plan, is on the job site. Once the job has begun, the utility inspectors must ensure that the plan is followed throughout the project.

4.2.3.3 In the case of emergency work where there is no prior approval of a temporary traffic control plan; the utility is still required to follow the DE MUTCD and the utility shall be prepared to immediately set up whatever temporary traffic control may be required to protect the public and perform necessary repair work.

4.2.3.4 On construction projects where utility adjustments are made simultaneously with the highway contractor's operations and the highway contractor provides the temporary traffic control, the utility is not required to prepare a temporary traffic control plan.

4.2.3.5 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 subsection 6.4.2.2.

4.2.4 Flaggers and Temporary Traffic Control

4.2.4.1 Certified flaggers per the DE MUTCD are required in controlling traffic when flagging operations are needed.

4.2.4.2 DelDOT has specific requirements for flagger warning signs, safety clothing, training, and associated flagger concerns, as described in the DE MUTCD. Utility personnel acting as flaggers shall abide by these requirements.

4.2.5 Inspection of Temporary Traffic Control

4.2.5.1 Routine inspections of temporary traffic control elements must be made to ensure acceptable levels of operation. DelDOT has the right to inspect traffic control in a manner and at a frequency determined in the sole discretion of DelDOT.

4.2.5.2 When a utility or utility contractor fails to follow the approved temporary traffic control plan, inspectors may suspend the work within DelDOT right-of-way until the required temporary traffic control is in place. Failure to follow the temporary traffic control plan violates 21 Del. C. § 4105 and is subject to punishment by law.

4.3 Location of Utility Facilities. When planning utility locations on highway rights-of-way, consideration must be given to sound engineering principles, public safety, and economic benefits to the state.

4.3.1 Planning must consider safety, the visual quality of the highway, and efficiency of maintenance. The following items must also be considered:

4.3.1.1 Minimal 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 shall 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);

* The Statewide Long Range Transportation Plan;

* Dover/Kent County Metropolitan Planning Organization (MPO);

* DNREC Dam Safety Engineer - if near a dam; and

* DelDOT Representatives (Utility Engineer, District Public Works Office, Project Development Personnel, Bridge Personnel, Traffic Safety, etc.).

4.3.1.2 Minimal Future Interference to Traffic. Consider methods to maintain utility facilities with minimum interference to highway traffic.

4.3.1.3 Safe Traffic Operation and Preservation of Future Space. New longitudinal installations shall be located on a uniform alignment as near as practicable to the right-of-way line to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations. Above-ground facilities shall meet the additional criteria being outside the clear zone.

4.3.2 General Standards. The following standards apply to all utilities:

4.3.2.1 Retired Facilities

4.3.2.1.1 The utility shall notify DelDOT of the intention to retire its facilities in place. Such retired installations within the right-of-way shall remain the responsibility of the utility unless an executed agreement or other form of written documentation is supplied to DelDOT showing the responsibility was transferred to another entity. The utility shall keep documentation of the facility as being disconnected or retired and shall provide it to DelDOT during coordination of projects. The utility shall also install RFID markers along any subsurface retired facilities at disconnected or capped locations so they can more easily be identified in the future. RFID markers shall be programmable and shall be programmed with utility owner name, contact phone number, facility material type, and facility size at a minimum.

4.3.2.1.2 If retired facilities cause issues with the operation, maintenance, or reconstruction of the highway, DelDOT shall notify the Utility to this problem and require the facilities be addressed. If maintenance issues persist, DelDOT may give notice to require the removal of all or part of retired utility facilities or the filling of any such facility by an approved method and restoration of the right-of-way. All utility facilities shall be properly purged of material and sealed at all open ends consistent with industry standards and federal, state, and local laws prior to retirement. Any utility facility that is proposed to be retired and removed by the utility owner must be disposed of consistent with industry standards and federal, state, and local laws.

4.3.2.1.3 When a new pole is being installed to replace an existing pole, all utilities shall be transferred from the old pole within 60 calendar days. The owner of any retired pole within the right-of-way of the state-maintained highway or street is responsible for ensuring its removal within 10 calendar days of the last utility being removed unless otherwise agreed to by the District Public Works office. See subsection 6.1.4.4.

4.3.2.2 ADA. The location of utility facilities and appurtenances shall be in accordance with the Americans with Disabilities Act (ADA) and the DelDOT Pedestrian Accessibility Standards (PAS). Utility Devices and appurtenances shall not be located where they would interfere with the accessibility of facilities nor create a negative impact to the accessibility of the facilities. If the proposed utility work will impact any existing pedestrian facilities, the utility company will be required to bring the impacted facilities up to the DelDOT Pedestrian Accessibility Standards. For examples of ADA responsibility associated with Utility work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-c.pdf. Any negative impacts that are created by utilities shall be remediated by the utility. If they are not remediated, non-compliance procedures in accordance with subsection 5.9 may be initiated. A Utility may not use the Utility Exception or Deviation procedures outlined in subsection 5.8 to avoid compliance with this section. If a Utility wishes to get an exception from these provisions, a Request for Practical Exception in accordance with the DelDOT PAS shall be required.

4.3.2.3 Clear Zone Policies and Lateral Offset

4.3.2.3.1 The locations of aboveground utility facilities shall be consistent with the clearances applicable to all roadside obstacles for the type of highway involved and consistent with clear zone and clear roadside policy. See the DelDOT Road Design Manual and the AASHTO Roadside Design Guide for more details related to providing a clear recovery area to increase safety, improve traffic operations, and enhance the aesthetic quality of highways by designing, constructing, and maintaining highway roadsides as wide, flat, and rounded as practical and as free as practical from natural or manufactured hazards such as trees, drainage structures, nonyielding sign supports, highway lighting supports, and utility poles and other ground-mounted structures.

4.3.2.3.2 Clear zones are established for new highway construction and major reconstruction projects. Utilities shall determine the clear zone widths and lateral offsets for specific locations for utility work performed under permits. The calculation of clear zone widths and information on lateral offsets is explained in the DelDOT Road Design Manual and the AASHTO Roadside Design Guide.

4.3.2.3.3 If there is no feasible alternative to locating appurtenances protruding more than four inches above the ground line within the clear zone, the appurtenances, including fire hydrants, shall meet breakaway criteria. Breakaway devices must be certified as meeting the breakaway characteristics established by AASHTO Manual for Assessing Safety Hardware (MASH), National Cooperative Highway Research Program (NCHRP), or FHWA. Appurtenances protruding more than four inches that are breakaway shall not be located within 1.5 feet from the face of curb. Fixed objects may not be placed in the clear zone without going through the exception process.

4.3.2.3.4 Utility poles that are placed within the clear zone shall be properly delineated by either a yellow reflective band installed around the utility pole or a vertical rectangular object marker with yellow reflective sheeting. If an object marker is used, it shall be a minimum of 12 inches wide by 18 inches tall with one used on each side of the utility pole facing approaching traffic. The marker must be placed between four and five feet above the ground.

4.3.2.4 Perpendicular Crossings. Underground utility lines shall cross the highway on a line perpendicular to the highway alignment.

4.3.2.5 Delineators. All appurtenances existing outside of the paved surface and protruding from the ground greater than one inch, but less than 24 inches shall be properly delineated so that they are visible during mowing operations. The delineator shall be constructed of a durable, UV resistant, flexible material that will not pose a safety hazard to a vehicle or bystander if struck. It shall provide assured long-term outdoor durability, provide impact resistance, be colored in accordance with the American Public Works Association (APWA) color code for the associated utility, and contain a label with utility company, contact number, and facility information clearly identified. The delineator shall be a permanent installation with the base embedded at least 18 inches into the ground. Maintenance of the delineator and replacement when delineators are no longer functional shall be the responsibility of the utility company.

4.3.2.6 Ownership. The utility is responsible for the maintenance and relocation of all facilities located within DelDOT right-of-way whether facilities are active or retired. Ownership of facilities located within the DelDOT right-of-way shall not be transferred to individual property owners.

4.3.3 Highways with Fully Controlled Access: Delaware highways with full access control include interstate, expressway, and freeway, as defined by the functional classification.

4.3.3.1 Crossings. Underground crossings may be allowed if it is determined the crossing and installation does not affect safety. Aerial crossings are not permitted. Where a utility company has no alternative but to aerially cross a highway with fully controlled access, the company must follow the exception process described in subsection 5.8.

4.3.3.2 Lateral Positioning

4.3.3.2.1 Longitudinal installations of utilities shall not be permitted on fully controlled highways. Frontage roads, where provided, may be used for placement of utilities with the approval of DelDOT.

4.3.3.2.2 Utilities located on existing highway rights-of-way, where the highway facility is being upgraded to a fully controlled access highway, shall be moved outside of the rights-of-way of the fully controlled access highway.

4.3.3.2.3 Utilities Along Highways that Cross a Fully Controlled Access Highway. Where a utility follows a highway that crosses a fully controlled access highway, the utility shall cross the fully controlled access highway on the location of the highway, and generally within its right-of-way. The utility shall be serviced without access from the fully controlled access highway. All work is subject to State and FHWA regulations in effect at the time.

4.3.4 Highways. On 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.

4.3.4.1 Aboveground Utilities Along Highways-Lateral Positioning. The following constraints apply to the location of any aboveground facilities along a highway. Utilities can submit exceptions to these requirements for DelDOT consideration in accordance with subsection 5.8.

4.3.4.1.1 Clear Zone. At grade and above ground utilities protruding greater than four inches, placed longitudinally on DelDOT's right-of-way, shall be positioned in accordance with subsection 4.3.2.3.

4.3.4.1.2 Curves. Aboveground installations shall not be placed on the outside of curves on roadways where the speed limit is above 30 miles per hour. Rebuilding or upgrading existing facilities currently on the outside of a curve shall conform to this section unless outside of the adjusted clear zone or lateral offset.

4.3.4.1.3 Daylight Corners, Medians, and Traffic Islands. Aboveground features such as poles, guys, enclosures, etc. shall not be placed in corner cuts ("daylight corners") or medians or on traffic islands.

4.3.4.1.4 Incorporated Areas. In incorporated areas, aboveground utilities shall be placed as close as possible to the right-of-way line. In curbed sections, the utilities shall be located as far as possible behind the curb and in compliance with the ADA and the DelDOT PAS. Utility facilities shall never be closer than the lateral offset established in the AASHTO Roadside Design Guide as discussed in subsection 4.3.2.3.

4.3.4.1.5 Occupy One Side of Roadway. Every effort shall be made to place a utility's lines on one side of the roadway. New aerial service connections shall be avoided if possible. DelDOT will not issue a Utility Construction Permit authorizing the placement of utility facilities by the same company along both sides of a highway absent an authorized exception.

4.3.4.1.6 Pole Foundations. When pole foundations will be utilized, the utility shall submit foundation designs signed and sealed by a Delaware Professional Engineer with the permit application.

4.3.4.1.7 Slopes and Ditches. Poles, guys, stub poles, or other utility equipment or utility structures may not be placed in front slopes or ditch bottoms.

4.3.4.1.8 Joint-Use Single-Pole Construction. Joint-use single-pole construction shall be used at locations where more than one utility or type of facility is involved. The pole owner shall ensure that the pole is sized in accordance with industry standards to allow space for existing and future joint-use utility facilities. Note: The holder of a franchise shall not grant permission to another utility facility to jointly occupy its pole line without the other utility providing the pole owner with a copy of their executed DelDOT Master Franchise or verification from the District Public Works or the DelDOT Utilities Engineer of having an executed Master Franchise agreement on file with DelDOT.

4.3.4.1.9 Spacing: Pole line designs shall be performed to maximize pole spacing and limit the quantity of poles utilized. Minimum spacing shall be 150 feet.

4.3.4.2 Utilities Along Highways-Vertical Positioning

4.3.4.2.1 Overhead electric power and communications structures, lines and cables shall be installed in compliance with the National Electrical Safety Code.

4.3.4.2.2 The owner of utility facilities is responsible for moving them to eliminate any existing or proposed 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 and to maintain safety clearances required in applicable laws, codes or regulations.

4.3.4.3 Historic Sites, Scenic Areas, Parks, etc.

4.3.4.3.1 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.

4.3.4.3.2 Such areas include public parks 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.

4.3.4.3.3 DelDOT may permit exceptions provided that the conditions described in the current program guide utility relocation and accommodation on federal-aid highway projects are met.

4.3.4.3.4 Relocation of pre-existing utility facilities from overhead to underground is subject to reimbursement within the guidelines described in Section 6.0.

4.3.4.4 Utilities in Denial-of-Access. Where DelDOT has established a denial-of-access, utilities that require an entrance or access, either improved or unimproved, shall not be permitted.

4.3.4.5 Subdivisions and Industrial Parks

4.3.4.5.1 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.

4.3.4.5.2 A utility shall obtain a utility construction permit for work in new subdivisions. All utilities shall install facilities in accordance with this regulation and all applicable Federal, State, and local requirements. Upon completion and acceptance of the subdivision streets, the utilities that are located within the right-of-way shall be franchised in accordance with the existing Master Franchise for each utility.

4.3.4.5.3 Utilities in a Subdivision must be located according to the following standards:

4.3.4.5.3.1 Utilities will be allowed within the right-of-way, outside of the paved surface.

4.3.4.5.3.2 The main lines of longitudinal underground utilities must be located between the right-of-way line and the curb or edge of pavement-except for sanitary sewers. If sanitary sewers cannot be located outside of the roadway, they may be allowed under pavement but should not be located under the wheel path. Sanitary sewer manholes may be placed along the center of the roadway. Service lines may cross under the paved area to connect residences with main lines.

4.3.4.5.4 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 DelDOT. However, any utilities that are upgraded shall be located per subsection 4.5.

4.4 Design

4.4.1 Utility's proposed design in all cases shall:

4.4.1.1 Protect the integrity of the roadway or highway structure.

4.4.1.2 Minimize interference with traffic during installation and maintenance of the facility.

4.4.1.3 Minimize highway maintenance problems for DelDOT.

4.4.1.4 Avoid conflicts with other uses of the rights-of-way.

4.4.2 Maintenance and New Service Installation

4.4.2.1 The utility shall submit a permit application to the District Public Works Section to review for approval/rejection of work requiring new facility installation; facility maintenance, repairs, or reconstruction; pole upgrades, rebuilds, or replacements; and certain utility functions required prior to highway construction. The District Public Works Sections shall supply permit submissions to and review them with the DelDOT Utility Section if the proposed work area is within the limits of an active or proposed DelDOT highway project to ensure no potential conflicts. A highway project is considered active until DelDOT's final acceptance, after which it is considered complete. If the District Public Works Section deems the permit acceptable after consulting with appropriate DelDOT sections, the District Public Works Section will approve:

4.4.2.1.1 The proposed location for the utility facility.

4.4.2.1.2 The utility's method of installing or attaching the facility and repairing the highway or structure.

4.4.2.2 DelDOT will review and approve the temporary traffic control plan to ensure highway safety, including the safe and free flow of traffic and pedestrians.

4.4.2.3 Project Design and Facility Relocation: Includes removing and reinstalling permanent or temporary facilities; acquiring necessary right-of-way on new locations; moving, rearranging, or changing existing facilities; and taking any necessary safety and protective measures. It shall also cover constructing a replacement facility that is functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, and sequence of highway construction.

4.4.2.4 On DelDOT highway construction projects, the utilities engineer will coordinate, review, and approve the utility's proposed plans for the following:

4.4.2.4.1 Location of the facility, either in its existing position or in a relocated position.

4.4.2.4.2 Methods of installing or attaching the facility and repairing the highway or structure.

4.4.2.4.3 Timing of any proposed adjustments and relocations.

4.4.2.4.4 Reimbursement of work in accordance with the requirements of Delaware Code as outlined in this regulation.

4.4.2.5 Requirements

4.4.2.5.1 Utility installations on, over, or under the rights-of-way of state highways and utility attachments to highway structures, shall meet or exceed the requirements listed below, as well as any other applicable codes or regulations in place at the time of Notice to Proceed (NTP) or permit authorization.

4.4.2.5.2 Electric Power and Communications. National Electric Safety Code (NESC).

4.4.2.5.3 Water Transmission and Distribution. American Water Works Association (AWWA).

4.4.2.5.4 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.

4.4.2.5.5 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.

4.4.2.5.6 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, 193, and 195.

4.4.2.5.7 Fiber Optic Facilities. Standard for the physical location and protection of below-ground physical plant (EIA/TIA-590); also NESC provisions for communications cable.

4.4.2.5.8 Provisions for future expansion of utility facilities are to be made when planning for adjustments to existing facilities or preparing for new installations.

4.4.2.5.9 Underground utilities shall utilize safe trenching practices when preparing their designs and constructing their facilities. Both the utilities and their contractors shall comply with all Occupational Safety and Health Administration (OSHA) requirements while working on highway rights-of-way. If unsafe work environments exist, work shall stop until safe conditions are established or restored.

4.4.2.5.10 Other Permits

4.4.2.5.10.1 Utilities are responsible for obtaining all required permits from municipal, state, and federal agencies and railroads for all work they have performed. It is also the utility's responsibility to obtain all required permits for DelDOT road construction projects and when the utility or its contractor is performing the relocation work.

4.4.2.5.10.2 DelDOT will support and cooperate with the utility in obtaining such permits when the relocation work is associated with a highway project. 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;

* DNREC Dam Safety permit;

* DNREC Coastal Construction Permit or Letter of Approval;

* Floodplain permit;

* U.S. Coast Guard permit;

* U.S. Army Corps permits (404, 408, etc.);

* Sediment and Stormwater permit;

* Railroad crossing permits;

* All Municipal required permits; or

* DelDOT Entrance Permits.

4.4.2.5.10.3 The utility will not be responsible for obtaining a Sediment and Stormwater permit when the utility work is within the highway contractor's limit of construction and the utility is performing the work when the highway contract is active. However, it is the individual utility's responsibility to seed and stabilize all disturbed areas associated with their work in accordance with DNREC regulations upon completion. If the disturbed areas are not properly restored, especially in association with a DelDOT project, DelDOT may take further action to obtain compliance as outlined in subsection 5.9. Where authority over the ROW is shared, utilities shall coordinate with all impacted stakeholders having defined ROW responsibilities.

4.5 Utility Clearances and Depth of Cover

4.5.1 Positioning and Clearances

4.5.1.1 Vertical and horizontal clearances between utilities and utility clearances above roadways shall conform to the utility codes cited in subsection 4.4.2.5.1 and any other applicable industry codes and standards.

4.5.1.2 Aerial utility lines crossing a highway or commercial entrance shall provide at least 18 feet of clearance at maximum sag conditions. Clearance over railroads shall be at least 23.5 feet at maximum sag conditions. Clearance over sidewalks shall be at least 80 inches at maximum sag conditions. Clearance over shared use paths shall be at least 96 inches at maximum sag conditions.

4.5.2 Depth of Cover

4.5.2.1 Depth of cover shall conform to the utility codes cited in subsection 4.4.2.5, the requirements in subsection 4.6, and any other applicable codes and regulations. Minimum depth of cover for all installations is 42 inches below the finished surface of the pavement.

4.5.2.2 Underground utilities shall be in the subgrade material and shall not be in the pavement box. Regardless of the minimum depth of cover requirements, if the depth of the pavement box is greater than the minimum cover, greater cover shall be required. DelDOT may request greater cover in some instances due to the type of road construction or other circumstances affiliated with proposed work or site conditions.

4.5.3 Highway Appurtenances

4.5.3.1 Utilities shall provide the minimum overhead clearances above the roadway defined in the references listed in subsection 4.4.2.5. Appropriate clearances from signal poles and street lighting shall also be maintained, as applicable codes require. DelDOT may request greater clearances due to construction and maintenance practices or other circumstances affiliated with proposed work or site conditions.

4.5.3.2 Utility accesses and valve covers shall not be in the roadway. If there is no feasible alternative, they shall not be in a wheel path or in the centerline of the roadway.

4.5.3.3 The horizontal placement of appurtenances shall be in accordance with the clear zone and lateral offset requirements described in subsection 4.3.2.3, the DelDOT Road Design Manual, AASHTO Roadside Design Guide, and A Policy on Geometric Design of Highways and Streets (AASHTO's Green Book).

4.6 Underground Installations

4.6.1 Underground Utilities Crossing Highways

4.6.1.1 Utility crossings in deep cuts, near bridge and retaining wall footings, in wet or rocky terrain where it is difficult to obtain minimum cover, and at highway cross drains where flow of water, drift, or streambed load may be obstructed are not preferred. Crossings shall be located so that the following conditions are not encountered:

4.6.1.1.1 Placements where attaining minimum cover would be jeopardized due to anticipated or encountered field conditions.

4.6.1.1.2 Placements running through paved or unpaved berm slopes under structures.

4.6.1.1.3 Underground utility lines shall not cross laterally within 50 feet of a bridge or dam.

4.6.1.1.4 Underground utility facilities shall not be located above corrugated metal pipes. See subsection 4.3 for more information regarding crossings of highways. Refer to subsection 4.6.2 for more information regarding pipelines.

4.6.1.2 Installation Methods

4.6.1.2.1 Trenchless Methods

4.6.1.2.1.1 Utilities shall provide construction plans for proposed trenchless operations for approval by the District Public Works Section when applying for a utility construction permit. For DelDOT highway projects, construction plans shall be provided to the utility coordinator assigned to the project prior to approval of the proposed operations.

4.6.1.2.1.2 Pits for underground installations are not permitted in existing pavement or a proposed paving area. The pits shall be excavated no closer to the roadway than five feet from the edge of an improved shoulder. Where the shoulder is dirt or grass, the pit excavation shall remain at least 10 feet from the edge of pavement. For curb-and-gutter sections, pits must be a minimum of five feet from the back of the curb. When adequate shoring is detailed in design and utilized in construction, pits may be 2 feet from the edge of the pavement.

4.6.1.2.2 Open Cutting

4.6.1.2.2.1 The open cutting of a roadway for the purpose of working on or installing new underground facilities is the secondary method for installation when trenchless methods are not feasible. Open cutting of any roadway may not be permitted for at least five years after resurfacing or reconstruction.

4.6.1.2.2.2 In the event open cutting is allowed, the utility shall restore the area in accordance with subsection 4.8.

4.6.1.2.2.3 Utilities shall not cover open trenches with steel plates between November 1 and March 31.

4.6.2 Pipelines

4.6.2.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed. DelDOT considers vents, drains, markers, manholes, and shutoffs as parts of pipeline installations.

4.6.2.1.1 Permits. Utilities shall obtain approval from the District Public Works Office for any new pipeline or anticipated change to the current design or operation of a pipeline. The permit application shall specify the applicable codes to be used.

4.6.2.1.2 Except for gravity sanitary sewer where manholes are present and accessible, all newly installed facilities shall be locatable. See subsection 4.6.3.4 on Non-Metallic Pipe for more details.

4.6.2.1.3 Placement of Pipeline. When pipelines are installed longitudinally, the pipeline shall be placed as close as possible to the right-of-way line, unless approved otherwise in a municipality or suburban development. The placement shall not interfere with highway drainage or with the structural integrity of the traveled way, shoulders, or embankment.

4.6.2.2 Pipeline Crossings

4.6.2.2.1 Pipe, conduit, sewer, or other similar facility shall not be placed inside or through any drainage pipe, inlet, junction box, etc. Neither shall objects be placed across the ends of any drainage pipe or culvert to obstruct the flow of water.

4.6.2.2.2 Pipelines crossing streams shall be securely suspended above flood lines or laid beneath streambeds.

4.6.2.3 Pipeline Appurtenances

4.6.2.3.1 Manholes. Manholes may not be in the traveled way or centerline of any highways except in Subdivisions as outlined in subsection 4.3.4.5. Installations shall avoid intersections. Manholes shall be designed and located so that they will not interfere with other utilities and planned highway expansion. Manholes shall not be in the flow line of ditches, within the curb line, or the wheel path of traffic. All manholes shall be flush with the finished grade.

4.6.2.3.2 Valves. Isolation valves shall be placed at or near the ends of structures. Automatic shut-off valves shall be preferred. Valves and valve access points shall be placed outside of pedestrian access routes and shall not be located within the curb line.

4.6.2.4 Pipeline Installation

4.6.2.4.1 Pipeline Crossings shall be identified by delineators as described in subsection 4.3.2.5.

4.6.2.4.2 Pressurized Pipelines shall be pressure-tested to assure they are watertight, if applicable, and completely without leaks. See subsection 4.4.2.5.4, Pressurized Pipelines.

4.6.2.4.3 Pipeline Depth requirements are outlined in utility codes cited in subsection 4.4.2.5. Utilities shall conform to such codes whenever applicable. Pipelines may not be permitted in the pavement box.

4.6.2.5 Pipeline Crossings

4.6.2.5.1 Pipelines shall be placed a minimum 42" below pavement finished grade under highway. The critical control for the depth of cover on a non-cased pipeline crossing is the low point in the highway cross-section. Normally, this is the bottom of the longitudinal ditch. Additional protection shall be provided for any pipeline with less than minimal cover. These measures shall provide physical protection to facilities using suitable bridging or concrete slabs.

4.6.2.5.2 Longitudinal. Pipelines in the highway right-of-way must be placed at least 24 inches below the finished surface. Lines crossing ditches must be placed at least 24 inches below the ditch flow line. The nearest edge of the trench is to be at least five feet from the edge of pavement or back of curb line.

4.6.2.5.3 Clearances Between Utilities. All utilities shall be separated from one another as required by appropriate codes and ordinances, typically 12 inches minimum.

4.6.2.5.4 Hazardous Transmittants. Crossings by pipelines carrying a hazardous liquid (as defined in Code of Federal Regulations Title 49 Part 195.2) or liquefied gas (including propane) or other hazardous material as listed in Code of Federal Regulations Title 49 Part 172 shall not be allowed. Natural gas pipelines, however, will be allowed via the permit review and approval process through the District Office.

4.6.2.6 Casings. DelDOT requires Casings or Encasements under the following circumstances:

4.6.2.6.1 All crossings of full-access-control roadways (interstate highways, toll roads, freeways) shall be cased or encased;

4.6.1.6.2 All crossings of existing or proposed arterial and collector roadways shall be cased or encased. Arterial and collector roadways are identified on the DelDOT Functional Classification Maps;

4.6.1.6.3 Casings or encasement are required for crossings of existing or proposed major entrances to commercial facilities or residential subdivisions;

4.6.1.6.4 Jacked or bored installations of coated carrier pipes shall be cased; and

4.6.1.6.5 Encasement or other suitable protection shall be given for any pipeline with less than minimum cover, across unstable or subsiding ground, near other locations where hazardous conditions may exist.

4.6.2.7 Casing Placement. DelDOT requires Casings or Encasements under the following circumstances:

4.6.2.7.1 Casings shall extend at least five feet beyond the curb, pavement, projected fill slopes, or ditch lines to assure proper support of roadways during any repairs to pipelines. For all access-controlled highways, the casing shall extend from right-of-way line to right-of-way line or outside outer curbs; and

4.6.2.7.2 If necessary, the utility shall acquire enough right-of-way or private easements to remove or replace the utilities.

4.6.2.8 Casing Types

4.6.2.8.1 Casings shall be designed to support the load of the highway and superimposed loads thereon and at least equal the structural requirements for highway drainage facilities. Corrugated materials shall not be allowed.

4.6.2.8.2 Hazardous Transmittants. The casings for facilities transmitting hazardous materials shall be of steel pipe of standard manufacture. The joints shall be welded or fused sealed around the entire circumference of the pipe as industry standards and regulations allow. Natural gas facilities may be cased with polyethylene pipe of a design to sustain the live and dead loads currently used in Delaware highway design.

4.6.2.8.3 Non-Hazardous Transmittants. The casings for facilities transmitting non-hazardous materials shall be of a design to sustain the live and dead loads currently used in Delaware highway design. Such materials include steel pipe, reinforced concrete pipe, cast iron pipe, polyethylene pipe, fused PVC, and ductile iron pipe.

4.6.2.9 Casing Installation

4.6.2.9.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed. When a pipeline casing is placed under a roadway, all installations are to be made by trenchless methods and shall be outside the pavement box. If coated pipe is used for jacking or boring, the same pipe shall not be used as the carrier pipe.

4.6.2.9.2 Other requirements for installation are as follows:

4.6.2.9.2.1 Sealing of Casing. Casing pipe shall be sealed at the ends with a flexible material to prevent flowing water and debris from entering the annular space between the casing and the carrier. Where carrier pipes that carry hazardous transmittance are cased, the casing pipes shall be provided with a screened vent on each end that is as near as feasible to the right-of-way boundaries.

4.6.2.9.2.2 Drains. Drains shall be provided for casings and tunnels enclosing carrier pipes containing liquid, liquefied gas, or heavy gas. Drains may not outfall into roadside ditches. Such outfall may not be used as a wasteway for purging the carrier unless specifically authorized by a National Pollutant Discharge Elimination System (NPDES) permit.

4.6.2.9.2.3 Vents. Where carrier pipes that carry combustibles are cased, the casing pipes shall be provided with a screened vent on each end that is as near as feasible to the right-of-way boundaries. Other requirements are as follows:

4.6.2.9.2.3.1 Vents required for cased pipes shall be located at the high end of casings less than 150 feet long and at both ends of casings longer than 150 feet.

4.6.2.9.2.3.2 Vent standpipes and warning markers shall be located and constructed so as not to interfere with the maintenance of the highway nor be concealed by vegetation.

4.6.3 Electric, Communication and CATV

4.6.3.1 The requirements discussed earlier in this chapter describing installations and maintenance of pipelines crossing highway rights-of-way as related to casings, markers, and installations shall be applied to underground electric, CATV, and communications lines greater than two inches in diameter. The minimum depth of cover for these cased crossings is 42 inches under a highway.

4.6.3.2 For underground electric, CATV, and communications lines two inches or less in diameter:

4.6.3.2.1 Where a conduit or casing is placed under highway, all installations shall be made by trenchless methods. The casing shall be placed a minimum of 42 inches below the finished surface.

4.6.3.2.2 Where a conduit or casing is placed under an existing roadway other than a highway, installations shall be made by trenchless methods. The casing shall have a minimum nominal diameter of two inches and is to be placed a minimum of 24 inches below the finished surface, the bottom of ditches and not in the pavement box.

4.6.3.2.3 When the conduit or casing is placed parallel to the paved surface, the minimum depth of cover shall be 24 inches. The utilities shall also conform to the National Electric Safety Code and any other utility codes cited in subsection 4.4.2.5.

4.6.3.3 Burial Methods. Where the burying of cable is permitted along the edge of pavement, it may be done by plowing or trenching methods. The nearest edge of the trench shall be at least 5 feet from the edge of the pavement. The minimum depth of bury for CATV, communications, and electric is 24 inches outside of pavement, however, these utilities shall also conform to the National Electric Safety Code and any other applicable regulations. Plowing or trenching lines shall be parallel to the centerline of the road between intersecting roads. Where possible, utilities shall coordinate and collocate in trenches.

4.6.3.4 Locatability. Installations of non-metallic pipe shall include a tracer material that is detectable by locating devices. Non-metallic gravity sanitary sewer systems where manholes are present and accessible are exempt from this requirement. Metal tape shall not be used as tracer wire. It is the Utility's responsibility to ensure all non-metallic facilities are detectable after installation is complete and shall demonstrate it is traceable to DelDOT. If the facilities are not detectable, DelDOT shall require further action which may include removal of facilities. Locatability of retired facilities shall be in accordance with subsection 4.3.2.1.

4.6.3.5 As-Builts. As-built plans shall be submitted to the district office or utility engineer for all underground installations upon completion of the work. As-built plans shall accurately portray the size, type, and material of the facilities along with the horizontal and vertical location. If as-builts are not provided, DelDOT may take further action to obtain compliance as outlined in subsection 5.9.

4.7 Attachments to Bridges (and Other Structures)

4.7.1 General

4.7.1.1 Attaching utility facilities to a highway structure can materially affect the structure, the safe operation of traffic, and the efficiency of maintenance, safety inspections, and structural repairs.

4.7.1.2 New attachments of utility facilities shall not be allowed on existing structures. If a utility believes there is no feasible alternative the exception process outlined in subsection 5.8 shall be followed.

4.7.1.3 Utility facilities shall not be attached to ancillary structures owned or maintained by DelDOT including above-ground structures like sign structures, streetlights, and camera poles.

4.7.1.4 DelDOT may enter into an agreement to reimburse the utility to design and inspect facility support and protection during DelDOT projects as described in subsection 6.3. Refer to the OSHA Technical Manual for requirements.

4.7.1.5 The utility shall have an executed Utility Attachment Agreement for attaching any utility to a structure.

4.7.2 Structure Reconstruction and New Construction. If DelDOT, through the exception process in subsection 5.8, approves the attachment, the utility shall agree to having the facility installed by the DelDOT's contractor at the price assigned to this bid item within the DelDOT construction project bid, at the utility's expense. The utility shall reimburse DelDOT in accordance with the terms of the agreement outlining the conditions of occupancy.

4.7.3 Existing Structures. The following policies apply to utilities on existing structures:

4.7.3.1 Existing utilities attached to a structure can remain if they are not impacted by a DelDOT project.

4.7.3.2 Existing utilities shall be relocated off the structure if DelDOT's project requires either temporary or permanent relocation.

4.7.3.3 Any utility that plans to replace a facility attached to a structure shall relocate the facility off the structure.

4.7.3.4 The utility shall submit their choice of contractor to the District Public Works Engineer or designee on its choice of contractor and have the District Public Works Engineer's consent. The utility shall pay for DelDOT inspection, and DelDOT inspector on site during the construction.

4.7.3.5 Utilities may request exception for attached facilities in accordance with the exception procedures outlined in subsection 5.8.

4.8 Preservation and Restoration

4.8.1 Preservation

4.8.1.1 Utilities shall get a permit for spraying, cutting, and trimming trees on public highways or street rights-of-way.

4.8.1.2 Where tree removal is permitted, stumps shall be removed, and the resulting holes shall be properly backfilled to limit settlement in accordance with the DelDOT Standard Specifications. Note: Requirements for tree removal may be different within the limits of a state-regulated dam and shall be coordinated with the DNREC Dam Safety Engineer.

4.8.1.3 When working under a permit for spraying, cutting, or trimming trees, utilities shall follow the ANSI Standard A300 (Part 1) 2017 entitled Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices for vegetation management.

4.8.1.4 For all future transportation projects and maintenance activities on existing highway alignments, trees shall be replaced in accordance with Delaware Code Title 17 Chapter 1 Section 7. Trees will not be allowed to be replanted within the limits of a state regulated dam.

4.8.1.5 Utilities shall ensure that appropriate erosion control devices are in place before work starts and properly maintained during construction. The surface area disturbed by utility installations or relocations shall be kept to a minimum.

4.8.1.6 Utility installations shall be performed in such a manner as to not disturb the existing highway or private drainage facilities. Any damage to the facilities by the utility company or its subcontractors shall be repaired to the satisfaction of DelDOT at the utility company's expense.

4.8.1.7 Utilities shall provide protection for all elements in the right-of-way and shall repair anything damaged.

4.8.2 Restoration

4.8.2.1 Damage to highway traveled way, shoulders, and drainage features caused by utility installations or repairs shall be immediately restored to their original condition unless conditions such as cold weather warrant temporary restoration. The roadway shall be immediately restored with asphalt pavement material and made flush with the surface of the roadway or as directed by the District Public Works Office for permit projects. The utility shall complete all permanent restoration within 30 days, or as directed by the Public Works Engineer. If utilities have not completed restoration within 30 days, noncompliance regulations as discussed in subsection 5.9 will take effect. Temporary patches from winter months shall be permanently restored by May 15 before noncompliance action as outlined in subsection 5.9 will be taken. Damage to roadside areas in the right-of-way shall be repaired as specified by the District Public Works Section. Restoration is also necessary when utilities are working on active construction sites. The construction engineer will determine any necessary repairs and timeframes for work associated with active highway construction projects. A project is considered active until DelDOT's final acceptance, after which it is considered complete.

4.8.2.2 Utilities shall restore any damaged areas to a state equivalent to or better than roadway conditions prior to utility work. In all cases, the District Public Works Section will determine the extent of restoration required for permit projects. Utilities will conduct all such work at their expense and in accordance with the appropriate DelDOT Standard Specifications and Standard Construction Details.

4.8.2.3 After satisfactory completion, utilities shall maintain non-pavement restoration for 12 months. Furthermore, utilities must maintain pavement patches in areas impacted by utility work including Pedestrian Access Routes (PAR) such as sidewalks for a period of three years.

4.8.2.4 Traveled way - General. To maintain traffic, not more than one lane of traffic shall be closed at a time whenever a traveled way is cut unless a detour plan is approved by DelDOT to allow the road to be closed. All crossroad cuts for utilities will be made perpendicular to the longitudinal centerline of the traveled way, and perpendicular to the plane of the finished subgrade. All patches shall extend a minimum length of three feet from either end of the cut (as measured along the roadway centerline) and the full width of the lane or lanes disturbed. To ensure integrity of the roadway and to minimize future maintenance issues, the District Public Works or DelDOT Construction personnel may require pavement restoration areas to be extended beyond what is outlined in the Standard Construction Details if there are multiple cuts in roadways within proximity to one another. DelDOT can require resurfacing of the roadway up to a maximum of 200 feet (as measured along the roadway centerline) on each side of a trench crossing a highway to tie into an existing joint line. Any lane encroachment of one foot or more requires restoration of the full lane width. Before reopening the lane, the area shall be made usable for traffic.

4.8.2.5 Flowable Fill. Flowable fill can be used for restoration of crossroad cuts with approval from DelDOT. Flowable fill shall meet the requirements of DelDOT's Standard Specifications. Flowable fill shall not be used around flexible pipes unless stone is placed one foot around and above the flexible pipe.

4.8.2.6 Temporary Highway Patches

4.8.2.6.1 If immediate repairs to the traveled way are not feasible and if the District Public Works Section concurs, a temporary patch may be used until permanent repairs are completed. The minimum design requirements for temporary patches include at least eight inches of compacted graded aggregate overlaid by at least two inches of Type C asphalt pavement material. When weather conditions prohibit the use of such mix, District Public Works may approve 10 inches of compacted graded aggregate overlaid by at least two inches of cold patch mix in certain locations. In all cases, greater patch sections may be required by the District, the Utilities Engineer, or the Construction Section.

4.8.2.6.2 Trench width and backfill requirements shall meet those outlined for permanent patches in the DelDOT Standard Construction Details and Standard Specifications.

4.8.2.7 Surface Treatments and Asphalt Pavement Materials

4.8.2.7.1 The DelDOT Standard Construction Details illustrate the requirements of permanent crossroad or longitudinal utility patches for surface-treated asphalt pavement roads and shoulders. Note that this is a minimum patch unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with highway projects. If the existing roadway has a thicker cross section than indicated in the detail, it will be replaced with the same cross section or will be repaired as directed by the District Public Works Section for permit work, or the DelDOT Utility Section or DelDOT Construction for highway projects.

4.8.2.7.2 The compaction requirements for both the patch material and the backfill material are covered in DelDOT's Standard Specifications.

4.8.2.8 Portland Cement Concrete Pavements

4.8.2.8.1 Portland cement concrete (PCC) streets and roads shall be patched as described in the DelDOT Standard Specifications and in accordance with the DelDOT Standard Construction Details.

4.8.2.8.2 An approved concrete saw shall be used to make a vertical, full depth cut in the concrete pavement to ensure a straight, clean, vertical surface.

4.8.2.9 Asphalt Pavement Overlays on PCC Pavements Utility patches made in PCC pavements with asphalt pavement overlays shall comply with the DelDOT Standard Specifications and gain approval of the District Public Works Section (for permit work) or DelDOT Construction (for highway projects). The required patch layout is illustrated in DelDOT's Standard Construction Details.

4.8.2.10 Roadsides

4.8.2.10.1 All areas disturbed in the right-of-way shall be restored to conditions at least equivalent to those existing prior to construction or utility work. The restoration shall occur as soon as the work is completed. For projects that are longitudinal, the restoration shall occur in order with installation. Areas not restored within 30 days of disturbance (weather permitting) will be considered non-compliant.

4.8.2.10.2 Trenching, pipe bedding and permanent patching shall be done in accordance with the DelDOT Standard Construction Details.

4.8.2.10.3 Trenches shall be backfilled or covered immediately after installation of the utility facility. They may not be left open overnight because they pose a hazard to the public. Steel Plates may be utilized in accordance with the DelDOT Standard Details including restrictions on dates of use.

4.8.2.10.4 The backfill material and compaction method shall meet the requirements of the DelDOT Standard Specifications.

4.8.2.10.5 Excavated material not meeting the requirements for backfill shall be removed from the area immediately after excavation. Material that is satisfactory for backfill shall be stockpiled in a safe and orderly manner. For permit work, District Public Works can approve storage on the roadway if necessary. For work related to a highway project, DelDOT Construction can approve. Material stockpiled in the immediate work area shall not pose a hazard to the traveling public. All materials shall be stockpiled in accordance with the rules established by the DE MUTCD.

4.8.2.10.6 For Highway projects and permit work, the utility company shall be responsible for the removal and disposal of all unsuitable material. The Utility company shall be responsible for supplying and installing suitable material.

4.8.2.11 Manholes and Valve Boxes

4.8.2.11.1 Where manholes or valve boxes are repaired in pavement areas, backfill shall be placed in 8-inch layers (loose measurement) and thoroughly compacted - the same as for trenches in pavement areas. The backfill material (Type C Borrow) and compaction method shall meet the DelDOT Standard Specifications.

4.8.2.11.2 During construction, areas around manhole lids and valve boxes shall be dug by a non-destructive method. The details of proper roadway patching around manhole lids are shown in Appendix G, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-g.pdf.

4.8.2.12 Test Holes

4.8.2.12.1 Test holes shall be performed in accordance with the ASCE 38 standard.

4.8.2.12.2 Test holes shall be dug by a nondestructive method such as by vacuum removal in a hole less than 36 square inches. The repair shall be only the size of the hole. The fill shall be compacted in lifts, and the same amount of stone, asphalt pavement, concrete, etc., as the existing roadway, shall be replaced in accordance with the Standard Specifications. Hydro excavation of test holes may not be permitted within the right-of-way.

4.8.2.12.3 Small holes (up to two inches in diameter) bored in the surface for any type of utility testing or maintenance shall be repaired with a flexible embedding sealer (cold poured resilient type epoxy joint sealer) or standard methods approved by the District Public Works Section.

4.8.2.12.4 Depending on the quantity and location of the test holes, additional restoration may be required as directed by Public Works, the Utility Engineer, or DelDOT Construction. Similarly, if a restored test hole is not holding up within timeframes outlined in subsection 4.8.2.3, additional restoration shall be required as directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with highway projects.

4.8.2.12.5 Key holing of test holes may be permitted upon approval by Public Works for permit work, the Utilities Engineer for DelDOT projects in design or the DelDOT Construction Engineer for DelDOT projects in construction.

4.8.2.13 Highway Construction Projects

4.8.2.13.1 The restoration requirements defined in this chapter apply to the placement of utilities on existing roadways and rights-of-way. Where utility relocations and adjustments are made in conjunction with a highway improvement project, some portions of the restoration by the utilities may be unnecessary. In these circumstances the DelDOT Utilities section or DelDOT construction section will direct which portions of the restoration requirements may be waived.

4.8.2.13.2 The utility company is responsible for restoring all sedimentation and erosion control measures to their original conditions and for maintaining temporary patches.

4.8.2.14 Sidewalks and Shared Use Paths

4.8.2.14.1 Temporary patches of sidewalk and shared-use paths shall be of a material that is firm, stable and slip-resistance.

4.8.2.14.2 The DelDOT Standard Construction Details illustrate the requirements of sidewalks and shared-use paths. Note that this is a minimum patch unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with highway projects. If the existing sidewalk or path has a thicker cross section or is wider than indicated in the detail, it shall be replaced with the same cross section or width or will be repaired as directed by the District Public Works Section for permit work or the DelDOT Utility Section or DelDOT Construction for highway projects.

2 Del. Admin. Code § 2401-4.0

26 DE Reg. 618 (1/1/2023) (Final)