Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2300 - Division of Planning and Policy
2309 - Development Coordination Manual
Chapter 6 - CONSTRUCTION ADMINISTRATION
Section 6.6 - INDUSTRIAL STREETS

Universal Citation: 2 DE Admin Code 6.6

Current through Register Vol. 28, No. 3, September 1, 2024

6.6.1 Industrial Streets - Application Process

The application process for industrial streets follows the same procedures as subdivision streets presented in Section 6.5.1 with a separate security for industrial street construction being required in the amount of 10% of the itemized construction cost estimate, as approved by DelDOT. See the online content housed at http://devcoord.deldot.gov > Forms for related forms and agreements.

6.6.2 Industrial Streets - Notice to Proceed (NTP)

Requirements for obtaining a NTP for industrial streets follow the same procedures as subdivision streets presented in Section 6.5.2.

6.6.3 Industrial Streets - Inspection and Acceptance

The developer is responsible for providing inspection of the bonded internal industrial park streets as per the construction agreement. The developer's engineer shall be certified by the DelDOT Consultant Control Coordinator to perform construction engineering.

DelDOT reserves the right to inspect and approve any construction associated with the proposed development in accordance with Section 6.8 and the inspection procedures outlined in the DelDOT Construction Manual.

DelDOT also reserves the right to make such changes, additions, and relocations to the approved plans that may be considered necessary to ensure compliance with this Development Coordination Manual along with applicable guidelines and standards, such as those listed in Section P.9.1 of this manual, which include but are not limited to: Manuals, Guidelines and Policies published by the American Association of State Highway and Transportation Officials (AASHTO); DelDOT's Road Design Manual (RDM); DelDOT's Bridge Design Manual; DelDOT's Design Guidance Memorandums (DGM); DE MUTCD; other Nationally Accepted Standards (NAS) and ensure the safety of the traveling public. Non-compliant structures and roadside obstructions including brick mailboxes shall be removed at DelDOT's direction prior to final acceptance.

Upon completion of the construction, the following documents shall be submitted:

A. As-built construction plans - The as-built construction plans shall be a print of the approved construction plan annotated in red to show all revisions. The developer's engineer shall prepare this plan and submit it to the Public Works Engineer or his/her designee prior to the issuance of the letter recommending acceptance. In addition, the developer's engineer shall also submit an electronic plan version of the as-built construction plans for the industrial street to the Public Works Engineer or designee. The as-built plans shall show in red ink any alterations made in foundations; locations, lengths and elevations of pipe culverts; side ditches, ditch paving, and other drainage items added or altered; final checked stationing; and all other significant variations from the original plans. As-built plans will be required as part of the final acceptance. See Chapter 4 for electronic plan submission requirements.

B. A letter from the local land use agency stating that all work required by the land use agency is complete

C. A letter from DNREC or the DNREC-approved delegated agency stating that all work required by the agency is complete (if applicable)

D. A letter to DelDOT from the developer releasing DelDOT from any claims as a result of any unpaid bills or obligations. An affidavit releasing DelDOT is to be fully executed and furnished to the Public Works Engineer prior to the issuance of the letter recommending acceptance. See the online content housed at http://devcoord.deldot.gov/ for a sample affidavit.

E. A certification letter from the consultant inspection, per the Industrial Street Agreement (see the online content housed at http://devcoord.deldot.gov)

If the developer fails to satisfactorily complete industrial park street construction in accordance with the construction agreement for industrial park streets as determined by DelDOT, the developer shall receive written notice and have fourteen calendar days to provide DelDOT with an approved schedule for completion. If a schedule for completion has not been received within the specified time period, the developer shall receive a second written notice and have an additional seven calendar days to meet in person with DelDOT and present an approved schedule for completion.

Should the developer fail to provide a satisfactory construction schedule or fail to comply with the approved completion schedule, DelDOT shall withdraw its agreement and shall have the right to collect the construction security to correct the condition. All costs incurred in the removal and/or correction of defective workmanship and/or materials over and above the construction security shall be borne by the developer.

Upon completion of all aspects of the initial street construction to the satisfaction of the inspecting engineer, a semi-final inspection will be held. Once semi-final inspection punch list items have been completed and accepted, an accessibility inspection shall be scheduled. Once the accessibility inspection punch list items are completed and accepted, the first final inspection shall be requested. The Public Works Engineer or the Construction Group Engineer may then schedule a first final inspection which shall be conducted by DelDOT. DelDOT personnel, accompanied by the developer and/or his/her contractor, and representatives of the appropriate County and/or municipal officials, shall inspect the site and determine those items of work, if any, that must be either completed, repaired or replaced. After the first final inspection, a three-year waiting period is required, during which time, the 10% surety shall remain in effect, prior to the acceptance of said streets into DelDOT's maintenance system. At this time a final inspection shall be held to ensure that the streets as designed have held up to the anticipated traffic loading. The three-year waiting period is required by DelDOT because of the significantly higher traffic volumes that are typically generated by an industrial park type development and the heavier vehicle loadings that are experienced by the high percentage of truck traffic. DelDOT accepts no responsibility for maintenance or snow removal during the three-year waiting period.

Withdrawal of industrial park street construction approval for failure to complete the streets shall be cause to increase the required construction security to 100% on future industrial park street construction projects requested by the defaulting applicant.

Following completion of the three year waiting period and submission of required documentation to the satisfaction of the Public Works Engineer, the Public Works Engineer will recommend acceptance of the streets and shall prepare an "Acceptance Drawing and an Acceptance Statement" for signatures.

6.6.4 Industrial Streets - Maintenance

Upon acceptance of the streets into the State maintenance system, DelDOT agrees to the following limited maintenance responsibilities:

A. DelDOT agrees to maintain the following elements within the dedicated right-of-way or easements:
1. The paved portion of the roadway

2. Curbing and gutters

3. Closed drainage systems including inlets and pipes that convey roadway runoff

4. Open ditch systems adjacent to and parallel to the roadway, including entrance pipes, located within the right-of-way and easements that convey roadway runoff

5. Guardrails

6. DE MUTCD-compliant signs

B. While retaining all controls over the dedicated right-of-way, DelDOT assumes no responsibility for:
1. Maintenance of grass and plantings in any portion of the right-of-way, including landscaped islands and medians

2. Closed drainage systems, including inlets and pipes, outside of the right of way, that do not convey roadway runoff

3. Open drainage systems not within the right of way or easements, regardless of whether the system conveys roadway runoff

4. Removal of silt and debris that have a minimal impact on the drainage system in open swales, gutters and inlet openings

5. Removal and/or maintenance of improvements by occupants, such as landscaping, underground sprinklers, etc.

6. Maintenance of sidewalks, lighting, and entrance amenities

7. Physical removal of snow and ice

8. Non DE MUTCD-compliant signs

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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