Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2300 - Division of Planning and Policy
2309 - Development Coordination Manual
Chapter 8 - MISCELLANEOUS ACCESS GUIDELINES
Section 8.2 - IMPROPER ENTRANCES
Current through Register Vol. 28, No. 3, September 1, 2024
Should DelDOT find that an access or an entrance is in violation of this Development Coordination Manual, the property owner will be contacted and required to immediately cease and desist from the use of this access or entrance as long as such action does not violate relevant law. The following actions shall be taken in order to gain compliance:
A. The Public Works Engineer shall notify the property owner by registered mail of the nature of the violation. The property owner shall be given 20 business days from the date of the receipt of the notification to submit to DelDOT a schedule to correct the violation.
B. In the event that the property owner fails to correct the violation within the time specified or to comply with DelDOT's request, the Public Works Engineer shall notify the Property owner by registered mail that the violation is to be corrected within ten days. Failure to comply with the second notification shall cause DelDOT to seek compliance in accordance with the remedies permitted by the Delaware Code, including closing and/or removing the entrance.
C. All costs incurred by DelDOT incidental to obtaining compliance with these entrance requirements, including closing and/or removing the entrance, shall be borne by the property owner.
D. In the event that there are no physical entrance improvements that must be removed or corrected, steps A through C shall be deferred provided that the property owner complies with the requirement to immediately cease and desist from the use of this access or entrance. Situations such as vehicles crossing unpaved or grassy areas to take secondary access and other similar cases will be resolved in this way when possible.
