(a) (1) No person, firm or corporation shall construct, or cause to be constructed any new road or street outside the corporate limits of any city or town and intended to be dedicated by the owner thereof to the public use, including the initial installation of traffic and street name signs, unless such road or street is in conformity with plans and specifications approved by the Department and with this section. At a minimum, the initial installation of street name signs must include the placement of such signs at each intersection of the new street with any other street, capable of being read from each direction on any street at each intersection. The new road or street shall be a continuation of an existing or proposed public road designed to be part of the general highway system of the State. Such construction shall be performed pursuant to a written agreement, signed by the developer as hereinafter defined incorporating but not limited to the plans and specifications approved by the Department, the posted security for completion, the location of any decorative subdivision entrance signs installed by the developer, and whatever other terms the Department, in its sole discretion, determines may be necessary. The owner or person actually engaged in any development or construction of residential or commercial property as determined by the Department which will affect or require access onto state-maintained highways, streets and roads shall be known as the “developer” for purposes of this section.

(2) Pursuant to the terms of this section and such rules, regulations, standards and/or regulations as may be adopted by virtue thereof, the Department shall accept such roads or streets constructed in compliance herewith into the state maintenance system; provided, however, that with regard to any road or street constructed to serve any dwelling, building or facility, etc., other than single family residences, the Department shall have the sole discretion as to whether such road or street shall be accepted into the state maintenance system.

Terms Used In Delaware Code Title 17 Sec. 508

  • Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) Before commencement of any construction undertaken pursuant to this section, including the installation of utilities within the dedicated right-of-way, the developer shall first post with the Department a good and sufficient bond, certified check, letter of credit or other form of security in a manner and form approved by the Department and in such amount as may be fixed, but not to exceed 10% of the estimated cost of such construction as approved by the Department, which bond, certified check, letter of credit or the like, shall be conditioned on the faithful performance and satisfactory completion of the obligations imposed by subsection (a) of this section. In the event the developer, regardless of corporate name, has been adjudged by the Department to be in violation of this section and/or has not maintained a satisfactory record of compliance on repair and construction completion as determined by the Department, then the Department may require a bond, certified check, letter of credit or other form of security, consistent herewith in an amount not to exceed 100 percent of the cost of such construction.

(c) (1) The Department shall inspect any new road or street being constructed in accordance with this section as well as any construction including utilities within the road or street right-of-way to insure that the construction is in conformity with standards, plans and specifications approved by the Department. Upon dedication of the right-of-way to the public use and satisfactory completion of the street or road construction including its connection to an existing state maintained road within the sole judgment, discretion and approval thereof by the Department, the Department shall so notify the developer that the new road or street has been accepted into the state maintenance system and that the dedicated right-of-way has been accepted according to the terms of such acceptance.

(2) A signature from a Department inspector shall be obtained before the Department can accept a road from a developer into the state maintenance system.

(3) The Department shall inform by letter an officer of the maintenance association, if any, in the development in which the road will be dedicated, that the Department has accepted the road from the developer. The Department shall send copies of such letter to the state Senator and state Representative. Such letter shall indicate the acceptance date of the roadway or roadways and an explanation of the State’s 3-year good faith warranty.

(4) The Department, upon acceptance, shall thereafter assume the sole and absolute care, management and control of the new road or street as a public road or street. Until such time as the Department accepts the new road or street, the developer or the developer’s legal successor in interest shall be solely responsible for maintenance thereof.

(5) The Department’s standards for newly constructed residential subdivision streets include a decorative sign that includes the name of the subdivision and a logo of the State’s famous patriot, Caesar Rodney. These new signs shall be installed at each newly approved subdivision and shall be paid for by the developer or developers of such subdivision. Existing subdivisions may also request the Department to install these new signs in place of other signs previously used by the Department. Such requested replacement signs shall be paid for by the subdivision or from Community Transportation Funds allocated by a legislator requesting such signs. The Department shall replace existing standard signs damaged by vandalism, accident, or the ravages of time with standard signs under its regular maintenance program, unless the decorative alternative has been requested under the provisions of this subsection.

(d) In order to carry out the purpose of this section, the Department shall make and publish rules, regulations, standards and/or specifications for planning, designing, constructing and maintaining any new road or street.

(e) The bond, certified check, letter of credit or other acceptable forms of security, posted with the Department shall be immediately due and owing upon failure of the developer to meet the obligations set forth in the agreement executed pursuant to this section. Upon failure of the developer to comply with the standards, plans and specifications and/or with the terms of the said construction agreement, the Department may:

(1) Withdraw any approval to construct such road or street which it has given pursuant to this section and may thereafter notify the appropriate governmental agency to cease issuance of occupancy permits for dwellings in the construction area;

(2) Proceed to forfeiture of the bond, certified check, letter of credit or other form of security;

(3) Move to fine violators pursuant to this section;

(4) Seek specific performance of the developer’s agreement;

(5) Within its sole discretion, conditionally accept and satisfactorily complete the road or street and recover damages in the amount of completion costs and incidental expenses from the developer; and/or

(6) Institute whatever other legal or equitable actions necessary to cause the streets to be completed.

(f) Any person, firm, corporation, developer and/or the like which does not comply with this section shall, within 100 days of written notification by the Department of such violation, be punished by fine of not less than $100 nor more than $1,000 for each offense, and the further sum in an amount equal to the amount fined for the initial offense for each and every day such violation exists; provided that the total fine shall not exceed the total estimated cost of street construction and incidental expenses related thereto.

(g) Any funds received as the result of action taken pursuant to this section shall be utilized by the Department to carry out the general purposes of this title.

(h) Any developer who is found to be in violation of this section by the Department shall thereafter be unable to conduct business in the State until all conditions created by such developer constituting a violation have been corrected to the satisfaction of the Department.

(i) Justice of the Peace Courts shall have jurisdiction over violations of this section to the extent that they are hereby granted the authority to order forfeiture of the security posted pursuant to this section and may impose the fines set forth in subsection (f) of this section.

Code 1935, c. 55; 48 Del. Laws, c. 85, § ?1; 17 Del. C. 1953, § ?508; 59 Del. Laws, c. 180, §§ ?5-7; 60 Del. Laws, c. 630, § ?1; 62 Del. Laws, c. 349, § ?1; 68 Del. Laws, c. 405, § ?52(a); 69 Del. Laws, c. 409, §§ ?1-3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 150, § ?74; 71 Del. Laws, c. 318, § ?6; 75 Del. Laws, c. 98, § ?103;

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