CHAPTER 85

ROADS AND BRIDGES REQUIRING CERTAIN NEW ROADS TO CONFORM TO SPECIFICATIONS OF STATE HIGHWAY DEPARTMENT

AN ACT TO AMEND CHAPTER 55 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "ROADS AND BRIDGES" REQUIRING CERTAIN NEW ROADS INTENDED TO BE DEDICATED TO PUBLIC USE TO BE CONSTRUCTED TO CONFORM TO SPECIFICATIONS OF THE STATE HIGHWAY DEPARTMENT; VIOLATION A MISDEMEANOR; JURISDICTION; PENALTIES; STATE HIGHWAY DEPARTMENT AUTHORIZED TO MAKE AND PUBLISH RULES AND REGULATIONS IN CONFORMITY HEREWITH.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 55 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended, by inserting after 1694. Sec. 50. of Article 3 thereof the following new section to be known as 1694A. Sec. 50A., as follows:

1694A. Sec. 50A. (a) On and after the effective date of this Act it shall be unlawful for any person, firm or corporation to construct or cause to be constructed, any new road or street not within the corporate limits of any city or town and intended to be dedicated by the owner thereof to the public use and which new road or street is or will be a continuation of or does or will connect with or intersect any existing public road or roads now or hereafter designed to be part of the general highway system of the State of Delaware, except in conformity with plans and specifications to be approved by the State Highway Department.

(b) Before commencement of any such construction, the owner and the person, firm or corporation actually engaged in such construction, shall first post with the State Highway Department a good and sufficient bond to the State of Delaware in such amount as may be fixed, but not to exceed ten per centum of the estimated cost of such construction, and with surety or sureties to be approved by the State Highway Department, which said bond shall be conditioned on the faithful performance of the obligations imposed by Paragraph (a) hereof.

(c) It shall be the duty of the State Highway Department to inspect from time to time any new road or street being so constructed and upon the satisfactory completion of such construction in conformity with its plans and specifications the State Highway Department shall so notify the owner of said new road or street and upon the dedication by said owner of the said street to the public use, it shall be the duty of the State Highway Department immediately thereafter to assume the sole and absolute care, management and control of said new road or street as a public road or street.

() The State Highway Department is hereby authorized to make and publish rules, regulations and specifications for said construction work in conformity with this chapter.

(a) Any person, firm or corporation violating the terms and conditions of this Act shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars.

(b) Nothing herein contained shall prohibit the completion of any new road or street actually under construction on the effective date of this Act and which construction would otherwise be hereby prohibited but the State Highway Department shall not be required hereby to assume the sole and absolute care, management and control of such new road or street.

Section 2. This Act shall become effective on July 1, 1951.

Approved May 11, 1951.