CHAPTER 585

FORMERLY HOUSE BILL

NO. 955 AS AMENDED BY

HOUSE AMENDMENTS NO. I AND 2

AN ACT TO AMEND CHAPTER 1 OF TITLE 17, DELAWARE CODE RELATING TO SIDEWALK CONSTRUCTION.

WHEREAS, the absence of sidewalks is a continuing problem in many urbanized areas throughout the State of Delaware, particularly in school districts where sidewalks are essential to the protection of students who have to walk to and from school; and

WHEREAS, political subdivisions of this State have recognized this deficiency by requiring land developers to include sidewalks in their plans for residential properties; and

WHEREAS, similar reasoning is logical to apply to any major arterial, minor arterial, or collector road construction or road widening projects throughout the State; and

WHEREAS, from a total cost standpoint, plus the transportation equation, appropriate time for sidewalk construction is concurrent with new road construction or road widening.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 132 of Title 17, Delaware Code, by adding thereto a new subsection to be designated as subsection (f) to read as follows:

(f) Whenever the Department of Highways and Transportation widens, constructs, or reconstructs any major arterial, minor arterial, collector road, or proposed road in an urbanized area of this State, the Department shall incorporate within such plans, layout, widening, construction or reconstruction the construction of sidewalks; provided however, that there is a need for sidewalks or that it can be reasonably anticipated that the need for sidewalks will exist. The Department shall have the responsibility

for determining whether such need for sidewalks does or will exist, for all or any part of any such project, and before arriving at a decision as to the need of such sidewalk construction, shall consult with the County Department of Planning, the State Planning Office, the Department of Public Instruction, and the local School District wherein the proposed new road construction or road widening construction is to take place. The cost of such sidewalk construction shall be included in the total cost of the new road construction or road widening project. The provisions of this subsection shall apply only to projects funded pursuant to acts authorizing the State of Delaware to borrow money to be used for capital improvements and to issue bonds and notes therefor enacted after January 1,1973.

Section 2. This Act shall become effective upon the signature of the Governor.

Approved July 25,1972.