CHAPTER 215

FORMERLY

SENATE BILL NO. 265

AN ACT TO AMEND CHAPTER 5, SUBCHAPTER I, TITLE 9 OF THE DELAWARE CODE, RELATING TO SUBURBAN COMMUNITIES IMPROVEMENTS WITH REGARD TO STREETS

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

Section 1. Amend §506 Subchapter I, Chapter 5, Title 9 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section which shall read as follows :

§506. Highway Department data

Immediately after the determination by the Levy Court or County Council that the community in question meets the requirements for a suburban community specified in §501 (i) of this Title, the Levy Court or County Council shall notify the Division of Highways of the State Department of Highways and Transportation of its determination. Upon receipt of such notice, the Division of Highways shall proceed to have surveys, plans, specifications and estimates of the cost of the improvement or improvements prepared. If the streets in question have been laid out or dedicated prior to January 1, 1971 the Division shall not require the right-of-way for such roads to be greater than thirty feet in width, unless a greater width has been set aside or dedicated in the original plan or map of such community.

In the preparation of surveys and plans the Division of Highways shall confer with the Regional Planning Commission or Department of Planning of the county in which the suburban community is situated, if the county has a Regional Planning Commission or Department of Planning.

Section 2. Amend §518, Subchapter I, Chapter 5, Title 9 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

§518. Rights-of-way; acquisition of; limitations on

(a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the State Department of Highways and Transportation may acquire the rights-of-way necessary for the suburban community construction project. In every respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the Division of Highways of the State Department of Highways and Transportation in acquiring rights-of-way for contracts.

(b) In the event of notification by the Levy Court or County Council pursuant to §506 of this subchapter the Division shall determine whether the streets in question have been laid out or dedicated prior to January 1, 1971. The Division shall not require the right-of-way for streets laid out or dedicated prior to January 1, 1971 to be greater than thirty feet in width, unless a greater width has been set aside or dedicated in the original plan or map of such community.

Approved July 17, 1973.