CHAPTER 185

FORMERLY

SENATE BILL NO. 313

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER I, TITLE 17 OF THE DELAWARE CODE RELATING TO JURISDICTION, POWERS AND DUTIES OF THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.

WHEREAS, there are presently approximately 250 miles of suburban streets not dedicated to public use in this State which are in various stages and need repair and reconstruction: and

WHEREAS, this situation has been worsening due to lack of standards for and supervision of street construction on streets not dedicated to public use; and

WHEREAS, Delaware Code provides restrictions on standards for streets dedicated to public use within unincorporated suburban communities; and

WHEREAS, the General Assembly has an obligation to protect, provide and ensure these residents, within subdivisions containing streets not dedicated to public use, receive adequate streets on which to traverse without later encountering undue costs,

NOW, THEREFORE:

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

Section 1. That Section 131, Chapter I, Title 17 of the Delaware Code is hereby amended by adding thereto the following new subsections:

situated in unincorporated suburban communities throughout the State, which are built or created after July 1, 1975, shall be constructed in accordance with standards set forth by the Department of Highways and Transportation, Division of Highways, for streets dedicated to public use.

(f) The Department of Highways and Transportation, Division of Highways, is hereby authorized to inspect all suburban community street construction and to establish and collect fees for the inspection of said street construction in amounts deemed necessary to defray costs of administering this section. All fees collected shall be placed to the credit of the Department of Highways and Transportation, Division of Highways.

(g) All roads and streets situated in unincorporated suburban communities throughout the State which were built between July 1, 1951 and the effective date of this bill, whether paved or unpaved, shall, upon dedication of a right of way to public use, henceforth be under the absolute care, management and control of the Department of Highways and Transportation, Division of Highways, and shall be maintained, repaired and reconstructed by the said Department of Highways and Transportation, Division of Highways. Said right of way shall be determined by the Department of Highways and Transportation, Division of Highways, in accordance with physical conditions, but in no case shall be less than 30 feet in width.

() The Department of Highways and Transportation, Division of Highways, is hereby authorized and directed to immediately inventory all streets which may fall within this category and upon completion begin the necessary maintenance. Work to bring these roads up to proper standards, with due consideration for the immediate needs of certain areas, shall be undertaken as time and funds permit.

Section 2. This Act shall become effective on July 1, 1975.

Approved July 3, 1975