CHAPTER 130

SENATE BILL NO. 220

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 17, AND CHAPTER 5, AND 96, TITLE 9, DELAWARE CODE RELATING TO THE JURISDICTION, POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION OVER ROADS AND STREETS WITHIN THE COUNTIES NOT DEDICATED TO THE PUBLIC USE AND TO THE RECORDING OF DEEDS TO REAL ESTATE FRONTING ON SUCH STREETS AND ROADS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §131(e) of Subchapter Ill, Chapter I, Title 17, Delaware Code by striking paragraph (e) In its entirety and substituting in lieu thereof a new paragraph (e) to read as follows:

"(e) All roads and streets not dedicated to the public use and intended to be private, situated in unincorporated suburban communities in Sussex County, which arc constructed after the effective date of this section shall be so constructed in accordance with the: 'Rules and Regulations for Private Subdivision Streets and Roads' as established by the Sussex County Council. These "Rules and Regulations for Private Subdivision Streets and Roads" shall, in addition to specifying standards for the design and construction of private streets and roads, get up a mechanism to provide for the perpetual maintenance of such private streets and roads. In addition, the following provisions shall apply to all such streets and roads:

(1) In the event that the "Rules and Regulations for Private Subdivision Streets and Roads" have not been established by Sussex County Council or such rules and regulations have been established and there is no mechanic T1 contained therein to provide for the perpetual maintenance of private subdivision streets and roads, 911 such roads or streets shall be constructed in accordance ,villa standards set forth by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use.

(2) Private roads or streets shall not he accepted for maintenance by the State until the right of way for the streets or roads has been dedicated to the pu:)lic use, accepted by the State and the streets and roads constructed or reconstructed at the expense of the property owners in accordance with the standards established by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use in accordance with Title 9, Chapter 5, Suburban Community Improvements of the Delaware Code.

(3) In the event any real property, with road frontage or a private road or street, constructed or reconstructed pursuant to this section, which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction, the deed conveying such real property shall contain a statement that such private street or road is not maintained by the State."

Section 2. Amend Chapter 5, Title 9, Delaware Code, by adding thereto a new section as follows:

"§535. Suburban Community Streets and Roads

All roads and streets situated in unincorporated suburban communities in Sussex County shall henceforth be constructed or reconstructed In accordance with the requirements of Title 17 of the Delaware Code."

Section 3. Amend Chapter 96, Title 9, Delaware Code by adding thereto a new section to read as follows:

§9623. Deeds to Real Estate Fronting on Non-State Maintained Streets and Roads in Suburban Communities

In the event any real property in an unincorporated suburban community in Sussex County with road frontage on a private road or street, constructed or reconstructed pursuant to §131, Title 17, which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction and the deed Is presented for recordation, the recorder of Sussex County shall not record such deed unless the deed shall contain a statement that such private street or road is not maintained by the State.

Section 4. This Act shall become effective upon its enactment, except that, it shall only be effective for a period of 4 years thereafter unless during such 4 year period a constitutional amendment to the Delaware Constitution is enacted which provides that no road or street shall be accepted for State maintenance unless constructed or reconstructed to state specifications and standards.

Approved July 9, 1981.