CHAPTER 312

FORMERLY

HOUSE BILL NO. 354

AS AMENDED HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 1, TITLE 17 AND CHAPTER 96, TITLE 9 OF THE DELAWARE CODE RELATING TO THE CONSTRUCTION AND MAINTENANCE OF PRIVATE ROADS AND THE CONVEYING OF REAL PROPERTY FRONTING PRIVATE ROADS.

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

Section 1. Amend Subsection (e), Section 131, Chapter 1, Title 17 of the Delaware Code, by striking the said subsection in its entirety and by substituting in lieu thereof the following:

"(e) All road and streets not dedicated to the public use and intended to be private, as indicated on the filing plan, situated in an unincorporated suburban community within the State, shall be constructed in accordance with rules and regulations adopted by the County in which such road or street is located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for the design and construction of such private streets and roads, establish a mechanism to provide for the perpetual maintenance of such private streets and roads, but in no event shall the State or County be responsible for such maintenance. In addition, the following provision shall apply to all such streets and roads:

(1) In the event that the County has not adopted rules and regulations for construction of private subdivisions, streets and roads or such rules and regulations have been established and there is no mechanism contained therein to provide for the perpetual maintenance of private subdivision streets and roads, all such roads or streets shall be constructed in accordance with 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 be accepted for maintenance by the State until the right of way for the streets or roads has been dedicated to the public 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 Chapter 5, Title 9.

(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.

(4) Any private road, street or thoroughfare in the State shall be constructed either in accordance with State standards and pursuant to department rules and regulations or pursuant to rules and regulations established by the County. In either event a mechanism for perpetual maintenance must be established. The State and County shall have concurrent Jurisdiction to enforce the requirements of this Section by legal or equitable means. The County shall withhold the issuance of building or occupancy permits for any structure abutting such road, street or thoroughfare to insure compliance with the requirements of this section."

Section 2. Amend §9623, Title 9 of the Delaware Code by striking it in its entirety and by substituting in lieu thereof the following:

"in the event any real property in an unincorporated suburban community with road frontage on a private road or street, constructed or reconstructed pursuant to §131, Title 17 of the Delaware Code, 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 the County in which the land is located shall not record such deed unless the deed shall contain a statement that such private street or road is not maintained by the State."

Approved July 2, 1984.