CHAPTER 357

FORMERLY

HOUSE BILL NO, 574

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 AND 3

AN ACT TO AMEND CHAPTER 5, TITLE 9, OF THE DELAWARE CODE RELATING TO SUBURBAN COMMUNITY IMPROVEMENTS.

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

Section 1. Amend §501(1), Chapter 5, Title 9, Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

"(1) 'Suburban Community' means any unincorporated community within this state (1) containing at least 5 separate and distinct property owners; provided, that each parcel of land, condominium or other individually owned unit of a multi-unit building shall be deemed to have no more than one owner for the purposes of this subchapter; (ii) in the case of individually owned parcels of land whose streets aggregate a minimum of 500 linear feet of road surface or in the case of condominium or other type individually owned units of multi-unit buildings whose streets aggregate a minimum of 300 feet of road surfacing; OW which, in the opinion of the county government and the State Department of Transportation, is so situated as to form a unit which is reasonably and economically capable of being improved by the laying, repairing or completion of streets, signs, sidewalks and installation of surface drainage and storm sewers. In addition to the foregoing such unincorporated community within this State must (iv) be located on a highway which is part of the State Highway System or will be connected to the State Highway System when the projects provided for in this subchapter are complete and which street shall be either maintained by the State upon completion pursuant to the requirements of Title 17 and the rules, regulations, or standards adopted pursuant thereto or (v) shall be built pursuant to county rules and regulations requiring design and building standards and a means or mechanism to provide for the perpetual maintenance of such suburban community streets as provided herein."

Section 2. Amend 9 Del. C. §523 by designating the existing paragraph as subsection (a) and by adding a new subsection (b) to read as follows:

"(b) All roads and streets constructed pursuant to this chapter, not dedicated for public use and intended to be private, as indicated on the filing plan, 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 thereof shall require that simultaneous with the construction of such streets and roads that a means or mechanism be provided to insure the perpetual maintenance of such private streets and roads, but in no event shall the State or County be responsible for such maintenance."

Section 3. Amend Title 9. Section 535 by deletion of that section in its entirety and replacing, in lieu thereof, with the following:

"All roads and streets situated in unincorporated suburban communities throughout the State shall henceforth be constructed or reconstructed in accordance with the requirements of Title 17 and any rules, regulations or standards adopted pursuant thereto, except as otherwise provided in this chapter."

Section 4. Amend §506, Chapter 5, Title 9, Delaware Code by striking §506 in its entirety and substituting in lieu thereof the following:

"§506. Design Standards

Immediately after the determination by the county government and the Division of Highways of the State Department of Transportation (Division) that the community in question meets the requirements of a suburban community specified in Section 501(1) of this title; the Division, if such streets are to be maintained by the State, or the County, if such streets are not to be maintained by the State, shall advise the owner(s) of such community of the requirements of that respective governmental agency. The owner(s) shall be required to prepare and submit such surveys, plans, specifications and estimates of the cost of the improvement or improvements planned for such community.

The Division or county, may within their discretion prepare such surveys, plans, specificiations and estimates as may be required on the owner(s) behalf and may charge such owners) reasonable costs for services provided. In no case shall the Division or the County provide or extend other than minimal costs or services to the owner(s) of such community.

In the preparation and submittal of surveys, plans, specifications and estimates of the cost of such Improvements, the Division or county 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. In no event shall the width of the right-of-way in such community be less than ten (10) feet."

Approved July 17. 1984.