CHAPTER 328

FORMERLY

HOUSE BILL NO. 373

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

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

Section 1. Amend §131(e), Title 17 of the Delaware Code by striking the existing subsection “(2)” in its entirety and substituting in lieu thereof the following:

“(2) Private roads or streets shall not be accepted for maintenance by the State until:

i. the right of way for the streets and 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 of Title 9; and

ii. the Department’s Division Engineer, Maintenance Engineer and Subdivision Engineer, if applicable, for the division in which the roads are situated have each certified that the roads to be accepted by the State have been constructed or reconstructed in accordance with the construction plans approved by the Department; and

iii. copies of such certifications have been forwarded to the members of the General Assembly in whose districts the roads to be accepted are situated.

Approved July 9, 2008