TITLE 17

Highways

CHAPTER 17. DELAWARE-NEW JERSEY COMPACT

Subchapter II. Effectuation; Commissioners


The Commissioners from this State, provided for in Article V of the Delaware-New Jersey Compact set out in § 1701 of this title, shall be appointed by the Governor with the advice and consent of the Senate. Immediately upon enactment of this chapter, the Governor may so appoint the first Commissioners from this State, notwithstanding that the said Compact may not have yet taken effect. The persons nominated by the Governor to serve as the first Commissioners shall be authorized to sign duplicate originals of said Compact on the part of this State, to apply to Congress for such consent thereto as may be required by law, and to seek an amendment of 60 Stat. 553 having the effect of eliminating the requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds, although said persons may not then have been confirmed or have taken their oath of office.

17 Del. C. 1953, § 1711; 53 Del. Laws, c. 145; 70 Del. Laws, c. 186, § 1.;

If the state of New Jersey enacts legislation agreeing to the exact terms of the Delaware-New Jersey Compact, Congress consents thereto and Congress amends 60 Stat. 553 to eliminate the present requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds on or before July 1, 1962, then the said Compact shall become effective on July 1, 1962; but if these events shall not all be completed until after July 1, 1962, then the said Compact shall take effect on the date of the last required event. The first Commissioners from Delaware may take office on or after the date on which said Compact takes effect, but the designation of their terms shall be such that the term of at least 1 Commissioner shall expire each year and each such term shall be computed from July 1, 1962, notwithstanding that the Compact may not become effective until after that date.

17 Del. C. 1953, § 1712; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 1.;

Each Commissioner from this State shall continue to hold office after the expiration of the term for which the Commissioner is appointed and until the Commissioner's respective successor is appointed and qualified; but no period during which any such Commissioner shall hold over shall be deemed to be an extension of the Commissioner's term of office for the purpose of computing the date on which said successor's term expires.

17 Del. C. 1953, § 1713; 53 Del. Laws, c. 145; 70 Del. Laws, c. 186, § 1.;

After the expiration of the term of each Delaware Commissioner and each succeeding Commissioner thereafter, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of 5 years or until the Commissioner's successor has been appointed and qualified. In making such appointments, the Governor shall endeavor to appoint as Commissioners a representative number of women and minorities.

17 Del. C. 1953, § 1714; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 2; 70 Del. Laws, c. 186, § 1.;

In the event a vacancy occurs in the office of a Commissioner from this State by death, resignation, removal or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for the unexpired term.

17 Del. C. 1953, § 1715; 53 Del. Laws, c. 145.;

Any Commissioner from this State may be suspended or removed from office upon specific written charges filed with the Secretary of State and after hearing by the Senate.

17 Del. C. 1953, § 1716; 53 Del. Laws, c. 145.;

No more than 4 of the 6 Commissioners from this State shall be of the same political party at any 1 time.

17 Del. C. 1953, § 1717; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 1.;

For the period during which any Commissioner shall hold office, the Commissioner shall be entitled to reimbursement for any necessary expenses incurred on the business of the Delaware River and Bay Authority, which shall be paid only from revenues received by the Authority and available for administrative expenses.

17 Del. C. 1953, § 1718; 53 Del. Laws, c. 145; 70 Del. Laws, c. 186, § 1.;

The Commissioners appointed pursuant to this chapter shall have the authority, powers and duties and be subject to the limitations provided for in this chapter and in the said Compact between the 2 states, and together with the 6 Commissioners appointed from the state of New Jersey shall form and constitute "the Delaware River and Bay Authority" pursuant to the Delaware-New Jersey Compact.

17 Del. C. 1953, § 1719; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 1.;

(a) Except, as provided by this chapter, no action taken at any meeting of the Delaware River and Bay Authority by a Commissioner appointed from the state of Delaware shall have any force or effect until the Governor of this State shall have an opportunity to approve or veto the same under Article VI of the Delaware-New Jersey Compact.

(b) For the purpose of procuring such approval or veto, the secretary or other officer of the Delaware River and Bay Authority in charge of the minutes of the proceedings of that body shall transmit to the Governor at the Governor's office in Dover a certified copy of the minutes of every meeting of the Delaware River and Bay Authority as soon after the holding of such meeting as such minutes can be written out. The Governor shall within 10 days (Saturdays, Sundays and public holidays of this State excepted), after such minutes shall have been received at the Governor's office aforesaid, cause the same to be returned to the Delaware River and Bay Authority either with the Governor's approval or the Governor's veto of any action therein recited as having been taken by any Commissioner appointed from this State; provided, however, that if the Governor shall not return the said minutes within the said period, then at the expiration thereof any action therein recited will have full force and effect according to the wording thereof.

(c) If the Governor within the said period returns the said minutes with a veto against the action of any Commissioner from this State as recited therein, then such action of said Commissioner shall be null and void.

(d) The Governor may by order filed with the secretary of the Delaware River and Bay Authority relieve the Commissioners from the duty of procuring the Governor's approval of their action upon any particular matter or class of matters, and thereupon the secretary or other officer in charge of the minutes of the proceedings of that body shall be relieved of reporting the same to the Governor.

17 Del. C. 1953, § 1720; 53 Del. Laws, c. 145; 70 Del. Laws, c. 186, § 1.;

The Authority shall furnish each year an independent audit of its fiscal affairs, in which items of current and capital nature shall be separately set forth, and shall cause a copy of the report on such audit to be delivered to the Governor.

17 Del. C. 1953, § 1721; 53 Del. Laws, c. 145.;

Of the Commissioners from this State to be appointed in accordance with this subchapter, 2 Commissioners shall be appointed from New Castle County, no more than 1 of whom shall be of the same political party, 2 Commissioners shall be appointed from Kent County, no more than 1 of whom shall be from the same political party, and 2 Commissioners shall be appointed from Sussex County, no more than 1 of whom shall be of the same political party.

17 Del. C. 1953, § 1724; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 1.;

The Delaware River and Bay Authority shall not initiate any commerce facility or development (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State unless a proposal for such commerce facility or development has been first submitted to the Governor by the Department of State and then approved and submitted to the Authority by the Governor. The Department of State shall, before submitting such proposal to the Governor, notify all members of the General Assembly and the local governmental officials of the area in which the proposed project is to be located.

67 Del. Laws, c. 253, § 1; 69 Del. Laws, c. 458, § 1; 81 Del. Laws, c. 49, § 16; 81 Del. Laws, c. 374, § 45.;

(a)(1) Whenever the Delaware River and Bay Authority proposes or agrees to undertake a project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title), to be located in the State or in the Delaware River or Bay, the Authority shall submit an environmental impact statement (as defined in § 7002(c) of Title 7) with respect to the project for review by the Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall make a determination of whether said project could comply with the environmental laws and regulations of the State and shall utilize standards and criteria as called for in § 6036 of Title 7 to determine if said project shall be considered to be a project of state significance. Any project reviewed by the Department of Natural Resources and Environmental Control which is to be located in the Delaware River or Bay shall be deemed to be a major project. Any commerce facility or development located in the State shall also be deemed to be a major project.

(2) Any project determined to be a project of state significance shall be deemed to be a major project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title). The Secretary of the Department of Natural Resources and Environmental Control shall convey this determination to the Executive Director of the Delaware River and Bay Authority.

(b) The Department of Natural Resources and Environmental Control shall give public notice and hold a public meeting at which the proposed project will be reviewed. The public notice shall provide a description of the nature of the project and shall be publicized in a newspaper of general circulation in each of the counties at least 15 business days prior to the scheduled meeting date. A public notice and public hearing by the Department of Natural Resources and Environmental Control at the state level shall not be required where the Department of Natural Resources and Environmental Control upon initial review of the proposed project determines that the project is a major project or that the project will not require any permit or approval from any state agency.

(c) The Department of Natural Resources and Environmental Control project review process provided for in this section shall be completed prior to the date of publication of the notice relating to the project provided for by § 1725 of this title.

(d) The Department of Natural Resources and Environmental Control may undertake its obligations hereunder through its Development Advisory Service or such other unit of the Department of Natural Resources and Environmental Control as its Secretary may designate.

(e) The provisions of this section shall not apply to any project undertaken by the Delaware River and Bay Authority in connection with a crossing (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title).

(f) The provisions of this section shall not apply to any transportation facility, terminal facility or commerce facility or development project (as defined in Article II of the Delaware New Jersey Compact set out in § 1701 of this title) undertaken by the Delaware River and Bay Authority in the state of Delaware which has been proposed to the Delaware River and Bay Authority by the Governor and has received legislative approval pursuant to § 1726 of this title.

67 Del. Laws, c. 253, § 1; 72 Del. Laws, 1st Sp. Sess., c. 258, § 50.;

(a) Any person, as that term is defined in § 6002 of Title 7, whose interest is substantially affected by the determination of the Department of Natural Resources and Environmental Control that a proposed project is or is not a project of state significance may appeal to the Environmental Appeals Board (the "Board") within 20 days after the Secretary of the Department of Natural Resources and Environmental Control has conveyed the determination to the Executive Director of the Delaware River and Bay Authority.

(b) Whenever a determination of the Department of Natural Resources and Environmental Control concerning a proposed project is appealed, the Board shall hold a public hearing in accordance with § 6006 of Title 7.

(c) If the determination of the Department of Natural Resources and Environmental Control is overruled by the Board, then the Board shall state its reasons for its decision.

(d) No decision of the Board shall be valid unless signed by a minimum of 5 members.

(e) No appeal shall operate to stay automatically the effect of any determination by the Department of Natural Resources and Environmental Control, but upon application, and for good cause, the Secretary of the Department of Natural Resources and Environmental Control or the Court of Chancery may stay the action pending disposition of the appeal.

67 Del. Laws, c. 253, § 1.;

(a) Any person, as defined in § 6002 of Title 7, or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, or the Delaware River and Bay Authority, may appeal to the Superior Court in and for the county in which the proposed project in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision of the Board is illegal in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 20 days of the decision of the Board.

(b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.

(c) No appeal shall operate to stay automatically the effect of any determination by the Department of Natural Resources and Environmental Control, but upon application, and for good cause, the Board or the Court of Chancery may stay the action pending disposition of the appeal.

67 Del. Laws, c. 253, § 1.;

(a) Whenever the Delaware River and Bay Authority proposes to undertake a major project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State or in the Delaware River or Bay, the Authority shall provide public notice of the proposed major project as follows:

(1) The notice shall describe the nature of the project including a brief synopsis of the project, a statement of whether the project requires the condemnation of public lands and a reference to the legal basis for the Authority's proposed activities;

(2) The notice shall state the manner in which members of the public may present their views in writing, including the address to which such writing should be addressed and the final date by which such writings may be submitted;

(3) The notice shall state the date, time and place where the public hearing, if requested in accordance with subsection (b) of this section, shall be held;

(4) The notice shall be provided at least 30 days prior to the scheduled date of any public hearing requested in accordance with subsection (b) of this section; and

(5) The notice shall be publicized in a newspaper of general circulation in each of the counties.

(b) If requested by the Governor or any member of the General Assembly, or if a meritorious request for a hearing is submitted by any person, within 14 days of the date of publication of the notice, the Authority shall hold a public hearing on any major project, in order to receive information, factual evidence and public reaction subject to the following provisions:

(1) The hearing, if requested, shall be held at least 15 days prior to the date of any vote by the Commissioners relating to the major project.

(2) At the public hearing all interested persons shall be given a fair and reasonable opportunity to be heard, subject to the power of a majority of the Commissioners present to exercise such control over the conduct of the hearing, including, without limitation, the setting of equitable time limitations, as may be in the public interest.

(3) A public hearing request shall be deemed meritorious if it exhibits a familiarity with the proposed major project and a reasoned statement of the major project's probable impact.

67 Del. Laws, c. 253, § 1.;

The Delaware River and Bay Authority shall not undertake any project, except a crossing (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title), to be located in the State or in the Delaware River or Bay, without having first secured legislative authorization and approval of each specific project or part thereof pursuant to an act of the General Assembly, passed with the concurrence of 3/4 of all the members elected to each House. Upon the request of any member of the General Assembly, the Delaware River and Bay Authority shall provide copies of all written reports or studies prepared or obtained by the Authority and any written comments submitted by members of the public with respect to the project. In addition to such state legislative approval, any agreement or agreements entered into (pursuant to Article XVII of the Delaware-New Jersey Compact set out in § 1701 of this title) between the Delaware River and Bay Authority and the city, town, municipality or other political subdivision in which any project, other than a crossing, is to be located must:

(1) Be in accordance with and subject to any and all land use laws including, but not limited to, zoning codes and subdivision and land development regulations for the respective political subdivisions, and any other local laws, resolutions, ordinances or rules and regulations which may apply; and

(2) Be approved by the local government, and such approval shall be according to the laws, regulations, standards and practices of such municipality or county government.

67 Del. Laws, c. 253, § 1; 72 Del. Laws, 1st Sp. Sess., c. 258, § 51.;

The Delaware River and Bay Authority shall not exercise its power of eminent domain to condemn any property, devoted to a public use, of the State, or any municipality, county, local government, agency, public authority or commission thereof, or any 1 or more of them, for any purpose other than a crossing without having first secured legislative authorization and approval of each specific condemnation of property by act of the General Assembly.

67 Del. Laws, c. 253, § 1.;

The Delaware River and Bay Authority shall not increase any rate of bridge toll charged as a volume discount rate from the rate in effect on the earlier of the effective date of the legislation amending the Delaware-New Jersey Compact as adopted by (i) the 135th Delaware General Assembly or (ii) the New Jersey Legislature, for a period of 10 years following such date, if the increase would cause such volume discount rate to exceed 25 percent of the basic toll rate charged by the Authority for individual bridge crossings by passenger automobiles, provided that the Authority may raise such volume discount rate in excess of this 25 percent limitation to the extent that such increase is determined by the Authority to be reasonably necessary for the protection of the Authority's bondholders in accordance with Article XI of the Delaware-New Jersey Compact.

67 Del. Laws, c. 253, § 1.;

The General Assembly, acting pursuant to provisions of § 1726 of this title, has authorized the Delaware River & Bay Authority, pursuant to the procedure set forth in the Delaware-New Jersey Compact (§ 1701 of this title) and all other applicable statutory requirements, to lease, develop and operate the New Castle County Airport, the Civil Air Terminal and the Delaware Airpark located in Cheswold, Delaware. Pursuant to Article VII of the Compact, the Authority is authorized to adopt rules and regulations to carry out and discharge its powers, duties and functions, and pursuant to Article XV of the Compact, Delaware may provide by law what penalty or penalties shall be imposed for violation of any lawful rule or regulation of the Authority and for the manner of enforcing the same. Pursuant to these provisions, the following applies to any person's failure to comply with or violation of rules or regulations of the Authority relating to any airports which the Authority leases, acquires, develops or operates with the approval of the General Assembly.

(1) Any person failing to comply with or violating any rule or regulation of the Authority relating to the management and operation of any airport shall be guilty of a violation of law. Upon conviction thereof, a penalty in the form of a fine not less than $10 or more than $1,000 and costs shall be assessed for the first offense. For the second offense occurring within 12 months after the date of the first offense, the penalty shall be a fine of not less than $50 or more than $1,000. For each subsequent offense thereafter, but occurring within 12 months of the date of the first offense, the penalty shall be a fine of not less than $100 or more than $1,000. Each day any violation of the relevant rules and regulations shall continue constitutes a separate offense for which a separate penalty for each day shall be imposed.

(2) Justices of the Peace of this State shall have jurisdiction throughout the State to hear, try and finally determine any violations of any rule or regulation of the Authority. Any person convicted of such violation may be fined not more than $1,000 for violation. Fines collected for the violation of any rule or regulation of the Authority shall inure and be paid to the State Treasurer for the General Fund.

(3) Any person arrested without a warrant for any violation of an Authority rule or regulation shall have such person's case heard and determined by a Justice of the Peace.

(4) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to any unattended vehicle found in violation of any rule or regulation of the Authority by any police officer authorized to arrest for violations of any Authority rule or regulation in lieu of arrest of the operator of such vehicle.

72 Del. Laws, c. 489, § 40; 74 Del. Laws, c. 110, § 138.;