2 Del. Admin. Code § 2.5 - AGREEMENTS

2.5.1 Agreements - Signals

The need for installation of new traffic signals and/or the modification of existing traffic signals to accommodate traffic from commercial establishments or subdivisions shall be determined by DelDOT.

When DelDOT, in its sole discretion, determines that a traffic signal may be required in the future or that an existing traffic signal requires modification, the developer shall enter into a Traffic Signal Agreement (TSA) with DelDOT prior to obtaining entrance approval. DelDOT shall consider the need for a TSA in the following situations:

A. A Traffic Impact Study (TIS) or a Traffic Operational Analysis (TOA) has identified a need for a new signal or modifications to an existing signal.

B. A DelDOT plan review has identified a need for signal modifications, possibly including implementation of safety mitigation measures identified by DelDOT's Hazard Elimination Program (HEP) and/or installation of pedestrian improvements, to provide for safety. Projects that abut an existing signalized intersection (including corner lots and parcels that have frontage on two roads that intersect at an existing signal) will at DelDOT's discretion be required to perform identified safety improvements and/or pedestrian improvements to complete connections to and/or crossings of that intersection. Pedestrian improvements may include but are not limited to: design, pedestrian signals, crosswalks, curb ramps, refuge islands, sections of sidewalk, conduit, junction wells, signing and striping.

C. Access to a school is proposed.

D. Access is proposed as an additional leg at an existing signalized intersection.

The TSA shall be kept on file by the DelDOT Traffic Section and used to assess costs when DelDOT finds it necessary to install or modify a signal at the location addressed in the agreement. The assessed costs will include both construction costs and a onetime fee to cover long-term maintenance costs. The Department will not separately track the maintenance funds collected, and may use these funds for any signal maintenance purpose, statewide.

Should a project impact, or reasonably be expected to impact, DelDOT traffic signal or Integrated Transportation Management Systems (ITMS) infrastructure, the developer may be required to relocate the infrastructure, enter into an agreement to fund the relocation of the infrastructure, or some combination thereof at DelDOT's discretion.

The following representative (but not exhaustive) types of information must be supplied to the DelDOT Traffic Section for the preparation of the agreement. See DelDOT's Sample Traffic Signal Agreement Letters which can be found online (for more information go tohttp://devcoord.deldot.gov> Forms).

A. Name and address of the company or developer entering into the agreement.

B Name and address of the development or subdivision.

C Name of all intersections and/or streets affected (location of signal)

D. Name and title of the person who shall be signing the agreement

E. Phone number for the person who shall be signing the agreement.

2.5.2 Agreements - Off-Site Improvement Agreement

During the land development process, DelDOT may refer to a previously identified need, or determine the need for road improvements beyond the entrance to the site. These improvements shall be required as part of the entrance approval. The developer shall enter into an Off-Site Improvement Agreement (agreement) with DelDOT outlining the implementation of the improvements. The agreement may include the design, right-of-way acquisition, construction, and inspection of the improvements, or any part thereof, as determined by DelDOT. Alternatively, where there is another party, e.g. DelDOT or another developer, already preparing to make the improvements, the agreement may be for a monetary contribution toward the construction of the improvements. This agreement shall be executed prior to entrance plan approval. See Section 2308 of the Delaware Administrative Code "2308 Development Related Improvements Requiring New Rights-of-way" which is available online, (for more information go to http://regulations.delaware.gov/AdminCode/title2/2000/2300/) for guidance regarding improvements requiring new rights-of-way and refer to DelDOT's online content for sample public road construction applications, forms and agreements (for more information go tohttp://devcoord.deldot.gov> Forms).

2.5.3 Agreements - Traffic Mitigation Agreements (TMAs)

Land use agencies may have adopted specific level of service or adequate facilities requirements. If these requirements cannot be met, the applicant may, through the local land use agency's process, seek a waiver from such level of service requirements. As a condition of such a waiver, a Traffic Mitigation Agreement between the applicant and DelDOT shall be executed. DelDOT's participation in such agreements shall not be unreasonably withheld.

2.5.4 Traffic Signal Revolving Fund

Under certain circumstances, described below, a developer has the option of voluntarily contributing to a Traffic Signal Revolving Fund (TSRF) in lieu of entering into a signal agreement. Advantages for the developer include knowing at the outset the amount they will need to pay and when that amount will be due. Advantages for DelDOT include the certainty that the payment will in fact be made and there will be funds available that are derived from a dedicated source of revenue.

DelDOT reserves the right to determine the appropriate location, configuration and implementation of all new and modified traffic signals paid for through use of this TSRF.

2.5.4.1 Improvements Qualifying for Use of the TSRF

The TSRF may be used to plan, design, construct, upgrade and maintain a traffic signal. Appropriate uses include signal equipment, pedestrian signals, crosswalks, curb ramps, refuge islands, sections of sidewalk, conduit, junction wells, cameras, interconnection, signing, striping, engineering and right-of-way needed for the signal installation.

2.5.4.2 Improvements Not Qualifying for Use of the TSRF

A. If a development directly impacts existing signal equipment, e.g. development of a corner property, the developer must relocate DelDOT's equipment or pay immediately for the repair, relocation or upgrade of the equipment, or some combination thereof, at DelDOT's discretion. Use of the TSRF is not applicable or intended for this purpose.

B. The TSRF shall not be used for turning lanes, realignments, or other geometric improvements.

C. If Physical improvements are required as per the approved construction plans which require traffic signal modifications or installation, the developer must enter into a Traffic Signal Agreement.

2.5.4.3 Payments into the TSRF

A. Any development that is qualified with respect to the criteria described in 2.5.4.1 and 2.5.4.2 and has been determined to be contributing to the future need to modify or install a traffic signal, will be given the option to contribute to the TSRF in lieu of executing a signal agreement that will require future payment. However, if the development has been determined to create the need for a current modification or installation of a traffic signal, then a TSA shall be required, and the TSRF shall not be an available option to pursue.

B. The Development Coordination Section shall be responsible for informing developers of their option to pay into the TSRF, for determining the amount of their contribution in accordance with Section 2.5.4.5 below, and for ensuring that the funds are received prior to issuing entrance approval.

C. Concurrent with payment into the TSRF, the developer will enter into a Traffic Signal Revolving Fund Agreement (TSRFA) which will memorialize the fact that they have no further financial obligations associated with a particular development to fund existing or future traffic signals at the intersection or intersections in question. They will also be informed that there is no guarantee a signal will be installed when and where they may want it.

2.5.4.4 TSRF Administration

A. DelDOT will pool the funding that is collected from various developers related to various intersections into two separate funds: one for new traffic signals/major upgrades, and the other for regular maintenance. The construction fund may be used by DelDOT to fund a new traffic signal or modify an existing traffic signal related to any land development project. The maintenance fund may be used for any legitimate traffic signal/ITMS maintenance purposes, statewide.

B. As traffic signal projects become justified, funding from the developer contributions to the Traffic Signal Revolving Fund will first be used. If this fund runs out, then state funding would be used to support the project.

2.5.4.5 Costs and Cost Allocation

A. The current construction cost of installing a new signal, for purposes of contribution to the TSRF, is estimated to be $200,000. This estimated cost will be updated periodically in the future, as costs change. An update of this cost will be documented via a memorandum from the Chief Traffic Engineer to the Assistant Director of Planning, Development Coordination, and will be posted on DelDOT's web site. If a design for a signal has proceeded such that the actual cost is available, this actual cost will be substituted for the estimated cost.

B. The cost of maintaining a signal is highly variable. For purposes of contribution to the TSRF, the amount is five percent of the amount contributed. This five percent represents an anticipated expense of $1,000 per year for ten years for a new signal costing $200,000. The Department will assume maintenance costs that exceed the five percent. Once collected, these funds will be transferred to the signal maintenance operating budget. The Department will not separately track these maintenance funds, and may use these funds for any signal maintenance purpose, statewide.

C. If a developer must modify an existing signal, the Traffic Section shall prepare a cost estimate specific to the work to be done. An additional five percent of the construction cost will be added for maintenance costs.

D. A developer seeking access on a State-maintained road with no access opposite them shall pay into the TSRF at 105 percent of the current established signal construction cost (includes five percent for signal maintenance).

E. If costs are to be allocated based upon proportional share, traffic on all existing movements should be counted. Where possible, existing counts should be used rather than obtaining new ones. Counts done for studies associated with the subject development shall generally be considered sufficiently recent. The Development Coordination Section shall determine whether previous counts can be used.

If costs are to be allocated based upon proportional share, the calculations shall be done using weekday evening peak hour volumes unless the Development Coordination Section determines that another analysis period is more appropriate to the specific situation.

If costs are to be allocated based upon proportional share, and it is necessary to project volumes to and from committed and proposed developments, the projected volumes shall be calculated using ITE's Trip Generation Manual where applicable. The Development Coordination Section shall determine applicability and will rule on any alternative methods of trip generation. The Development Coordination Section shall also develop or review and approve all trip distribution calculations and network assignments.

F. For intersections beyond the site access, where the need for a future signal or a modification of an existing signal, has been identified, the developer must enter a signal agreement or pay into the TSRF. Payment into the TSRF shall be based on the developer's share of the existing background traffic plus committed and proposed development traffic.

Example:

Approach	Movement	Existing Traffic (vehicles per hour)	Committed Development Traffic (vehicles/hour)	Existing + Committed vehicles per hour)	Proposed Development Traffic (vehicles per hour)
Northbound	Left	50		50	56
	Through	25	25	50	6
	Right	75		75	38
Southbound	Left	50	28	78
	Through	25	3	28	50
	Right	75	19	94
Eastbound	Left	50	175	225
	Through	1,500		1,500
	Right	75		75	350
Westbound	Left	75		75	500
	Through	1,500		1,500
	Right	50	250	300
Total		3,550	500	4,050	1,000

For a new signal, the developer would pay $41,580 into the TSRF, i.e. 20.79 percent (1.05 x (1,000/(1,000+4,050))) of the cost ($200,000) of a signal. For a modification of an existing signal, the percentage would be the same but the base cost would be reduced to reflect the smaller construction cost.

Note: The term "committed" shall be interpreted as defined in the Preface, Section P.5 Definitions. The Development Coordination Section shall determine which developments to include as committed in the calculations for a specific intersection and proposed development.

G. Where a development depends on a nearby intersection for access, e.g. a corner parcel, (including parcels that have frontage on two roads that intersect at an existing signal), that has full access on a minor road and limited or no access on a major road, that intersection shall be treated, for purposes of cost allocation, as a site access, i.e., through movements on the major road shall be excluded from the calculation shown in part F.

Notes

2 Del. Admin. Code § 2.5

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016) (Final)