(a) (1) As used in this section, “developer” means the owner of real property on which residential or commercial development is occurring, or the person actually engaged in the development or construction of residential or commercial property.
(2) This section applies to a residential or commercial development which the Department determines affects or requires access to state-maintained highways, streets, or roads.
(3) A person, firm, or corporation may not construct, or cause to be constructed, a new road or street outside the corporate limits of any municipality and intended to be dedicated by the owner of the road or street to this State for public use, including the initial installation of traffic and street name signs, unless the road or street is in conformity with this section and with plans and specifications approved by the Department.
(4) At a minimum, the initial installation of road or street name signs must include the placement of the signs at each intersection of the new road or street with any other road or street, capable of being read from each direction on a road or street at each intersection.
(5) The new road or street is a continuation of an existing or proposed public road designed to be part of the general highway system of the State.
(6) The construction of a new road or street must be performed under a written agreement with the Department, signed by the developer, that includes all of the following:
a. The plans and specifications approved by the Department.
b. The posted security for completion required under paragraph (b)(1) of this section.
c. The location of any decorative subdivision entrance signs installed by the developer.
d. Any other terms the Department determines may be necessary.
(7) a. The Department shall accept a road or street constructed in compliance with this section and the rules, regulations, and standards adopted by the Department under this section into the state maintenance system.
b. Notwithstanding paragraph (a)(7)a. of this section, the Department has the sole discretion as to whether a road or street constructed to serve a dwelling, building, facility, or other structure is accepted into the state maintenance system.
(b) (1) Except as provided by paragraph (b)(3) of this section, before commencement of construction under this section, including the installation of utilities within the dedicated right-of-way, a developer shall first post with the Department a good and sufficient bond, certified check, letter of credit, or other form of security acceptable to the Department in a manner and form approved by the Department and in the amount of 150% of the estimated cost of top coat as approved by the Department. The bond, certified check, letter of credit, or other form of security acceptable to the Department must be conditioned on the faithful performance and satisfactory completion of the obligations imposed by subsection (a) of this section.
(2) a. If top coat is not underway 7 years from the date the bond, certified check, letter of credit, or other form of security acceptable to the Department is posted with the Department under paragraph (b)(1) or (b)(3) of this section, the estimate to complete top coat must be revised to reflect current costs and the developer must post any security the Department deems necessary to meet the requirements of paragraph (b)(1) or (b)(3) of this section.
b. The process under paragraph (b)(2)a. of this section is to be repeated every 5 years until the developer complies with the written agreement entered into under paragraph (a)(6) of this section.
(3) If a developer, regardless of corporate name, has been adjudged by the Department to be in violation of this section or has not maintained a satisfactory record of compliance on repair and construction completion as determined by the Department, the Department may require a bond, certified check, letter of credit, or other form of security acceptable to the Department, consistent with this subsection in an amount of at least 100%, but not more 125%, of the cost of the construction.
(c) (1) The Department shall inspect a new road or street being constructed under this section and any construction, including utilities within the road or street right-of-way, to ensure the construction is in conformity with standards, plans, and specifications approved by the Department. On dedication of the right-of-way to the public use and satisfactory completion of the road or street construction, including connection to an existing state maintained highway, street, or road, the Department shall do all of the following:
a. Notify the developer that the road or street has been accepted into the state maintenance system and that the dedicated right-of-way has been accepted according to the terms of the acceptance.
b. Release to the developer the bond, certified check, letter of credit, or other security acceptable to the Department posted by the developer under subsection (b) of this section.
(2) A signature from a Department inspector must be obtained before the Department can accept a road or street from a developer into the state maintenance system.
(3) The Department shall inform by letter an officer of the maintenance association, if any, in the development in which the road or street will be dedicated, that the Department has accepted the road or street from the developer. The Department shall send copies of the letter to the state Senator and state Representative for the senatorial and representative district in which the road or street is located. The letter must indicate the acceptance date of the road or street and an explanation of the State’s 3-year good faith warranty.
(4) The Department, on acceptance of a road or street, shall assume the sole and absolute care, management, and control of the new road or street as a public road or street. Until the Department accepts a new road or street, the developer or the developer’s legal successor in interest is solely responsible for maintenance of the road or street.
(5) a. The Department’s standards for a new road or street include a requirement that a decorative sign that includes the name of the subdivision and a logo of the State’s famous patriot, Caesar Rodney be installed at each newly approved subdivision and be paid for by the developer of the subdivision.
b. A subdivision in existence on July 1, 2005, may request the Department to install a decorative sign required under paragraph (c)(5)a. of this section in place of other signs previously used by the Department. The requested decorative sign must be paid for by the subdivision or from Community Transportation Funds allocated by a legislator who requests the decorative sign.
c. The Department shall replace a standard sign damaged by vandalism, accident, or the ravages of time with another standard sign under the Department’s regular maintenance program, unless the decorative alternative has been requested under the provisions of this subsection.
(d) The Department shall make and publish rules, regulations, standards, or specifications for planning, designing, constructing, and maintaining a new road or street.
(e) The bond, certified check, letter of credit, or other form of security acceptable to the Department posted with the Department under paragraph (b)(1) or (b)(3) of this section is immediately due and owing on failure of the developer to meet the obligations set forth in the agreement executed under this section. On failure of the developer to comply with the standards, plans, and specifications or with the terms of the agreement executed under this section, the Department may do 1 or more of the following:
(1) Withdraw any approval to construct a road or street which the Department has given under this section and may, after the withdrawal of the approval, notify the appropriate governmental agency to cease issuance of occupancy permits for dwellings in the construction area.
(2) Proceed to forfeiture of the bond, certified check, letter of credit, or other form of security acceptable to the Department posted under paragraph (b)(1) or (b)(3) of this section.
(3) Move to fine a violator under this section.
(4) Seek specific performance of the developer’s agreement.
(5) Conditionally accept and satisfactorily complete the road or street and recover damages in the amount of completion costs and incidental expenses from the developer.
(6) Institute whatever other legal or equitable action is necessary to cause the road or street to be completed.
(f) A developer that does not comply with this section within 100 days of written notification by the Department of a violation is to be punished by a fine of not less than $100 nor more than $1,000 for each offense and the further sum in an amount equal to the amount fined for the initial offense for each day the violation exists. The total fine imposed under this subsection may not exceed the total estimated cost of the construction and incidental expenses related to the construction of the road or street.
(g) Any funds received as the result of action taken under this section must be utilized by the Department to carry out the general purposes of this title.
(h) A developer found in violation of this section by the Department is prohibited from conducting business in the State until all conditions created by the developer constituting a violation of this section have been corrected to the satisfaction of the Department.
(i) The Justice of the Peace Court has jurisdiction over a violation of this section. The Court may order forfeiture of the security required under paragraph (b)(1) or (b)(3) of this section and may impose a fine under subsection (f) of this section.