§ 2103. District designation.
§ 2103. District designation. (a) Any municipality, county, or municipality-county partnership may enter into an agreement with the Department to create a Complete Community Enterprise District. (b) (1) A municipality, county, or municipality-county partnership and the Department must agree on the boundaries of the District and must create a master development plan for the District […]
§ 2104. District requirements.
§ 2104. District requirements. A Complete Community Enterprise District must meet all of the following requirements: (1) Be contiguous. (2) Be no more than 9 square miles in area. (3) Be a compact shape that is not a linear corridor. (4) Be zoned and otherwise regulated such that the District may be developed at a […]
§ 2105. District policies.
§ 2105. District policies. Once a District has been created, the Department shall: (1) Develop transit capital improvement projects with the goal of increasing transit ridership in the District that would result in a greater farebox recovery ratio. (2) Identify the most significant barriers to more trips via walking and cycling in the District and […]
§ 2106. Authority, role, and responsibility of municipalities and counties.
§ 2106. Authority, role, and responsibility of municipalities and counties. Nothing in this chapter may be construed to deny to a municipality or county its final decision making authority over proposed land use planning actions. 80 Del. Laws, c. 224, § 1;
§ 2005. Exercise of Department’s powers.
§ 2005. Exercise of Department’s powers. For purposes of facilitating these projects and to assist the contracting parties in the financing, development, construction leasing, maintenance and operation of such projects, the agreements may include provisions for the Department to exercise any powers conferred upon it by law, including but not limited to the lease of […]
§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues.
§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues. (a) Authorization of tolls and user fees. — Each agreement may authorize the contracting party to impose tolls or user fees for use of the transportation system constructed and/or leased by it to allow a reasonable rate of return on […]
§ 2007. Reimbursement for services rendered by department or other State agencies.
§ 2007. Reimbursement for services rendered by department or other State agencies. (a) Police services. — Each project is deemed to be part of the State Transportation System. The Delaware State Police shall have primary jurisdiction over each project except with respect to all or any portion of a project located in a jurisdiction where […]
§ 2008. Liability coverage; indemnification.
§ 2008. Liability coverage; indemnification. Each agreement must require that liability insurance coverage of an amount appropriate to protect the project’s viability is secured and maintained by the contracting party. Each agreement may provide for State indemnification of the contracting party for design and construction liability where the State has approved relevant design and construction […]
§ 2009. Other agreement provisions.
§ 2009. Other agreement provisions. (a) Grant of rights to contracting party. — An agreement may include provisions authorizing the State to grant necessary easements and lease to a contracting party existing rights of way or rights of way subsequently acquired. An agreement may also include provisions to lease the airspace above or below the […]
§ 2010. Operation of toll facility.
§ 2010. Operation of toll facility. At the request of a contracting party operating a toll facility hereunder, the Department may adopt and enforce reasonable regulations consistent with State law which (i) set maximum and minimum speeds, (ii) exclude undesirable vehicles, cargoes, or materials from the use of the facility, (iii) establish high occupancy or […]