2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 521. Snow removal in nonmunicipal residential communities.

§ 521. Snow removal in nonmunicipal residential communities.
(a) For purposes of this section:
(1) “Department” means the Department of Transportation.
(2) “Feeder road” means a road that serves more than a single residential development or community as a primary entry way. These roads may serve any of the following:
a. Two or more different residential developments or communities.
b. A residential development or community and either a school, church, business, or other public building.
(3) “Organization” means a civic association, neighborhood alliance, homeowners maintenance corporation, homeowners maintenance association, neighborhood improvement district management association as defined in § 3503 of Title 9, or other similar entity charged with or assuming the duties of maintaining the public areas, open space, or common facilities within a residential development or community not within the boundaries of a municipality.
(4) “Snow event” means any snow event whose accumulation within the relevant maintenance district is equal to or greater than 2 and less than 4 inches for the cost of plowing the feeder road leading to the school, as determined by the Department.
(5) “Snowstorm” means a snowstorm event whose accumulation within the relevant maintenance district is equal to or greater than 4 inches, as determined by the Department.
(6) “Streets” means those streets within a residential development or community which have been accepted for perpetual maintenance by the Department.
(b) An organization created pursuant to New Castle County ordinance or regulation has the authority to contract for snow removal services and include the cost of such snow removal services in assessments made by such organization to property owners of the residential development or community. Such charges or fees are considered assessments for the maintenance of open space and common facilities for collection and lien purposes.
(c) An organization may contract for snow removal services for snowstorms impacting the streets within its development or community and be partially reimbursed for the costs of such services, subject to the following conditions:
(1) The reimbursement must be in an amount not to exceed 75% of the actual contracted cost of said services, but in any event, may not exceed 75% of an annual cost analysis determination made by the Department in its implementing regulations under subsection (e) of this section. The regulatory cost determination must include the Department's cost of purchasing similar services under its own contracts.
(2) The organization's contracts with contractors providing these services must include provisions for proof of insurance and compliance with all relevant state license requirements, including the provisions of Chapter 21 of Title 30.
(3) The selection of contractors for services is not subject to Chapter 69 of Title 29.
(4) To obtain economies of scale, an organization may enter into written agreements with other organizations to obtain joint snow removal contracts for purposes of this section.
(d) An organization with a school located in its development or community may seek reimbursement for any snow event for the cost of plowing the feeder road leading to the school, as prescribed in the Department regulations and subject to the conditions provided in paragraphs (c)(1) through (c)(4) of this section.
(e) The Department is responsible for the implementation and administration of this section through the adoption and publication of rules, regulations, or procedures deemed necessary for these purposes.
70 Del. Laws, c. 599, §  1;  74 Del. Laws, c. 68, §  235;  74 Del. Laws, c. 347, §§  1, 2;  80 Del. Laws, c. 240, §  1;  83 Del. Laws, c. 457, § 2;