Code Reference: 40.21.140:
All plans for streets, whether public or private, must be reviewed and approved by the Land Use Department. Reviews of street plans ensure that adequate facilities are installed when a project is developed so that there are adequate services; that the facilities will function efficiently with minimum maintenance; and that the overall development is functional and
internally safe to the greatest degree possible. Roads must be designed to avoid increasing adverse impacts on the environment and on adjoining properties. In general, New Castle County encourages public streets in new subdivisions. However, in limited situations, the Department of Land Use may approve the use of private streets if :
1. The public has use of private streets;
2. The development is in the Suburban Estate or Suburban Reserve
district and is a single-family or open space subdivision*; or
3. The development is a rural subdivision **
B. Where appropriate, private street improvements must meet the minimum
standards for comparable public streets.
C. A maintenance organization must be created and responsible for the
maintenance of the private streets.
*Open Space Subdivision. This is a development pattern or design technique where lots are grouped together rather than spread out evenly as in conventional subdivision development. Clustering development allows the remaining land to be used for recreation, open space and the preservation of natural resources.
** Rural Subdivision. This subdivision provides limited development opportunity in the Suburban Reserve if the landowner wants to continue agricultural operations, house family members, or raise income to supplement agricultural operations. It may also be used in
areas where growth potential is limited by facilities capacity. This subdivision permits development at minimal cost while providing access protection along existing streets. The rural subdivision permits a landowner to subdivide a large tract into four (4) lots; these lots are designated the "residential lots". The remaining parcel is designated the "residual lot." The "residual lot" must be included as part of the final plan for recordation purposes. The "residual lot" must be used in part for access and as a reserve for future development that promotes sound land use patterns.