Delaware Code § 9-523

Maintenance of improvements
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(a) Upon the certification by the Department of Transportation that the improvement or improvements have been satisfactorily
completed, the improvement or improvements shall be incorporated into the state highway system, and the Department shall be responsible
for the maintenance of the improvement or improvements, to include the replacement of street signs on any portion thereof when deemed
necessary.
(b) All roads and streets constructed pursuant to this chapter, not dedicated for public use and intended to be private, as indicated
on the filing plan, shall be constructed in accordance with rules and regulations adopted by the county in which such road or street is
located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for
the design and construction thereof, require that, simultaneous with the construction of such streets and roads, a means or mechanism be
provided to insure the perpetual maintenance of such private streets and roads, but in no event shall the State or county be responsible
for such maintenance.

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