How Not to Blow a Large Hole in Delaware’s “Complete Streets” Policy

Even if building a sidewalk here doesn’t make sense, don’t give a blanket exemption for developers.

“Complete Streets” – That’s a concept that our streets should be designed for everybody (not just for cars). It’s about redesigning our streets in our built up areas but it is also about new development as well. Delaware has a complete streets policy but in order for that policy to have teeth the policy must be carried over into the state’s regulations that govern new subdivisions and other developments.

So when when we heard about a proposed exemption to the establishment of sidewalks and bike paths in certain developments alarm bells went off in our heads. But when reading the nitty gritty details we found out what they were talking about.

Basically there are two important changes – one positive and one negative – in the new proposed walking/cycling regulations, both related to the establishment of what is called a “fee in lieu of construction”. The positive change is the establishment of the fee – which is an appropriate mechanism for DelDOT to have at its disposal when walking and cycling facilities are inappropriate for one reason or another:

• The “fee in lieu of construction” allows a developer to contribute to a fund that can then be used to construct such facilities elsewhere.
• On the negative side the proposed regulation allows for waiving this fee in rural (and environmentally sensitive) areas. This is a bad precedent because it provides an incentive for developers to build in places where development should not occur.
• Ideally the fee will be either directed towards regional bicycle and pedestrian priority areas or awarded as part of a competitive grant program which helps ensure that the money is spent based on the merit of the project.

An isolated bus stop.

Bike Delaware has submitted comments urging DelDOT to move forward with the fee in lieu of construction as long as the fees go to a dedicated fund and that rural developments are not exempted.

The take away message here is that these mundane regulations matter. But they are also pretty obscure and technical and it’s pretty hard – if not impossible – for individual citizens to engage in their creation or revision in any meaningful way. That’s why it’s so critical that cyclists be organized so that we can develop the needed policy expertise to engage transportation professionals in government on their own terms. That’s what the Bicycle Coalition has been doing with the city of Philadelphia for many years. And that’s what Bike Delaware does for cyclists in Delaware. In Philadelphia and in Delaware, we translate the needs of cycling – when necessary – into government gibberish. It’s a pain in the ass a lot of the time. But it’s how we make sure our communities are constantly getting more bicycle friendly, and don’t slip backwards.

  John Boyle is the research director of the Bicycle Coalition of Greater Philadelphia.

RELATED:

• How to Make “Fee In Lieu of Construction” Policy Work for Delaware (Bike Delaware letter to DelDOT)

• DelDOT Proposed Walking/Cycling Regulation