Traffic impact study requirements.

§ 313. Traffic impact study requirements. If the legislative body of a municipality enacts an ordinance, or a municipal agency adopts a regulation, that imposes a traffic impact study for a proposed change in the zoning classification for land, a new roadway access associated with site development, or for any other purpose, the ordinance or regulation must at least provide the following: (1) That the threshold for determining if a traffic impact study is required must be based on peak hour trips, not vehicle trips per day, and the threshold must at least meet the following: a. For a residential development, 500 peak-hour trips. b. For a commercial development, 500 peak-hour trips, excluding pass-by trips. (2) That the traffic impact study is not required in a “Downtown Development District” or “Downtown Development Corridor,” as defined under § 1902 of this title.85 Del. Laws, c. 344, § 8;