The way we see it, the developer will be doing this at their own peril. The TIS is flawed, with DelDOT's findings excluded in the scope. According to Vic Singer, this is irregular and inconsistent with County law:
|Victor Singer (13 years former|
Chair of NCC's Planning Board)
For the Chestnut Hill Preserve TIS, DelDOT did indeed add six intersections to the TIS scope, to include the Route 4 intersections with Salem Church Road and Library Avenue. And a 9/9/2016 DelDOT letter (with copies to the LU Department) reminds the TIS author of that addition and acknowledges the author's and DelDOT's finding that both above-mentioned intersections would be well into the "E" LOS range, and that no remedial system improvements are contemplated. (read Vic's entire essay)
Here are the adjustments needed to fix the TIS:
It should also be noted that Vehicle Miles Traveled (VMT) was down significantly in 2010 due to the great recession, and gas prices were approaching $4/gallon. People were consolidating trips, using other means, and/or driving less in general. If these intersections were a grade "E" in LOS in 2010, it's a virtual certainty that they're an "F" now (for a simple chart showing each grade and the delays involved, open the CMS report and turn to page 3).