22 Del. C. § 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.