Agenda Item 4
April 13,2010
Introduction
April 9, 2010
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Jeffrey
L.
ZYOnt~LegiSlatiVe
Attorney
r
Introduction:
Bill 17-10, Public Utility Easement - Urban Roads
Bill 17-10, Public Utility Easement - Urban Roads, sponsored by Councilmember Eirich,
is scheduled to be introduced on April 13, 2010. A public hearing is tentatively scheduled for
June 15,2010 at 1:30 p.m.
Bill 17-10 would require the Department of Transportation to allow public utilities to be
located in the right-of-way of an urban road. Public utilities were allowed in the right-of-way of in
Central Business District areas.
SRA 10-01 is being introduced as a companion to Bill 17-10. SRA 10-01 would allow
appropriate building setbacks along urban roads by prohibiting public utility easements. The
Planning Board would have the authority to allow a public utility easement along an urban road if it
finds that the resulting building setbacks are appropriate.
This packet contains
Bill 17-10
Legislative Request Report
Circle
1
3
F:\LAW\BILLS\l 0-17 public utilities-urban roads\inroduction
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Bill No.
17~10
Conceming: Public Utility
Easement~
Urban Roads
Revised: 4-1-10
Draft No.
_1_
Introduced:
April
13.
2010
Expires:
October
13,
2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_~:--
_ _ _ _ _ __
Sunset Date:
_N~o~n!.::::e
_ _ _ _ __
Ch, _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
.By: Councilmember EIrich
AN
ACT to:
(1) allow public utilities in the right-of-way ofurban roads.
By amending
Montgomery County Code
Chapter 49, Road Code
Section 49-32. Design standards for types of roads.
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
17-10
1
Sec.
1.
Section 49-32 is amended as follows:
(a)
The design standards adopted under this Article govern the construction or
reconstruction of any County road except Rustic Roads and Exceptional Rustic
Roads.
2
3
4
5
6
* * *
(b)
A limited segment of a County road may be designed to vary slightly from the
applicable standards, criteria, or specifications, as necessary to adjust to site­
specific conditions, as long as the road's typical cross-section and other
attributes conform to the applicable standards, criteria, or specifications.
7
8
9
10
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12
** *
(c)
In this Article and the standards adopted under it:
(1)
an 'urban' road is a road segment in or abutting a Metro Station Policy
Area, Town Center Policy Area, or other urban area expressly identified
in a Council resolution;
13
14
15
* * *
(d)
The minimum right-of-way for a road may be specified in the applicable
master plan or sector plan for the area where the road is located.
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18
* * *
(g)
Public utilities must be allowed in urban road rights-of-way_
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21
Approved:
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23
Nancy Floreen, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 17-10
Public Utility Easement
-
Urban Roads
DESCRIPTION:
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
This Bill would require the Department of Transportation to allow
public utilities in urban roads.
Public utility easements that abut urban roads can create undesirable
building setbacks in urban areas.
To allow public utilities to use the public right-of-way.
Department of Transportation, Planning Board
To be requested.
To be requested.
To be requested.
Public utilities are in the public rights-of way in Central Business
Districts..
Jeffrey
L.
Zyontz, Legislative Attorney, 240-777-7896
None.
Not applicable
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