Agenda Items #7-8
June 15,201 0
Public Hearing
MEMORANDUM
June lO, 20lO
TO:
FROM:
SUBJECT:
County Council
Jeffrey
L.
zYOnJ.{;giSlative Attorney
Public Hearing:
Subdivision Regulation Amendment (SRA) 10-01;
Public Utility Easements - Urban Roads; and
Bil117-10, Public Utility Easement - Urban Roads
SRA 10-01, Public Utility Easements - Urban Roads and Bi1117-lO, Public Utility Easement - Urban
Roads, sponsored by the Councilmember EIrich, were introduced on A.priI13, 2010.
SRA 10-01 would allow appropriate building setbacks by prohibiting public utility easements along urban
roads. 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. The SRA was introduced with a companion
Bill. 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.
A Transportation, Infrastructure, Energy and Environment (T &E) Committee worksession on the SRA
and Bill is tentatively scheduled for June 24,2010 at 9:30 a.m.
This packet contains:
SRA 10-01
Bill 17-10
Legislative Request Report
1-2
3-5
6
Bland Use\SRAs\SRA 10-01 PUE- urban roads\SRA 10-01 public hearing.doc
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Ordinance No.:
Subdivision Regulation Amend. No.: 10-01
Concerning: Public Utility Easements ­
Urban Roads
Revised:
4/1110;
Draft No.1
Introduced: April 13> 2010
Public Hearing:
Adopted:
Effective:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich
AN AMENDMENT
to the Subdivision Regulations to:
Prohibit public utility easement along urban roads under certain circumstances.
By amending
Montgomery County Code
Chapter 50, Subdivision of Land
Section 50-40, Public utilities
Boldface
Underlining
[Single boldface brackets]
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* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
ORDINANCE
The County Council for lvfontgomery County, Maryland, sitting as the District Council for that
portion ofthe .Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
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1
Sec.
1.
Section 50-40 is amended as follows:
Sec. 50-40. Public utilities.
(a)
General. Pipelines, electric power and energy transmission and distribution
lines and cables, and telephone and telegraph lines and cables [shall] must be
underground in a subdivision where the preliminary subdivision plan is filed
subsequent to June 6, 1967.
(hl
Unless the Planning Board determines that the resulting building setbacks
would be appropriate,
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public utility easement on
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record plat must not be
required if the easement would abut an urban road as defined
Qy
Chapter 49
Section 32(c)(1).
(£!
Installation. Underground installation shall be required but not limited to
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total of six (6) or more buildings in a subdivision. Temporary overhead lines
[shall] must be permitted for any total ofless than six (6) buildings in a
subdi visi on.
[(c)]@
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Sec. 2. Effective date. This ordinance takes effect 20 days after the date of
Council adoption.
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Approved:
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Isiah Leggett, COWlty Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe COWlcil
Date
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Bill No.
17-10
Concerning: Public Utility Easement­
Urban Roads
Revised: 4-1-10
Draft No. _1_
Introduced:
April 13, 2010
Expires:
October 13, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
Sunset Da-te-:--:-":N-on-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 of urban 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.
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(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 confom1 to the applicable standards, criteria, or specifications.
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(c)
(1)
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In this Article and the standards adopted under
it:
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;
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(d)
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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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(g}
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Public utilities must be allowed in urban road rights-of-way.
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Approved:
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Nancy Floreen, President, County Council
Date
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BILL No. 17-10
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Approved:
Isiah Leggett, County Executive
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Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the 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:
ECONOlVIIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNI CIPALITIES:
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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