Exoedited Bill No. "'33-"-1-"3'------
Conceming: Streets and Roads - Urban
Road Standards and Pedestrian
Safety Improvements
Revised: 11-25-14
Draft No. 5
Introduced:
December 10. 2013
Enacted:
November 25. 2014
Executive:
December 3. 2014
Effective:
December 3 2014
Sunset Date: -=No.,..n,,.e_ _ _ _ __
Ch.
__fil__,
Laws
of Monl Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner and Riemer
AN EXPEQIIED ACT
to:
(I)
(2)
(3)
specify
maximum
standards
for lane widths and curb
radii
on urban roads;
further define
certain required
[[certain])
pedestrian improvements; and
generally amend the laws governing road design and construction.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-4, 49-25, 49-26, 49-29, 49-32, and 49-33
Boldface
Underlining
[Single boldface brackets]
Double undedjnjnq
([Double boldface brackets]]
* * *
Heading or de.fined
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.
E.xisting law wuif.fected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPED!JEO BILL NO. 33 -13
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Sec. 1. Sections 49-4, 49-25, 49-26, 49-29, 49-32, and 49-33 are amended
as follows: ·
49-4.
Public-private participation.
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The County Executive, on behalf of the County, may contract with any person,
who is building a real estate development or subdivision in the County, to participate
in the cost of any street, inclu<ling
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anv
sidewalk, bikeway, gutter, curb or drainage
construction, landscaping, traffic control device, bikeshare station. electric vehicle
charging station, or placement of utilities. conduits. or other amenities in a street or
road dedicated
to
public use.
[[*
49-25.
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*
*]]
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[[Purpose and short title]] Comolete
streets
oolicy and standards.
This Article is intended
to
guide the planning, design, and construction of
transportation facilities in the public right-of-way. Each transportation facility in the
County must be planned and designed
to:
(a)
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maximize
the choice, safety, convenience, and mobility of
all
users,
regardless of age. ability. or mode of transportation.
(bl
maintain or expand connectivity for users.
[[(b)]]
(cl
respect and maintain the particular character of the community
where it is located, [and]
[[(c)]]
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Ull
minimize
stormwater runoff and otherwise preserve the
natural
environment. and
[[@]]
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facilitate.
to
the maxunum extent oossible. the future
accommodation of improved transportation technology elements. such
as intelligent signals, smart parking meters, electric vehicle charging,
car- and bicycle-sharing, and way-finding systems.
To achieve these goals, each County road and street must be designed so
that
the safety and convenience of all users of the roadway system - including pedestrians,
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EXPEDITED Bu No. 33-13
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bicyclists, transit users, automobile drivers, commercial vehicles and freight haulers,
and emergency service vehicles - is accommodated Each road and street must
facilitate multi-modal use and assure that all users can travel [safety] safely in the
public right of way. A specified quantity ofstormwater must
be
managed and treated
on- site, in the road or street right-of-way, including through the use of vegetation-
based infiltration techniques.
These [contest] context-sensitive policies must
be
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employed in all phases of publicly or privately funded facility development,
including planning, design, construction, [and] reconstruction. and streetscaping.
Each transportation
project
must incorporate complete streets infrastructure sufficient
to promote safe and convenient travel along and across the right-of-way for all
users.
*
49-26.
Definitions.
*
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(a)
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Bikeway:
any area expressly intended for bicycle travel, including any:
Shared use path:
a paved path [[8'-12']] that is typically 10 feet wide
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but can varv between 8 feet and 14 feet wide. designated for bicycles
and pedestrians. that is separated from motorized traffic by a curb,
barrier, or landscape panel.
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Sepqrated bike lane.
also known as a
protected
bike lane or cycle track:
a bikeway that is physica)!y separated from motor vehicles and
pedestrian facilities. The separation may be verticaj. such as a curb:
horlz.ontal. such as a landscape panel or parking lane: or a combination.
A separated bike lane may be in a one-way or two-way configuration.
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Buffered bike lane:
a bikewav separated from a motor vehicle t@vel
lane with an area of striped pavement
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ExPEP!JED BILL
No.
33 -13
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Complete streets:
streets tbat are planned. designeq. and constrµcte<l to enable
safe access for
all
vehicles.
users·
including Pedestrians· bicyclists. motorists.
and
transit riders
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of ajl ages and abilities. commercial vehicles. freight haulers. and emergency setyice
Complete stree{S infrqstructure:
any <lesign feature
that
contributes to a safe.
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convenient and comfortable travel experience. which may include such features
as
sidewalks: sbared use paths. bike lanes. and seoarated bike lanes: bike stations and
bike storage facilities: narrow motor Vehicle lanes and tight curb
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radii:
street
trees.
planting strips. and other right-of-way landscaping; curbs and accessible curb ramps:
curb extensions. crosswalks.
and
refuge islands: raised medians: pe<lestrian and
traffic signals. including countdown and accessible signals: signage: streetlighting:
street furniture: bicycle parking facilities:
s!ormwater management: public
transportation stops and shelters: dedicated transit Ian.es: and traffic calming deyices.
*
re<lucing the width ofa street.
*
*
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Curb extension:
an area that extends the line of a curb into a parking lane.
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*
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Maximum Target Speed·
the maximum speed at which vehicles should operate
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on a [throoughfare] thoroughfare in a specific context, consistent with the level of
multimodal activity generated by adjacent land uses, to provide mobility for motor
vehicles and a safe environment for pedestrians and bicyclists. [The target speed is
usually the posted speed
limit.]
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*
*
49-29.
*
*
*
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Sidewalk:
a pedestrian walkway that fronts a road.
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Pedestrian walkways, bikeways, and wheelchair traffic.
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ExPED!IED BIU NO. 33-13
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(a)
Bikeways and walkways must be constructed when any County road is
constructed, reconstructed, or relocated, [[unless the County Council
finds (for a road improvement authorized in a capital improvements
program) or the Planning Board finds (for a road improvement made a
condition of preliminary plan or site plan approval) that bikeways or
walkways sidewalks in that location would reduce public safety, would
not be feasible, or would be disproportionate in cost to their probable
use]] exceot any walkway:
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in :front ofa lot that is larger than 25.000 souare feet for a single-
family <letached dwelling in a rural zone:
on any roa<lway that
is
classified as exceotiona1 rustic. rustic.
coµptry arterial. or country roa4:
on a tertiary residential street if the Planning Board
sidewalk: is unnecessary for oedestrian movement, or
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finds
that a
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if the site is located in an environmentally sensitive area with
limits on the amount of impervious surface allowed.
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[[All bikeways and walkways]] Each bikeway and walkway must
conform to approved capital improvements programs and be consistent
with applicable area master plans and transportation plans adopted by
the Planning Board.
(b)
To promote the safety of bicycle and wheelchair travel throughout the
County, the County Executive must [establish] adopt, by regulation,
standards and specifications to build and
maintain
ramps at curbed
intersections and storm water gratings and other openings along roads
and streets, in each case of a design and type that is not a
baz.ard
to
bicycle and wheelchair traffic and is consistent with Americans with
Disabilities Act best practices guidelines published
.!2y
the United States
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ExPEQ!JED BILL NO. 33 -13
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Department of Justice. These ramps, gratings, and openings must be
built and
maintained
as part of each project under subsection (a).
[[*
*
*)]
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49-32.
(a)
Design standards for types of roads.
The design standards adopted under this Article govern the construction
or reconstruction of any County road except Rustic Roads and
Exceptional Rustic Roads.
If
the Planning Board, in approving a
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subdivision or site plan, [determines] finds that a waiver from any
applicable design standard is necessary to promote context-sensitive
design of a specific road, the Executive or the Executive's designee
must adopt the Board's recommendation unless the Executive or [the]
the Executive's designee [concludes that] notifies the Board why
approving the waiver would significantly impair public safety.
The
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County Council may adopt alternative standards for a specific road
constructed or reconstructed in a project in the approved capital
improvements program.
*
(g)
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*
Each through travel or turning lane on an urban road must be no wider
than 10 feet. except that a single travel lane adjacent
to
a parking lane
must be no wider than 11 feet and
!!
through travel or turning lane
abutting an outside curb[[, which)] must be no wider than
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11
feet,
including the gutter pan. Each parking lane on an urban road must be
no wider than
~
feet, including the gutter pan. The filmY!arcls in this
subsection do not aooly if. for a road improvement reauired as a result
of approving a subdivision or site plan. the Executive or the Executive's
designee concludes that aoolying a specific standard at a specific site
would significantly impair public safety.
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EXPEDITED BILL NO. 33-13
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The curb radius at the comer of each intersection of two urban roads
must not exceed 15 feet[[J] exceot where:
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there is only one receiving lane:
a curb extension is located: or
for a road improvement
required
as a result of aooroving a
subdivision or site plap. the Executive or the Executive's
designee concludes that awlving this stapdard at a specific site
would significantly impair oublic safety.
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([Curb extensions must
be
provided at the ends of each permanent
parking lane except where a right-tum lane is designated.]]
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Each pedestrian refuge must be at least§
feet
wide. A pedestrian refuge
must
be
rwrovided]] located at each intersection on!! divided highway
with
§
or more through travel lanes.
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Unless otherwise specified
in
!! master plan or the approved capital
improvements program, the
maximum~
[[speeds in the table below
must govern the construction or reconstruction of any County road
except Rustic Roads and Exceptional Rustic Roads:]] speed for a road
in an urban area is 25 mph.
[[Classification
Freeway
Controlled Major Highway
Parkway
Ta!]r;et
Sueed
55-65 m12h
50mph
urban: 25 mph
Suburban: 40 mph
urban: 25 mph
Suburban: 35-40 mph
rural: 45 mph*
Major Highway
Coun!;ry Arterial
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Suburban: 40 mph
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ExpEDIJED BILL No. 33 -13
rural: 40-45 myh*
urban: 25 mph
Arterial
Suburban: 35 mph
rural: 40 mph*
urban: 25 myh
Minor Arterial
Business District Street
Industrial Street
Coun!n'. Road
Primary and Princiyal Secondary Residential
Streets
Secondarv Residential Streets
Tertiarv Residential Street
Suburban: 30 mnh
rural: 35 mnh*
25 mnh
25 mnh
25 mnh
25 mnh
20 mnh
20mnh
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49-33.
Alley
15 myh]]
[[*Target syeed for these classifications m suburban and
rural
commercial z.ones is 30 mnh.J]
[[*
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Road construction requirements.
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(e)
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If
a lot or lots front on a public road, the permittee must
install
sidewalks, master-planned bikeways. ramps, curbs, and gutters,
except any sidewalk:
(A)
in front of a lot that is larger than 25.000 square feet for a
single-family detached dwelling in a rural zone:
(ID
on any roadway classified as exceptional rustic. rustic.
countzy arterial. or coun!zy road:
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ExpED!TED BILL NO. 33-13
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LC)
on a tertiary residential street. or
in
an environmentally
sensitive
area
with limits on the amount of impervious
surface allowed. if
in
either case the Planning Board finds
that a sidewalk is unnecessary for pedestrian movement: or
all
on a secondarv or
tertiary
residential street or service drive
where the Department of Pennitting Services finds
that
a
sidewalk will not connect potentially to other si<lewalk
segments.
[[except on any Secondary or Tertiary Residential Street[,] or on
any Service Drive fronting on any lot
in
a residential zone. This
requirement does not apply ifthe minimum net lot area for a one-
family detached dwelling
in
that
zone is larger than 25,000 square
feet, except that [a sidewalk must be installed] the permittee must
install sidewalks and ramps on any primary or higher
classification road.]]
ill
However, the Planning Board may require the applicant to install
sidewalks, ramps, curbs, and gutters
[[in
any such zone]] if the
Board finds, as a condition of approval of a preliminary
subdivision plan
or
site plan,
that sidewalks,
bikeway
connections. ramps, curbs, and gutters at that location are
necessary to allow access:
[[(1)]]
(Al
to a sidewalk or bikeway;
[[(2)]]
au
to a bus or other public transit stop;
occupants of the site or subdivision; or
[[(3)]]
LC)
to
an amenity or public facility that
will
be used by
[[(4)]]
!Ill
by persons with disabilities.
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ExPEDIIEP BILL
No.
33 -13
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Before the Planning Board approves any requirement under [[the
preceding sentence)] this paragraph, the Board must give the
Departments of Permitting Services and Transportation a
reasonable opportunity to comment on the proposed requirement
*
*
*
Sec.
2. Regulations; applicability.
The County Executive must transmit
to
the Council, by June 1, 2016, a regulation adopted under Method 2 that contains
comprehensive complete streets guidelines.
Once adonted this regulation must
replace
the
standards in Section 49-32(g).
(h)
and
(i).
Any revised road design and
construction standards in Chapter 49, as amended in Section 1 of this Act, do not
apply
to
any road construction project that is in
final
design or construction when this
Act takes effect
Sec. 3. Exnedite<I Effective Date.
The Council declares that this legislation
is necessary for the immediate protection of the public interest. This Act takes effect
on the date when it becomes law.
Approved:
i
( ( ;)..5 I
Date
Approved:
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This is a co"ect copy ofCouncil action.
ii!i!i&f:fP
,
Date
~?h.~
Linda M. Lauer, Clerk of the Council
Date
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