Agenda Item 4B
November 15,2016
Action
MEMORANDUM
November 10, 2016
TO:
FROM:
SUBJECT:
County Council
Jeffrey
L.
ZYOn"nior Legislative Analyst
Action:
Expedited Bill 34-16, Streets and Roads - Design
Planning, Housing and Economic Development Committee recommendation (3-0):
enact Bill 34-16 with the amendments detailed below.
The Committee further recommends an effective date of February 13, 2017. This date
would match the proposed effective date of SRA 16-01.
Expedited Bill 34-16, Streets and Roads - Design, sponsored by Lead Sponsor Planning,
Housing and Economic Development Committee, was introduced on August 2. A public hearing
was held on September 13. There were no speakers at that public hearing. Testimony was
submitted that recommended allowing permits to obstruct the right-of-way based on site plan
approvals by Rockville or Gaithersburg. Planning, Housing and Economic Development
Committee worksessions were held on September 12 and October 31,2016.
Bill 34-16 would define certain terms in Chapter 49, establish a permit requirement for
closing a private road, clarify provisions for permanent structures approved in a site plan and
establish road design criteria. These changes proposed are initiated by revisions proposed in
Subdivision Regulation Amendment (SRA) 16-01 and provides better coordination with Planning
Board approvals.
Issues and recommended amendments
Closing Private Roads
SRA 16-01 would specifically allow private roads under certain circumstances. Private
road closures become a matter ofpublic concern when the road provides the only means of access
for emergency vehicles or when the closure by one owner of the road denies access to other
properties. This is a current problem. As the potential for private roads increases, the need for a
permit to close a private road increases. This a particular problem with urban roads.
Bill 34-16 would require a permit for the closure of any portion on the road. This would
include lane closures.
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The Committee recommends revising Bill 34-16 to require a pennit submitted by the road
owner (not any person - see lines 5 and 52 of the Committee draft on ©14 and 15) for closure for
all urban private roads (not any private road - see lines 39-40 ofthe Committee draft on ©15).
The Department of Pennitting Services (DPS) recommended and the Committee agreed
that Bill 34-16 should require a fee, established as a Method 3 regulation, for road closure permits
(see lines 60-61 of the Committee
draft
on ©16).
Lane closures do not require an extensive temporary traffic control plan reviewed by the
Department of Transportation (DOT) and DPS recommends revising the Bill to reflect that. DPS
also recommended that lines 66-77 ofthe Committee
draft
(©16) read as follows:
W
Before the Director of Permitting Services issues
~
pennit to close
~
private road in
whole or in part under this Section, the Director of Transportation must review
[[and approve]) or waive review each= application [[for closure of
~
private road]]
to ensure that closure will not adversely impact [[the area transportation networkl]
the use of connecting public roads. The Director of Transportation may recommend
pennit conditions to the Director ofPennitting Services. [[approve)) The owner of
a private road must submit
~
temporary traffic control plan that requires signage
during closure to infonn pedestrians about the duration of the closure, the pennit
number, and the owner's contact telephone number to call that address conditions
of closure as may be required by the Director of Pennitting Services.
The Committee agreed.
Permanent structures in the right-of-way
The Planning Board has approved site plans that have required such structures as retaining
walls, steps, and plazas in the right-of-way. Currently, there is not a clear mechanism to allow
these structures without a franchise agreement. Bill 34-16 would provide a method to
accommodate these structures to avoid another reason to make a street private (which would have
no public right-of-way).
The testimony received recommended treating site plans approved by the Cities of
Rockville and Gaithersburg the same as Planning Board approved site plans (revising line 22 of
the Committee
draft
on © 14).
In
the absence of a change, the owner of an approved Rockville or
Gaithersburg site plan, with structure's required in the public right-of-way, must seek a franchise
agreement to do what the City required them to do. The Committee was satisfied that DPS retained
the issue, or not issue a pennit in the right-of-way, and agreed to recommend an amended Bill to
allow a right-of-way pennit based on a Rockville or Gaithersburg approved site plan.
DPS recommended adding a definition of "streetscape" as follows:
Streetscape includes street furnishings. fixtures and elements in connection with public use
of the right-of-way but does not include enclosed structures or vaults or improvements for
private use. (see lines 23-26 of the Committee
draft
on ©14)
The Committee agreed with this amendment.
2
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Road Design
SRA 16-01 refers to design criteria in Chapter 49.
Bill
34-16 as introduced provided
detailed design specifications. Staff had thought that these standards were generally accepted but
that does not appear to be the case. In any event, DOT now recommends deleting the detailed
specification and the Committee agreed. This would require deleting lines 62-64 and lines 72-111
in
Bill
34-16 as introduced.
Editorial Changes
The attached revised Bill recommended by the Committee include various editorial changes that would
not change the substance of Bill 34-16 as it was introduced.
This packet contains:
Expedited
Bill
34-16
Legislative Request Report
Fiscal and Economic Impact statement
Draft Expedited
Bill
34-16 as recommended by the Committee
F:\LAw\BILLS\1634 Streets And Roads-Design\Action Memo.Docx
Circle #
I
7
8
13
3
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Expedited Bill No.
_-=34~-1=6
_ _ __
Concerning: Streets and Roads - Design
Draft No.
_1_
Revised:
7/27/2016
Introduced:
August 2, 2016
Expires:
February 2, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ----'-"'N=on.!.::e'-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Planning, Housing, and Economic Development Committee
AN EXPEDITED ACT
to:
(1)
clarify that certain pennanent, nonstandard structures may be installed in the public
right-of-way under certain circumstances;
(2)
require a pennit to close any portion of a private road;
(3)
define certain tenns;
(4)
establish road design criteria; and
(5)
generally amend County law regarding rights-of-way and streets and roads.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-1, 49-11, 49-26 and 49-33
And adding
Section 49-11A
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.
Deletedfrom 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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ExPEDITED BILL
No. 34-16
1
Sec.
I.
Sections 49-1, 49-11, 49-26 and 49-33 are amended as follows:
49-1. Compliance with standards; regulations; penalty for violations.
2
3
4
*
*
*
(b) The closure ofany private road must meet the standards and requirements
of Chapter 22, and
f!
person must obtain
f!
permit from the Department
of Permitting Services under Section 49-11A.
[g}
5
6
7
The County Executive may issue regulations under method (2) to
implement this Chapter, except where a different method is specified.
8
9
[(c)]
@
Any violation of this Chapter or any regulation issued under it is a
Class B violation, except when expressly provided otherwise.
49-11. Permit to obstruct public rights-of-way.
10
11
12
(a) Unless this Section prohibits the issuance of a permit, the Director of
Permitting Services may issue a permit to:
13
14
15
16
17
18
19
*
right-of-way; [or]
*
*
(3) install a temporary, removable obstruction or occupation of a
(4) close a curb lane, sidewalk, or shared use path in conjunction
with the construction or reconstruction of an abutting
structure[.]; or
20
21
ill
install permanent, nonstandard structures in the right-of-way that
were approved as
f!
site element of streetscape under Chapter 59,
Section 7.3.4. The permit applicant must execute
f!
declaration
of covenants that runs with the land to perpetually maintain the
permanent, nonstandard structure in
f!
good and safe condition;
return the right-of way to its condition before the nonstandard
structure was installed if the nonstandard structure is removed;
and indemnify the County from any cost or liability associated
22
23
24
25
26
27
o
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ExPEDITED BILL
No. 34-16
28
with the construction, maintenance, use or removal of the
nonstandard structure.
29
30
31
*
49-11A. Permit to obstruct private roads.
*
*
32
33
34
ill
{hl
A person must not close any portion of
~
private road without
~
permit
from the Director of Permitting Services.
The Director ofPermitting Services may issue
~
permit for the complete
or partial closure of
~
private road if the closure does not:
35
36
37
ill
ill
ill
ill
{£}
violate Chapter 22;
unreasonably impede the use of the private road
Qy
persons in
wheelchairs;
unreasonably impede or endanger the users of any building or
structure adjacent to or abutting the private road; or
adversely impact the area transportation network.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
A person must apply for
~
permit on
~
form prescribed
Qy
the Director
of Permitting Services, submit detailed plans and specifications,
including the locations and use and occupancy of all buildings or
structures adjacent to or abutting the private road, and any additional
information as the Director may require.
@
The Director of Permitting Services must include conditions in each
permit that provide for the safety of any user of
~
building or structure
adjacent to or abutting the private road, including providing for safe
alternate access to and egress from any building or structure.
ill
Before the Director of Permitting Services issues
~
permit to close
~
52
private road in whole or in part under this Section, the Director of
Transportation must review and approve each application for closure of
~
53
54
private road to ensure that closure will not adversely impact the area
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ExPEDITED BILL
No. 34-16
55
56
57
58
59
60
61
transportation network. The Director of Transportation must approve
~
temporary traffic control plan that requires signage during closure to
inform pedestrians about the duration ofthe closure, the permit number,
and the contact telephone number to call.
49-26. Definitions.
In this Chapter, except where specified otherwise, the following words and
phrases have the meanings indicated:
AASHTO:
The American Association of State Highway and Transportation
62
63
64
65
Officials. The guidelines in the 2011 (6
th
edition) of "A Policy on Geometric
Design of Highways and Streets" manual, as revised from time to time.
*
*
*
66
67
68
69
70
71
Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any
segment of any of them, including any pedestrian walkway adjacent to the
private road that has not been deeded, dedicated or otherwise permanently
appropriated to the public for public use.
49-33. Road Design and Construction requirements.
*
ill)
*
*
72
73
Requirements for Profiles Submitted,for Approval to the Department
Q[
Permitting Services.
Design requirements are:
74
75
76
ill
An applicant must use the vertical curve guidance in the current
edition of the AASHTO, as modified below, for designing
roadway profiles.
77
78
ill
The "Target Speed" for the proposed road as determined
Qy
this
Chapter, Executive Regulation, or the applicable master plan,
must be used as the "Design Speed" referred to in AASHTO.
Unless otherwise specified in
~
79
80
master plan or the approved
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EXPEDITED BILL
No. 34-16
81
capital improvements program, the maximum target speed for
road in an urban area is 25 mph.
~
82
83
84
ill
Landing grades must be provided at all arterial roads and primary
residential streets, ·using
~
2% slope down from the center line of
the road intersected to
~
85
86
87
88
89
point along the gutter line, then
~
2%
slope!:!Q.,. providing a low point at the gutter line ofthe intersected
arterial road or primary residential street and
~
short tangent
grade of 2% rising to the point of tangent for the fillet curve at
the intersection.
90
91
92
93
94
95
ill
Landing grades to secondary residential roads may be provided
with
~
cross slope of 4% or less. Landing grades to tertiary
~
residential roads may be provided with
6% or less.
cross slope of exceed
ill
®
The grades for arterial roads and primary residential streets must
be 4% or less at any intersection with other roads.
The grades for arterial roads and primary residential roads must
be 8% or less, except where short theoretical tangent projections
for vertical curves require
~
greater grade.
96
97
98
99
ill
The grades for secondary residential streets must be 10% or less,
except where short theoretical projections for vertical curves
require
~
greater grade.
100
101
102
103
104
105
®
Maximum grades for tertiary residential streets are as follows:
(A)
Where parking abuts the road: 10%
In any case
ill)
=
14%
=
12%"
[Q
Elsewhere, for
~
length of 200 feet or less (but not within
200 feet of
~
secondary or primary residential street nor
within 250 feet of arterial or higher classification)
106
107
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ExPEDITED BILL
No. 34-16
108
(2)
The minimum length for any crest or sag vertical curve is 50 feet.
109
110
111
Q.ID
The calculated minimum curve lengths may be adjusted, with
approval from the Department of Permitting Services, to satisfy
unique site conditions or design constraints.
112
113
114
115
116
*
Sec. 2. Expedited Effective Date.
*
*
The Council declares that this legislation is necessary for the immediate
protection ofthe public interest. This Act takes effect on the date on which it becomes
law.
Approved:
117
118
119
Nancy Floreen, President, County Council
Date
120
Approved:
121
Isiah Leggett, County Executive
Date
122
This is a correct copy ofCouncil action.
123
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 34-16
Streets and Roads
-
Design
DESCRIPTION:
Expedited Bill 34-16 would define certain tenns in Chapter 49,
establish a pennit requirement for closing a private road, clarify
provisions for pennanent structures approved
in
a site plan and
establish road design criteria.
Proposed changes in Subdivision Regulation Amendment (SRA) 16­
01 require amending Chapter 49. The current chapter lacks provisions
for closing private roads, road design standards, and pennanent
structures in the public right of way.
The goal of Bill 34-16 is to coordinate proposed changes to Chapter
50 and Chapter 59.
Department of Transportation, Department of Permitting Services, and
the Planning Department
To be requested.
To be requested.
To be requested.
To be researched.
Department of Transportation, Department of Permitting Services,
and the Planning Department
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Violations of Section 49-11 are treated as a class A violation.
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f:\law\bills\1634 streets and roads-design\lrr.docx
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ROCKVILLE, MARYLAND
MEMORANDUM
September 16,2016
TO:
Nancy Floreen, President, County Council
Jennifc.r
A.
Alexandre A.
FROM:
H.u~h~s1lJi:ec~or,
Office
ofManagem~nt
and Bud'
E,7r
.
lJ .
&~
ESPl~
DIrector, Department of Fm8nce
fZI-"
r
~
-"
SUBJECT:
FElS
for
Bill 34-
J
6E, Streets and Roads - Design
Please find attached the fiscal and economic impact
statements
for the aoove­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Infonnatiol1 Office
David
Platt, Department ofFinance
Dennis Hetman, Department of Finance
Jenni Nordin, Office of Management and Budget
Naeem Mia, Office of Management and Budget
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Fiscal Impact Statement
Council Bill 34-16E
Streets and Roads - Design
1. Legislative Summary
This bill defines certain terms in Chapter
49,
establishes a pennit requirement/or
closing a private road, and clarifies provision.r;; for permitting of
non~standard
streetscape in the public right ofway. This bill relates to revisions proposed in
Subdivision Regulation Amendment (SRA)
16~01.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed
in
the recommended or approvt.>d budget. Includes
source of information, assumptions, and methodologies
used.
Revenues: The Department of Permitting Services (DPS) will establish permit fees to
cover the estimate
0/
DPS expenditures. The jees will be established by Executive
Regulation. Revenues will be dependent on the volume ojjJermits.
Expenditures: DPS estimates 500 permitl may be issued/or partial or complete private
road closures per year. The Department ofTransportatitm (DOT) and DPS will absorb
costs associated with sta/ftime to review, process; and issue permits. Expenditures
'will
be dependent on the volume ofpermits and type ofclosure.
F;Xpenditures by Type ofClosure:
r-"'Typeoj
EXpected
Impact to
DOT
'--"-"-"'-'-1
Impact to
DI'S
Count
L.Closure
7
~,VIA"-""""""'-'-'--r-::O-:F'£=r:":--s
---+--::-10:-:0
hour.-s-=P:-er-m-:it------r--::.-
.-=05
Single
400
O
lane, short­ Technician
$0
$3,700
term
100
hours
Plan
Review
O.05}TEs
$5,200
400
hours ROW Inspection
I
FT,=ts-··-·-··.·.---i
\
O,I9FrEs
$18,000
D.DIFTEs
$463.00
'"L;;~g~t;~-m-;-~-'O---I
ii/hours
Plan
or sidewalk
i
Review
;
Full road
50
240
hours Plan
Review
I
I
'
::--:--:---=-=---+1-:-.-----+1----.
Review
0.12
FTEs
$14,400
, 0.3 Fr"i-"-­
12.5
hours Permit
l'eclvzician
I
$3,600
75
hour.vFire
Safety
O.04n"E~
$3,900
I
!
J
O.24FT&
__
__
+-$_2_2,'-5_00._.._ ...............
_~
.
25
hours
Permit
O.OlFT&
I
Technician
$925.00
O.
05}TES~
$5,200
I
500
hour.v
ROW Inspection
I
I
I
Review
_ _ _ _•.•..J.._ _ _ _- ' - ­
I
100 hours litre
Safety
200 hours Fire
Marshall
O.
JOFTE..~
_--'-....;Ins...;;L.....;ec....;:ri_o'!________
-'-'-S.....:9._0.0_Q.........
1
DPS estimation is based on DOT approved
public
road and lane closures and a trend in private road closures.
(j)
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I
Typeo!
Ciosure
Total
I
500
1
I
I
Expec.ted
Count
impact to DOT
0.15FTEs
$18,000
Impact
(0
DPS
~~~--~~
300 hows Plan
Review
'~=:-=----+---:-:::-:-:-"--""""-"----r-:-::-:==
137.5
hours Permit
Technician
O.07FTEs
$5,088
I
}
100 hours Plan &view
O.05FTEs
$5,200
I
l
175 hours Fire Safety
Review
900 hows
ROW
in..<:pection
O.OBFTEs
$9, lOO
0.43FTEs
$40,500
I
I
200 hours Fire Marshal
inspection
160 hours IT
Reconfiguration
O.JOFTEs
$9,000
O.07FTEs
$9,120
J
See Question 2.
I
Grand Total
O.lSFTEs
$18,000
Grand Total
0.80 fTEs
$78,008
i
_ - - ' ­ _ _ _''"._",,_._--..J
f
I
3. Revenue and expenditure estimates covering at least the next 6 fiscal. years.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable.
5. An estimate of expenditures related to County's infonnation technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
DFS expects
J
60 work-hours will be needed to reconfigure Han.''ien and
Apply
Online IT
systems.
6. Later actions that may affect future revenue and expenditures
if
the bill authorizes future
spending.
Not applicable.
7.
An
estimate ofthe staff time needed to implement the bill.
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DPS expects additional staffwork-hoursfor processing, plan reviews, inspection..., and IT
reconfiguration. DOT expects additional staffwork-hours for plan reviews. See Question
#2 for additional detail.
8. An explanation ofhow the addition of new staff responsibilities would affect other duties.
Abs01ption ofadditional work may increase processing times or overtime use.
9.
An
estimate of costs when an additional appropriation is needed.
Not applicable.
10. A description of any variable that could affect revenue and cost estimates.
Revenues are dependent on the volume ofpermits.
11. Ranges of revenue or expenditures that are uncertain or difficult
to
project.
Revenues and expenditures are dependent on the volume and type.
12. If a hill is
likely
to have no fiscal impact, why that is the case.
Not applicable.
13. Other fiscal impacts or commentS.
Not applicable.
14. The fol1o'Wing contributed to and concurred
with
this analysis:
DPS: Rick Brush, Linda Kobylski, Atiq Panjshiri, Ehsan Motazedi, Diane Schwartz Jones
DOr: Bruce Johnston, Dan Sanayi, Al Roshdieh
OMB: Jennifer Nordin, Brady Gold<;mith
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Economic Impact Statement
Expedited Bill 34-16, Streets and Roads - Design
Background:
This legislation would:
• define certain terms in Chapter 49 of the County Code;
• require a pennit to close
any
portion of
a
private
road;
• clarify that certain permanent, nonstandard structures may be installed in the
public right-of-way under certain circumstances; and
• establish road design criteria.
1. The sources of information, assumptions, and methodologies used.
The
source ofinfonnation includes the Department
of
Transportation (DOT). The
Department of Finance (Finance)
did
not make
any
assumptions or used any
methodologies in the preparaiion ofthe economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There are no variables that could affect the economic impact estimates.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Expedited Bill 34-16 would have no significant economic impact on employment,
spending, savings, investment, incomes, and property values
in
the County. Section
49-33 of the County Code is amended to specify construction requirement.:; and road
design.
While
the amendment may add constructions costs
to road
projects,
it is
uncertain without specific data what the amount of such costs
will
be.
4.
If
a Bill is likely to have no economic impact, why is that the case?
P1
ea<re
see
paragraph
#3.
5. The following contributed to or concurred with this analysis:
David Platt, Mary
Casciotii. and Robert Hagedoorn, Finance; Brady Goldsmith, OMB.
Alexandre
A.
Espinosa, Director
Department of Finance
--~~~
Page
1
of 1
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Expedited Bill No. _-=3..:..4--:.1..:.6_ _ __
Concerning: Streets and Roads - Design
Revised: 11/3/2016
Draft No.
_5_
Introduced:
August 2,2016
Expires:
February 2, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ......:...:.No=n=e:...-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Planning, Housing, and Economic Development Committee
AN EXPEDITED ACT
to:
(1)
clarify that certain permanent, nonstandard structures may be installed in the public
right-of-way under certain circumstances;
(2)
require a permit to close any portion of a private road;
(3)
define certain terms; and
(4)
[[establish road design criteria; and))
(5)
generally amend County law regarding rights-of-way and streets and roads.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-1, 49-11, 49-26 and 49-33
And adding
Section 49-11A
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.
Deletedfrom 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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EXPEDITED BILL
No. 34-16
1
Sec. 1. Sections 49-1, 49-11, 49-26 and 49-33 are amended as follows:
49-1. Compliance with standards; regulations; penalty for violations.
2
3
4
5
*
(b)
*
*
The closure ofany private road must meet the standards and requirements
ofChapter 22, and;
[[~person]]
the owner ofthe private road must obtain
~
6
7
8
permit from the Department of Permitting Services if required under
Section 49-11A.
W
The County Executive may issue regulations under method (2) to
implement this Chapter, except where a different method is specified.
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11
[(c)]
@
Any violation ofthis Chapter or any regulation issued under it is a
Class B violation, except when expressly provided otherwise.
49-11. Permit to obstruct public rights-of-way.
12
13
14
15
(a)
Unless this Section prohibits the issuance of a permit, the Director of
Permitting Services may issue a permit to:
*
(3)
right-of-way; [or]
(4)
*
*
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install a temporary, removable obstruction or occupation of a
close a curb lane, sidewalk, or shared use path in conjunction
with the construction or reconstruction of an abutting
structure[.]~
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or
ill
install permanent, nonstandard structures in the right-of-way that
were approved by the Planning Board. the City of Rockville. or
the City of Gaithersburg in a site plan as
~
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site element of
Streets cape
streetscape [[under Chapter 59, Section 7.3.4]].:.
includes street furnishings. fixtures and elements in connection
with public use ofthe right-of-way but does not include enclosed
structures or vaults or improvements for private use. The permit
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EXPEDITED BILL
No. 34-16
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applicant must execute
~
declaration of covenants that runs with
the land on which the project associated with the streetscape is
being developed to perpetually maintain the [[permanent,
nonstandard structure]] permitted streetscape in
~
good and safe
condition; return the right-of way to its condition before the
[[nonstandard structure]] permitted streets cape was installed if
the nonstandard [[structure]] permitted streetscape is removed;
and indemnify the County from any cost or liability associated
with the construction, maintenance, use or removal of the
nonstandard [[structure]] permitted streetscape.
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*
*
*
49-11A. Permit to temporarily obstruct private roads.
ill
A person must not close any portion of
~
private road that is an urban
road as defined in Section 49-32 without
~
permit from the Director of
Permitting Services.
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(hl
The Director ofPermitting Services may issue
~
permit for the complete
or partial closure of
~
private road on a temporary basis if the closure
does not:
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49
ill
ill
ill
W
{£}
violate Chapter 22;
unreasonably [[impede the]] interfere with use ofthe private road
Qy
persons [[in wheelchairs]] with disabilities;
unreasonably impede or endanger the users of any building or
structure adjacent to or abutting the private road; or
adversely impact the [[area transportation network]] use of
connecting public roads.
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llA
person])
An
application to close a private road may only be made
by the owner of the private road. The owner must apply for
-3-
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~
permit
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EXPEDITED BILL
No. 34-16
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on
f!
form prescribed
by
the Director of Permitting Services, submit
detailed [[plans and specifications]] infonnation, including the
locations to be closed, duration of closure. locatjon of required
temporary closure signs. pumose of closure. and use and occupancy of
all buildings or structures adjacent to or abutting the private road, and
any additional information as the Director may require.
@
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The Director of Permitting Services [[must]] may charge a fee. set by
Method 3 regulation, for the permit application and may include
conditions in each permit that provide for the safety of any user of
f!
building or structure adjacent to or abutting the private road, including
providing for safe alternate access to and egress from any building or
structure.
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W
Before the Director of Permitting Services issues
f!
permit to close
f!
private road in whole or in part under this Section, the Director of
Transportation must review [[and approveD or waive review each
application [[for closure of
f!
private road]] to ensure that closure will not
adversely impact [[the area transportation network]] the use of
connecting public roads. The Director of Transportation may
recommend permit conditions to the Director of Permitting Services.
[[approve]] The owner ofa private road must submit
f!
temporary traffic
control plan that requires signage during closure to inform pedestrians
about the duration of the closure, the permit number, and the owner's
contact telephone number to call that address conditions of closure as
may be required by the Director ofPermitting Services.
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80
*
49-26. Definitions.
*
*
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EXPEDITED BILL
No. 34-16
81
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In this Chapter, except where specified otherwise, the following words and
phrases have the meanings indicated:
UAASHTO:
The American Association of State Highway and Transportation
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85
Officials. The guidelines in the 2011 (6
th
edition) of "A Policy on Geometric
Design of Highways and Streets" manual, as revised from time to time.]]
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91
*
*
*
Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any
segment of any of them, including any pedestrian walkway adjacent to the
private road that has not been deeded, dedicated or otherwise permanently
appropriated to the public for public use.
*
*
*
*
*
*
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93
49-33. Road [[Design]] and Construction requirements.
94
95
lliill
Requirements for Profiles Submittedfor Approval to the Department
Q[
Permitting Services.
Design requirements are:
96
ill
An
applicant must use the vertical curve guidance in the current
97
98
99
edition of the AASHTO, as modified below, for designing
roadway profiles.
ill
The "Target Speed" for the proposed road as determined
by
this
Chapter, Executive Regulation, or the applicable master plan,
must be used as the "Design Speed" referred to in AASHTO.
Unless otherwise specified in
f!
master plan or the approved
capital improvements program, the maximum target speed for
f!
road in an urban area is 25 mph.
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102
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105
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107
ill
Landing grades must be provided at all arterial roads and primary
residential streets, using
f!
2% slope down from the center line of
the road intersected to
f!
point along the gutter line, then
f!
2%
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EXPEDITED BILL
No. 34-16
108
109
slope
illh
providing.£ low point at the gutter line ofthe intersected
arterial road or primary residential street and .£ short tangent
grade of 2% rising to the point of tangent for the fillet curve at
the intersection.
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134
(1)
Landing grades to secondary residential roads may be provided
with .£ cross slope of 40/0 or less. Landing grades to tertiary
residential roads may be provided with .£ cross slope of exceed
60/0 or less.
ill
(Q)
The grades for arterial roads and primary residential streets must
be 4% or less at any intersection with other roads.
The grades for arterial roads and primary residential roads must
be 8% or less, except where short theoretical tangent projections
for vertical curves require
greater grade.
ill
The grades for secondary residential streets must be 10% or less,
except where short theoretical projections for vertical curves
require.£ greater grade.
(])
Maximum grades for tertiary residential streets are as follows:
(A)
Where parking abuts the road
=
10%;
In
any
case
an
(g
=
14%; and
Elsewhere, for .£ length of 200 feet or less (but not within
200 feet of.£ secondary or primary residential street nor
within 250 feet of arterial or higher classification)
=
12%".
(2)
The minimum length for any crest or sag vertical curve is 50 feet.
(lQ}
The calculated minimum curve lengths may be adjusted, with
approval from the Department of Permitting Services, to satisfy
unique site conditions or design constraints.]]
*
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*
*
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EXPEDITED BILL
No. 34-16
135
136
Sec. 2. Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on February 13,2017.
Approved:
137
13 8
139
140
Nancy Floreen, President, County Council
Date
141
Approved:
142
Isiah Leggett, County Executive
Date
143
This is a correct copy ofCouncil action.
144
Linda M. Lauer, Clerk ofthe Council
Date
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