Expedited Bill No.
--=3"""'"4--'1-=6_ _ __
Concerning: Streets and Roads - Design
Draft No.
_5_
Revised:
11/3/2016
Introduced:
August
2. 2016
Enacted:
November
15. 2016
Executive: _ _ _ _ _ _ _ __
Effective:
February
13. 2017
Sunset Date:
_N_o_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 49-1 lA
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Added to existing law
by
original
bill.
Deleted.from 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
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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.
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(b)
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The closure of any private road must meet the standards and requirements
of Chapter 22, and
[[~person]]
the owner of the private road must obtain
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permit from the Department of Permitting Services if required under
Section 49-1 lA.
.(£)
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The County Executive may issue regulations under method (2) to
implement this Chapter, except where a different method is specified.
[(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.
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(a)
Unless this Section prohibits the issuance of a permit, the Director of
Permitting Services may issue a permit to:
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(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 [.
]~
or
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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
Streetscape
streetscape [[under Chapter 59, Section
7.3.4]1.
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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. The permit
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EXPEDITED BILL
No. 34-16
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applicant must execute
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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~
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good and safe
condition; return the right-of way to its condition before the
[[nonstandard structure]] permitted streetscape 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-llA. Permit to temporarily obstruct private roads.
A person must not close any portion
road as defined in Section 49-32
Permitting Services.
.{hl
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private road that is an urban
permit from the Director of
without~
The Director of Permitting Services may issue
~permit
for the complete
or partial closure
does not:
of~
private road on a temporary basis if the closure
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ill
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ill
{ill
violate Chapter 22;
unreasonably [[impede the]] interfere with use of the 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.
[[A
person]]
An
application to close a private road may only be made
by the owner of the private road. The owner must apply for
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~
permit
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--
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EXPEDITED BILL
No. 34-16
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on~
form prescribed
.by
the Director of Permitting Services, submit
detailed [[plans and specifications]] information, including the
locations to be closed, duration of closure. location of required
temporarv closure signs. purpose 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.
(ill
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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~
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building or structure adjacent to or abutting the private road, including
providing for safe alternate access to and egress from any building or
structure.
W
Before the Director of Permitting Services issues
~
permit to close
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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 network]] the use of
connecting public roads. "Pie Director of Transportation may
recommend permit conditions to the Director of Permitting Services.
[[approve]] The owner of a private road must
submit~
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 of Permitting Services.
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49-26. Definitions.
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EXPEDITED BILL NO.
34-16
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In this Chapter, except where specified otherwise, the following words and
phrases have the meanings indicated:
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AASHTO:
The American Association of State Highway and Transportation
Officials. The guidelines in the 2011 (6
1
h
edition) of"A Policy on Geometric
Design of Highways and Streets" manual, as revised from time to time.])
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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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49-33. Road [[Design]] and Construction requirements.
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II.fu)
Requirements for Profiles Submitted.for Approval to the Department
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Permitting Services.
Design requirements are:
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An applicant must use the vertical curve guidance in the current
edition of the AASHTO, as modified below, for designing
roadway profiles.
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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
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master plan or the approved
capital improvements program, the maximum target speed for £!
road in an urban area is 25 mph.
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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 £! point along the gutter line, then £! 2%
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EXPEDITED BILL
No. 34-16
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slope
!!12,.
providing~
low point at the gutter line of the intersected
arterial road or primary residential street and
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short tangent
grade of 2% rising to the point of tangent for the fillet curve at
the intersection.
ill
Landing grades to secondary residential roads may be provided
with
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cross slope of 4% or less. Landing grades to tertiary
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residential roads may be provided with
6% or less.
cross slope of exceed
ill
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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.
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The grades for secondary residential streets must be 10% or less,
except where short theoretical projections for vertical curves
require
~
greater grade.
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Maximum grades for tertiary residential streets are as follows:
(A)
Where parking abuts the road: 10%_;_
In any case = 14%; and
Elsewhere, for
~
length of 200 feet or less (but not within
200 feet
of~
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.@}
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.cg
secondary or primary residential street nor
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within 250 feet of arterial or higher classification)= 12%".
(.2}
The minimum length for any crest or sag vertical curve is 50 feet.
.Qfil
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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EXPEDITED BILL
No. 34-16
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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:
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Isiah Leggett, County Executive
Date
Approved:
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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