Agenda Item 7D
August 2, 2016
Introduction
MEMORANDUM
July 29,2016
TO:
FROM:
SUBJECT:
County Council..
Jeffrey
L
zyonl ior Legislative Analyst
L
Introduction:
Expedited Bill 34-16, Streets and Roads - Design
Expedited Bill 34-16, Streets and Roads - Design, sponsored by Lead Sponsor Planning,
Housing and Economic Development Committee, is scheduled to be introduced on August 2. A
public hearing is tentatively scheduled for September 13 at 1:30 p.m.
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. These changes proposed are initiated by revisions proposed in
Subdivision Regulation Amendment (SRA) 16-01 and provides better coordination with Planning
Board approvals.
This packet contains:
Expedited Bill 34-16
Legislative Request Report
Circle #
1
7
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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..",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;
(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, 9-26 and 49-33 are amended as follows:
49-1. Compliance with standards; regulations; penalty for violations.
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*
*
*
(b)
The closure ofany private road must meet the standards and requirements
5
of Chapter 22, and
~
person must obtain
~
pennit from the Department
ofPennittingServices under Section 49-11A.
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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10
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(a) Unless this Section prohibits the issuance of a pennit, the Director of
Pennitting Services may issue a pennit to:
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15
*
right-of-way; [or]
*
*
(3) install a temporary, removable obstruction or occupation of a
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(4) close a curb lane, sidewalk, or shared use path in conjunction
with the construction or reconstruction of an abutting,
structure [.
t
or
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ill
install pennanent, nonstandard structures in the right-of-way that
were approved as
~
site element of streetscape under Chapter 59,
Section 7.3.4. The pennit applicant must execute
~
declaration
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of covenants that runs with the land to perpetually maintain the
pennanent, nonstandard structure in
~
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
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EXPEDITED BILL
No. 34-16
28
with the construction, maintenance, use or removal of the
nonstandard structure.
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*
49-11A. Permit to obstruct private roads.
*
*
ill
(Q)
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:
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
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42
ill
(£}
adversely impact the area transportation network.
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.
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48
@)
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.
49
50
51
52
53
ill
Before the Director of Permitting Services issues
~
permit to close
~
private road in whole or in part under this Section, the Director of
Transportation must review and approve each application for closure of
~
54
private road to ensure that closure will not adversely impact the area
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ExPEDITED BILL
No. 34-16
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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
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64
65
66
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.
*
*
*
Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any
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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.
*
*
*
.cru
RequirementsfOr Profiles Submittedfor Approval to the Department
qf
Permitting Services.
Design requirements are:
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78
ill
An applicant must use the vertical curve guidance in the current
edition of the AASHTO, as modified below, for designing
roadway profiles.
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
~
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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.
~
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84
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86
ill
Landing grades must be provided at all arterial roads and primary
residential streets, using
~
20/0
slope down from the center line of
the road intersected to
~
point along the gutter line, then
~
2%
slope
:!Jl2,.
providing
~
low point at the gutter line ofthe 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.
(1)
Landing grades to secondm residential roads may be provided
with
~
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90
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cross slope of
40/0
or less. Landing grades to tertiary
~
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93
94
95
96
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.
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ill
The grades for secondary residential streets must be 10% or less,
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except where short theoretical projections for vertical curves
require
~
greater grade.
tID
Maximum grades for tertim residential streets are as follows:
(A)
ill}
Where parking abuts the road
=
10%
In any case
=
14%
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%"
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(g
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ExPEDITED BILL
No. 34-16
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(2)
The minimum length for
any
crest or sag vertical curve is 50 feet.
QQ}
The calculated minimum curve lengths may be adjusted, with
approval from the Department of Permitting Services, to satisfy
unique site conditions or design constraints.
*
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 ofthe 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 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.
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 permanent
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:
EXPERIEN CE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Violations of Section 49-11 are treated as a class A violation.
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