AGENDA ITEM 8
July 19,2016
Public Hearing
MEMORANDUM
July 15,2016
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
AttomeYld\1'l~~
Public Hearing:
Expedited Bill 30-16, Streets and Roads - Amendments
Expedited Bill 30-16, Streets and Roads - Amendments, sponsored by Lead Sponsor Council
President Floreen at the request of the County Executive, was introduced on July 12, 2016. A
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for July 21 at 9:30 a.m.
Bill 30-16 would clarify that a person may not exercise control over or otherwise occupy the public
right-of-way and well as define certain terms in Chapter 49.
This packet contains:
Expedited Bill 30-16
Legislative Request Report
County Executive Memo
Fiscal and Economic Impact statement
Circle #
1
5
6
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F:\LA W\BILLS\1630 Streets And Roads·Amendments To Chapter 49\PH Memo.Docx
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Expedited Bill No.
_~3~0-....!1~6
_ _ __
Concerning: Streets and
Roads
Amendments
Revised:
6/6/2016
Draft No. 1
Introduced:
July 12, 2016
Expires:
January 12,2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N~on.!.!:e=____
_ _ _ _ __
ChI _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
clarify that a person may not exercise control over, or otherwise occupy, the public
right-of-way;
(2)
define certain terms in Chapter 49; and
(3)
generally amend County law regarding rights-of-way and streets and roads.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-10 and 49-26
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.
30-16
1
Sec.
I.
Sections 49-10 and 49-26 are amended as follows:
49-10. Obstruction of public rights-of-way.
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3
4
Except as provided in Section 49-11, in the public right-of-way, a person must
not:
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6
ill
(Q)
place, maintain, use, or exercise control over, any object or structure in
the public right-of-way;
allow any object or structure owned
Qy
the person to occupy, obstruct,
or encroach upon the public right-of-way;
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8
9
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11
[(a)]
©
[do] perform any reconstruction or maintenance work; or
post, rock, or other object in the public right-of-way, except:
(1)
mail boxes mounted on a support that will bend or break away
on impact by a vehicle;
(2)
individual residential newspaper boxes mounted on a support
that will bend or break away on impact by a vehicle;
(3)
(4)
(5)
street trees placed and maintained under Section 49-330);
ground cover placed and maintained under Section 49-33 (k);
a temporary, removable obstruction or occupation of a
right-of-way
installed
under
a
permit
issued
under
[(b)]
@
allow the [erect] erection or [place] placement of any structure, fence,
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16
17
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Section 49-11; or
(6)
as otherwise permitted by law.
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Any object placed
in
the public right-of-way under [this subsection] Section
49-10(d) must not unreasonably impede use of a sidewalk or other right-of-way by
pedestrians or persons in wheelchairs, or impede or endanger automobiles or other
vehicles.
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27
*
*
*
Q
~iIlS\
1630 streets and roads-amendments to chapter 49\bill 1.docx
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ExPEDITED BILL
No. 30-16
28
49-26. Definitions.
Bikeway:
any area expressly intended for bicycle travel, including any:
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30
31
32
33
(a)
Shared use path:
A paved path that abuts, is contiguous with, and is
~
part of the right-of-way for
~
County road or street, that is typically 10
feet wide, but can vary between 8 feet and 14 feet wide, designated for
bicycles and pedestrians, and that is separated from motorized traffic
by a curb, barrier, or landscape panel.
(Q)
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Shared use trail:
A paved or unpaved trail designated for bicycles and
pedestrians, that is not part of the right-of-way for
~
County road or
street because the trail does not abut and lie contiguous with the right
of way for
~
County road or street.
[(b)] (£l
Bike lane:
A portion of a roadway designated by striping, signing, or
pavement markings for the preferential or exclusive use ofbicycles, and
on which through-travel by motor vehicles is not allowed.
[(c)]
@
Shared use roadway:
A roadway open to both bicycle and motor
vehicle travel and which is designated as a preferred route for bicycle
use by warning or informational signs.
[(
d)]
{§.2
Separated bike lane,
also known as a protected bike lane or cycle
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46
track: a bikeway that is physically separated from motor vehicles and
pedestrian facilities. The separation may be vertical, such as a curb;
horizontal, 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.
[(e)]
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48
49
50
51
52
53
ill
Buffered bike lane:
a bikeway separated from a motor vehicle travel
lane with an area of striped pavement.
*
*
*
Q
~iIIS\1630
streets and roads-amendments to chapter 49\biIl1.docx
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ExPEDITED BILL
No.
30-16
54
55
56
Road:
any road, street, highway, avenue, lane, alley, [or viaduct, or any segment
of any of them.] bridge, shared use path, sidewalk, viaduct, or any segment of any of
them, and any related stonn drain and stonnwater management facility.
57
*
*
*
~
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59
Sidewalk:
any portion of the right-of-way for
County road or street that is
expressly intended as a pedestrian walkway [that fronts a road].
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*
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:
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67
Nancy Floreen, President, County Council
Date
68
Approved:
69
Isiah Leggett, County Executive
Date
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71
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
~iIIS\
1630
streets and roads-amendments to chapter 49\bm 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 30-16
Streets and Roads
-
Amendments
DESCRIPTION:
The bill clarifies who is responsible for a right-of-way obstruction and
modifies various definitions in Section 49-26, including the definitions
of "road" and "sidewalk."
Chapter 49 prohibits obstructions in the public right-of-way by persons
who erect the obstructions. Chapter 49 should be clarified to affect the
intended prohibition on all structures, regardless of who erected them.
Also, the definitions of "road" and "sidewalk" in Chapter 49 are too
narrow. Chapter 49 should be clarified to explain that a sidewalk and
other pedestrian paths are part of the road right-of-way.
To clarify the application and scope of the prohibition on right-of-way
encroachments and the definitions of "road," "sidewalk," and other
related definitions in Chapter 49.
Departments of Pennitting Services and Transportation
To be requested.
To be requested.
To be requested.
N/A
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EV ALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
Christina Contreras, Permitting Services, (240) 777-6703
Joanna Conklin, Transportation, (240) 777-7195
To be researched.
PENALTIES:
Class A violation.
F:\LAW\BILLS\1630 Streets And Roads-Amendments To Chapter 49\LRR.Docx
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OFFICE OF THE COUNTY EXECUTNE
ROCKVH..LE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
June 15,2016
TO:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, County Executiv·_..........
Bill No. XX-16E, Amendments to Montgomery County Code Chapter 49,
Streets and Roads, Sections 49-10 and 49-26
FROM:
SUBJECT:
The purpose of this memorandum is to transmit, for the County Council's
approval, Expedited Bill No. XX-16, Amendments to Chapter 49 of the Montgomery County
Code relating to Streets and Road. This bill clarifies who is responsible for a right-of-way
obstruction and modifies various definitions in Section 49, including the definitions of "road"
and "sidewalk."
The proposed revisions to Section 49-10 clarify that a person may not affect
control over or otherwise occupy the public-right-of-way with a structure, regardless of who
erected the structure. The proposed revisions to Section 49-26 modify the definitions of
''road,'' "sidewalk," and other related terms to clarify that a sidewalk and other pedestrian
paths are part of the road right-of-way.
The amendments are transmitted for the Council's review and consideration.
Please direct any questions to Emil Wolanin, Deputy Director of the Department of
Transportation at 240-777-8788.
IUew
Attachments
-
montgomervcountymd.gov/311·
••
"<'l::i(;'
301-251-4850
nv
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Fiscal Impact Statement
Bill xx-16
Right-of-Way Obstructions---Streets and Roads-Definitions--Amendments
1. Legislative Summary
The proposed bill clarifies the application and scope ofthe prohibition on right-of-way
encroachments and·the definitions of ''road;'' "sidewalk," and other related definitions
in
Chapter 49.
2.
An
estimate ofchanges in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
The proposed bill does not have a fiscal impact. The proposed bill clarifies who is
responsible for a right-of-way obstruction and modifies various definitions in Section 49­
26, including the definitions of ''road'' and "sidewalk."
3. Revenue and expenditure estimates covering at least the next 6 fiscal
years~
See #2 above
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 information technology
(IT)
systems,
including Enterprise Resource Planning (ERP) systems.
None.
,
,
I
i
i,
6. Later actions that may affect future revenue and expenditures
if
the bill authorizes
futur.e spending.
The legislation does not authorize future spending.
7. An estimate of the staff time needed to implement the bill.
There will be no additional
staff
time needed to implement the proposed bill.
8.
An
explanation of how the addition of new staff responsibilities would affect other
duties.
There proposed bill does not create new
staff
responsibilities.
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.
Not applicable.
11. Ranges of revenue orexpendifures that are uncertain or difficult to project.
Not applicable. ,
12. H a bill is likely to have no fiscal impact, why that is the case.
, ,
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The proposed bill does not have a fiscal impact because it clarifies who is responsible for
a right':'of-way obstruction and modifies various definitions in Section 49-26, including the
.
definitions of "road" and "sidewalk."
13. Other fiscal impacts or comments.
None.
14. The foUowing contributed to and concurred with this analysis:
Emil Wolanin, Department of Transportation
Diane Schwartz Jones, Department of Permitting Services
Christina Contreras, Department of Permitting Services
Brady Goldsmith, Office of Management
&
Budget
Date
ce of Management and Budget
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Economic Impact Statement
Bill ##-16, Right-of-Way Obstructions - Streets and Road - Definitions­
Amendments
Background:
This legislation would clarify who is responsible for the right-of-way obstruction and
modifies various definitions in Section 49-26 ofthe County Code, including the
definitions of "road" and "sidewalk". Chapter 49 currently prohibits obstructions in the
public right-of way by person or persons who erect obstructions. The legislation clarifies
Chapter 49 to "effect the intended prohibition on all structures, regardless of who erected
them."
j.
1.
The sources of information, assumptions, and methodologies used.
There are no sources of information, assumptions, or methodologies used in the
preparation 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. Bill ##-16
clarifies responsibility for right-of-way obstructions. As such, the legislation would
have no countywide economic impact on employment, spending, savings, investment,
mcomes, and property values.
3. The Bill's positive or negative effect,
if
any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill ##-16 has no positive or negative effect on the County's employment, spending,
savings, investment, incomes, and property values.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see paragraph 3.
5. The following contributed to or concurred with this analysis:
David Platt, Mary
Casciotti, and Rob Hagedoorn, Finance;
J
osepiff. Beach;:DirectOr
Department of Finance
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