Agenda Item 8
September 13,2016
Public Hearing
MEMORANDUM
September 9,2016
TO:
FROM:
SUBJECT:
County Council
1J;r
Jeffrey L Zyontl,fe'nior Legislative Analyst
Public Hearing:
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, was introduced on August 2. A Planning,
Housing and Economic Development Committee worksession was held on September 12.
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.
Closing Private Roads
SRA 16-01 would specifically allow private roads under certain circumstances. Private road
closures become a matter of public concern when the road provides the only means of access for
emergency vehicles or when the closure by one owner ofthe road denies access to other properties.
This is a current problem. As the potential for private roads increases, the need for a pennit 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.
Staff recommends revising Bill
34-16
to require a permit submitted by the road owner (not any
person) for closure for all urban private roads (not any private road).
DPS recommends allowing a fee for such a permit to be established as a method 3 regulation.
Lane closures do not require an extensive temporary traffic control plan reviewed by the
Department of Transportation and the Bill should be revised to reflect that.
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Before the Director of Permitting Services issues a permit to close a private road in whole
or in part under this Section, the Director of Transportation must review or waive review
each application to ensure that closure will not adversely impact the use of connecting
public roads. The Director of Transportation may recommend permit conditions to the
Director of Permitting Services. The owner of a private road must submit a 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.
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. Staff recommends providing a method to accommodate
these structures to avoid another reason to make a street private (which would have no public right­
of-way).
Road Design
SRA 16-01 refers to design criteria in Chapter 49. Bill 34-16 as introduced provided detailed
design specifications. Staffhad thought that these standards were generally accepted but that does
not appear to be the case. In any event, the Department of Transportation now recommends
deleting the detailed specification. This would require deleting lines 62-64 and lines 72-122 in Bill
34-16 as introduced.
Planning, Housing, and Economic Development Committee
The Planning, Housing, and Economic Development Committee is scheduled to hold a worksession
on September 12, 2016. Ifthe Committee makes recommendations on September 12, it may reconsider
those recommendations if unanticipated testimony is submitted at the public hearing.
The attachments to this packet include the Bill as introduced and also the Bill as recommended by staff­
to the PHED Committee.
This packet contains:
Expedited Bill 34-16
Legislative Request Report
Bill Draft with Staff Amendments
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Circle #
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Expedited Bill No.
_...;3'-.:.4--'-1=6_ _ __
Concerning: Streets and Roads - Design
Revised:
7/27/2016
Draft No.
_1_
Introduced:
August
2. 2016
Expires:
February
2. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_No...:;o:::..!.n~e=---
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Plruming, 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.
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
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
*
*
*
(b) The closure ofany private road must meet the standards and requirements
of Chapter 22, and
~
person must obtain
~
permit from the Department
of Permitting Services under Section 49-11A.
5
6
7
W
The County Executive may issue regulations under method (2) to
implement this Chapter, except where a different method is specified.
8
9
10
11
12
13
[(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.
(a)
Unless this Section prohibits the issuance of a permit, the Director of
Permitting Services may issue a permit to:
14
15
16
*
right-of-way; [or]
*
*
(3) install a temporary, removable obstruction or occupation of a
17
18
19
(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
~
site element of streetscape under Chapter 59,
Section 7.3.4. The permit applicant must execute
~
22
23
declaration
of covenants that runs with the land to perpetually maintain the
permanent, 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
24
25
26
27
o
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EXPEDITED BILL
No. 34-16
28
29
30
with the construction, maintenance, use or removal of the
nonstandard structure.
*
49-11A. Permit to obstruct private roads.
*
*
31
32
33
W
(Q)
A person must not close any portion of g private road without g permit
from the Director of Permitting Services.
The Director ofPermitting Services may issue g permit for the complete
or partial closure of
~
private road if the closure does not:
34
35
36
37
38
39
ill
ill
ill
ill
violate Chapter 22;
unreasonably impede the use of the private road
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.
:!IT
persons
in
40
41
42
.c£l
A person must
illm1Y
for
~
permit on g form prescribed
:!IT
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.
43
44
45
46
47
48
49
@
The Director of Permitting Services must include conditions in each
permit that provide for the safety of any user of g building or structure
adjacent to or abutting the private road, including providing for safe
alternate access to and egress from any building or structure.
50
51
52
53
54
W
Before the Director of Permitting Services issues g 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
~
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
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.
60
61
62
63
64
65
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
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
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.
69
70
71
72
*
{ill
*
*
Requirements for Profiles Submittedfor Approval to the Department
Q[
Permitting Services.
Design requirements are:
73
74
ill
An applicant must use the vertical curve guidance in the current
edition of the AASHTO, as modified below, for designing
roadway profiles.
75
76
77
78
79
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
~
80
master plan or the approved
8
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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
point along the gutter line, then
~
2%
slope
!:!£.,.
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.
89
90
91
ill
Landing grades to secondary residential roads may be provided
with
~
cross slope of 4% or less. Landing grades to tertiary
~
92
93
residential roads may be provided with
6% or less.
cross slope of exceed
94
95
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 proj ections
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
~
100
101
102
103
104
105
106
107
greater grade.
ill
Maximum grades for tertiary residential streets are as follows:
.cAl
Where parking abuts the road: 10%
In any case
.cID
(Q
=
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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ExPEDITED BILL
No. 34-16
108
109
110
111
112
(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.
*
Sec. 2. Expedited Effective Date.
*
*
113
114
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:
115
116
117
118
119
Nancy Floreen, President, County Council
120
Approved:
Date
121
Isiah Leggett, County Executive
122
This is a correct copy ofCouncil action.
Date
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 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:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Violations of Section 49-11 are treated as a class A violation.
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Expedited Bill No. _...:::3....!.4-....!1=6_ _
=---,---­
Concerning: Streets and Roads - Design
Revised:
9/7/2016
Draft No.
_3_
Introduced:
August 2.2016
Expires:
February 2. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:....:.o=n.:..::e'--_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY
COUNCIL,{
it>,
FOR MONTGOMERY
COUNTY.,MAR'(L..~ND
Lead Sponsor: Planning, Housing, and
.
Ec6riomic
D~velopment C~IrlIiti1;tee
.
..... ,:.
A~:
:~.:
AN EXPEDITED ACT
to:
(1)
clarify that certain permanent,
nonstandard~¢tl1res
may be installed in the public
.
<i\.
right-of-way under certairlC.iJ;cl;lmstances;
(2)
require a permit to close any
potti(}J1.
of a private roag;;.> .... .
(3)
define certain terms; and
.... '.' .
. .. .
(4)
(5)
[[establish road design
criteria;~d]]/ii,'
generally amend County law
reg4rdittgrightS~Q~
..way and streets and roads.
,
By amending
Montgomerylt~ounty
Code . . . .
Chapter
49,
Streets~d Rq~s
..
Secti()ns4Q~
J,49-11,
49~~5 ~d49~$~/«
Andaddih'
....... g
<Section
49-11A
..
Underlining
<i./r..
Boldface
'.'
.. .
i'·
[Single boldfacecbrackets]
Double underliging
[[Double boldfa'ce 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
2
3
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.
*
(b)
*
*
4
The closure ofany private road must meet the standards and requirements
of Chapter 22, and
~
person must obtain
~
permit from the Department
of Permitting Services if required under Sectiollais11 A.
: .. .:",
":::!"..
5
6
7
8
W
The County Executive may issue
regul~ti~hs
under method (2) to
implement this Chapter, except where
9
10
[(c)]
@
11
12
13
14
49-11.
oth~~~~eiit
Permit to obstruct public
rights~·Of-w~y...·i:4
'.'
(a)
Permitting Services
m~~i~s4~.apermit t~;i
Class B violation, except
wht(Jl1'J~~ressly\provided
,t'di~Ier~~tfu~thod
is specified.
Any violation of this Chapter
ortthYreglllationi~~~~4under
it is a
Unless this Section
p~Qhibits
the issuartce.of a permit, the Director of
15
16
in§tti1i·aJemporary,r~fuOva~lep~~truction
or occupation of a
17
18
19
20
21
instali.perma:h~nt,
nonstandard structures in the right-of-way that
were.approved in a site plan as
~
..
......
site element of streetscape
22
23
'[fttrider Chapter 59, Section 7.3.4]1.:. 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. The permit applicant
must execute
~
24
25
26
27
declaration of covenants that runs with the land
on which the project associated with the streetscape is being
-2­
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EXPEDITED BILL
No. 34-16
28
29
30
31
32
33
34
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 streetscape was installed if the nonstandard
[[structure]] permitted streetscape is removed; and indemnify the
County from any cost or
liabilitx~ssociated
with the
construction, maintenance, use
orr~rlioval
of the nonstandard
[[structure]] permitted streetscapJ:.
35
36
37
38
39
*
*
.
..(.,
49-11A. Permit to temporarily obstruct,ptivate roa"s.
ill
A person must not close
anypo~i()tiofgt~fvate
road
th~iis
an urban
road as defined in Section49-32
wit~~Hrg''permit
from the Director of
or
partial.f16~ijre
of
~ priv~ig'~~ad
~
40
41
Permitting Services.
(hl
The Director
ofPermittin~Se~i~~~fuaYissue~
permit for the complete
:.:
:-
.
:
..
.
'
42
43
44
45
46
;t'
.
.
".".
on~temporary
basis if the closure
. ill..
vi~1~teGh~~ieri22;.
. .
.A
,ill
·······rinrea~~h~~ly [[~~;~a~the]]
interfere with use ofthe private road
:::f.
~ti~tson~[tirlwheelchairs]]
with disabilities;
.".,,:".
':
does&~()t:
.
47
48
49
50
51
52
···················:·m
unrea:~~nablyimpede
or endanger the users of any building or
..
ii .
strucWre adjacent to or abutting the private road; or
"
illJd\r~;sely
impact the [[area transportation network]] use of
4~onnecting
public roads.
....
W
llA
person]]
on
~
An
application to close a private road may only be made
~
by the owner of the private road. The owner must apply for
permit
53
54
form prescribed
Qy
the Director of Permitting Services, submit
detailed [[plans and specifications]] information, including the
-3-
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EXPEDITED BILL
No. 34-16
55
56
57
58
59
locations to be closed, duration of closure. location 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.
@)
The Director of Permitting Services [[must]] may charge a fee. set by
Method 3 regulation. for the permit applicati6n . and may include
conditions in each permit that provide fOl'ihesafety of any user of
£!
building or structure adjacent to or
abutH~g th~~rivate
road, including
providing for safe alternate
structure.
Before the Director of
60
61
62
63
acces$t6~d~gress i~611it~:Ily
building or
64
65
66
67
68
69
private road in whole.or in part
Transportation must
::::.::::~:\..
:i':
:..
application [[for closure
of~.private
roadllt0ensure that closure will not
..:.:.::..::::.:::.:;:::.;:.!:;.;:.:.:.?::, ..... ,. .
".
.
un~~F{this
Section, the Director of
rJ~ie~II~d. appro~~lJ\or
waive review each
ai~~
• · ·
transpoH~tion
network)) the use of
permitti~i'S~hriC~~i~sues
£!
perii~
to close
£!
adversel,'·icl~~at.
-:..::"<>".
\ ..
:.<:.:.":.
[[the
70
71
72
73
coruf~'6ting
publici roads.
Th~.Director
of Transportation may
m~~~r
.
[[app~ovell
··/,
j 1 i
i6
the Director of Permittin
ervlCes.
74
75
76
77
78
79
T~~<iwner
of a private road must submit
£!
temporary traffic
control
~i~rtthat r~khlJ:;s
signage during closure to inform pedestrians
'i.apout the
d&~tion '~fthe
closure, the permit number, and the owner's
~griiact
telep60ne number to call that address conditions of closure as
mayB~\£eq~ired
by the Director ofPermitting Services.
*
49-26. Definitions.
In this Chapter, except where specified otherwise, the following words and
phrases have the meanings indicated:
*
*
80
-4-
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EXPEDITED BILL
No. 34-16
81
UAASHTO:
The American Association of State Highway and Transportation
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.]]
82
83
84
*
*
*
85
86
87
88
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, dedicate(},Orotherwise permanently
appropriated to the public for public use.
89
90
91
*
*
.£i-~'"
.\ii.
*
,.::.::>:'
. ,
."
* ..... *
. :",.::,:<,: '":::"
." :": ," ," . .' .
.
49-33. Road [[Design]] and
Constructio,B·cequirent~nts.
.:......
".
92
93
94
95
Il.Cnl
Requirements for Proflles Submitte;.hfAllproval to the Department
Q[
Permitting Services.
ill
An applicant
musi:~~~'iH'~i;~Vehical
editi;6n\of the
::;::::.:
..
:...
D~~i.gnrequirements·ate:".
":"::':':.".::;
..
:::"::::
cu&&~uidance
in the current
AA~Htb, a~rriBdified
below, for designing
c\
96
97
ill
······;h~.'~Targ~tSjeeci"
for
.i~6
proposed road as determined
Qy
this
.A,rOadwayprQfiles·
98
99
············€>hapt~t;·Exec~ti0~i~g~ulation,
or the applicable master plan,
100
101
102
103
104
105
106
107
..... ,::.:......
;~~~f.be u~~d~'ithe
"Design Speed" referred to in AASHTO.
Unl~s~
•.
othe~ise
specified in
~
master plan or the approved
capitaLimprovements program, the maximum target speed for
~
."
"~~~di~
an urban area is 25 mph.
residential streets, using
~
2% slope down from the center line of
the road intersected to
~
.".
ill·Landing grades must be provided at all arterial roads and primary
point along the gutter line, then
~
2%
slope
!!p".
providing
~
low point at the gutter line ofthe intersected
arterial road or primary residential street and
-5­
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~
short tangent
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EXPEDITED BILL
No. 34-16
108
109
110
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
~
111
112
113
cross slope of 4% or less. Landing grades to tertiary
~
residential roads may be provided with
6% or less.
cross slope of exceed
114
115
116
ill
The grades for arterial roads and pri:rriatyresidential streets must
be 4% or less at any intersection
~i~h ot~~~foads.
The grades for arterial
roag'S<~~dprimary r~it~~litial
roads must
be 8% or less, except
wl1~ie'short
irteoretical tang6rltpf6jections
for vertical curves require
~greatet'~;~de.
<~
®
117
118
119
ill
The grades for
~~()ondary reside~ti~Lstreets
must be 10% or less,
".
.
.
.
...
..
120
121
122
123
124
125
126
di
except where
sh&~ihedr~tical pror~¢tions
for vertical curves
require
~
greater grade.
ill
"'~rA).. Wh~parking ab~~4he
road:
10%~
. , . . .
(ID·:rh:aH~;6~se'2:.14~;and
1\4i!~iiriiliiigrades fo;t~~iary resrM~ntial
streets are as follows:
",.,fi",{p:).)
?,:
i
~i~~Wl1ere,f~;~
length of 200 feet or less (but not within
·····200
i~~t;6f ~
secondary or primary residential street nor
<:,,¥ithin250 feet of arterial or higher classification)
=
12%".
127
128
129
130
131
(9)':
"Thetrlinimum length for any crest or sag vertical curve is 50 feet.
minimum curve lengths may be adjusted, with
.d'··-·
{lQ}·~Tli~·calculated
approval from the Department of Permitting Services, to satisfy
unique site conditions or design constraints.]]
132
133
*
Sec. 2. Expedited Effective Date.
*
*
- 6­
f:\law\bills\1634 streets and roads-design\bill3.docx
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EXPEDITED BILL
No. 34-16
134
135
136
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:
137
138
139
Nancy Floreen, President, County Council
. . .·• fjate
140
Approved:
141
Isiah Leggett, County Executive
.t~'1.:}';'··
.
.:::.1.··· :.....
142
This is a correct copy ofCouncil action.
143
Linda M. Lauer, Clerk ofthe Council
....
}:.
-7­
f:\law\bills\1634 streets and roads-design\bill3.docx