APPROVED

COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

Tuesday, November 25, 2014

The County Council for Montgomery County, Maryland convened in the Council

Conference Room, Stella B. Werner Council Office Building, Rockville, Maryland, at 9:15 A.M.

on Tuesday, November 25, 2014.

PRESENT

Councilmember Craig Rice, President Councilmember George Leventhal, Vice President

Councilmember Phil Andrews Councilmember Roger Berliner

Councilmember Cherri Branson Councilmember Marc Elrich

Councilmember Nancy Floreen Councilmember Nancy Navarro

Councilmember Hans Riemer

The President in the Chair.

SUBJECT: State Legislative Program

Reference: Agenda Item 1

Received an update on Local and Bi-County bills that will be introduced in the

2015 State Legislative Session from Ms. Wenger, Director, Ms. Morningstar and

Ms. Samman, Office of Intergovernmental Relations (OIR); and Ms. Brennan,

Legislative Officer, Department of Health and Human Services (DHHS).

Supported the following legislation: MC 2-15, Montgomery County - Free-Play

Pinball Machines - Placement Restrictions - Repeal; MC 6-15, Montgomery

County - Board of Education - Primary Election Ballots; MC 12-15, Montgomery

County - Alcoholic Beverages Licenses - Laytonsville; MC 17-15, Montgomery

County - Alcoholic Beverages - Waiver of License Requirements; MC 18-15,

Montgomery County - Alcoholic Beverages - Class BD-BWL License;

MC 19-15, Montgomery County - Alcoholic Beverages - Refillable Wine

Containers; and MC/PG 106-15, WSSC - Independent Review Board - Refunds.

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Supported MC/PG 109-15, Maryland -National Capital Park and Planning

Commission - Regulations to Prohibit Smoking. Councilmember Floreen

opposed the bill.

Requested additional information on MC 4-15, Medical Professional Liability

Insurance for Nonprofit Health Care Providers, including the County’s liability,

impact on Mercy Health Clinic and the County Attorney’s position.

Took no position on MC 7-15, Montgomery County Board of Education - Student

Member - Voting. Councilmembers Branson, Leventhal and Navarro supported

the bill.

Requested additional information from the State’s Attorney’s Office on MC 8-15,

Maryland Income Tax Refunds - Montgomery County - Warrant Intercept

Program.

Analyst Packet

The meeting recessed at 10:16 A.M. and reconvened in the Council Hearing

Room at 10:23 A.M.

The invocation was given by Rabbi Susan Shankman, Washington Hebrew

Congregation

SUBJECT: Proclamation recognizing the Fillmore Silver Spring

The proclamation was presented by Ms. Branson and Ms. Floreen recognizing the

Fillmore Silver Spring.

SUBJECT: Proclamation recognizing Pancreatic Cancer Awareness Month

The proclamation was presented by Mr. Berliner recognizing Pancreatic

Awareness Month.

SUBJECT: General Business

Agenda and Calendar Changes

Ms. Lauer, Clerk of the Council, announced an addendum to the agenda,

scheduling a Transportation, Infrastructure, Energy and Environment (T&E)

Committee meeting on January 12, 2015, to discuss the Resolution to authorize

Advance Taking: Snowden Farm Parkway; amending Bill 61-14, Contracts and

Procurement - Local Business Subcontracting Program to a non-expedited bill;

and changing the number to Executive Regulation 15-14AMIII, Before and After

School Childcare Programs in Public Schools.

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Receipt of Petitions

There were no petitions received.

Index

Approval of Minutes

Approved the minutes of October 14 and 21, 2014, and the closed session

minutes of October 14, 2014.

Mr. Leventhal made the motion, which carried unanimously.

SUBJECT: Consent Calendar

Reference Agenda Items 3A to 3I

Approved the following consent calendar items listed below:

Introduced a resolution to establish a Transportation Management District in the

White Oak Policy Area with the authority given to charge a Transportation

Management Fee on new or existing development;

Analyst Packet

Introduced a resolution to authorize Advance Taking: Snowden Farm Parkway;

Analyst Packet

Adopted Resolution 17-1265, amending Resolution 16-1152 authorizing the

County to issue General Obligation Refunding Bonds;

Analyst Packet

Adopted Resolution 17-1266, amending Resolution 17-1183 to revise FY15 Work

Program of the Office of Legislative Oversight;

Analyst Packet

Adopted Resolution 17-1267, approving Executive Regulation 3-14, Design for

Life Tax Incentives;

Analyst Packet

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Adopted Resolution 17-1268, approving Anaerobic Digestion/Combined Heat

& Power Project for proceeding to design;

Analyst Packet

Adopted Resolution 17-1269, approving a supplemental appropriation to the

MCPS’ FY15 Capital Budget and amendment to the FY15-20 Capital

Improvements Program, Current Revitalization/Expansion Project - $2,500,000

for Junior Achievement Finance Park at Thomas Edison High School;

Analyst Packet

Addendum

Adopted Resolution 17-1270, regarding publication of 2014 Montgomery

County Code; and

Analyst Packet

Adopted Resolution 17-1271, to amend Resolution 17-1111 for the FY15

Designation of Entities for Non-Competitive Award Status: Graceful Growing

Together, Inc.

Analyst Packet

Mr. Andrews made the motion, which carried unanimously.

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

IN LEGISLATIVE SESSION – DAY #31

Introduction of Bills

SUBJECT: Bill 56-14, Health and Sanitation - Smoking - Electronic Cigarettes

Reference: Agenda Item 4A

Introduced draft #4 of the subject bill, sponsored by Councilmembers Floreen,

Leventhal, Branson, and Navarro. A public hearing is scheduled for January 22,

2015, at 7:30 P.M.

Councilmembers Rice, Elrich, and Riemer requested to be added as cosponsors of

the legislation.

Analyst Packet

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SUBJECT: Expedited Bill 57-14, Health - Montgomery Cares - Advisory Board -

Continuation

Reference: Agenda Item 4B

Introduced draft #2 of the subject expedited bill, sponsored by Councilmember

Leventhal. A public hearing is scheduled for January 13, 2015, at 1:30 P.M.

Analyst Packet

SUBJECT: Expedited Bill 58-14, Structure of County Government - Non-merit

Positions - Development Ombudsman

Reference: Agenda Item 4C

Introduced draft #1 of the subject expedited bill, sponsored by the Council

President at the request of the County Executive. A public hearing is scheduled

for January 13, 2015, at 1:30 P.M.

Analyst Packet

SUBJECT: Bill 59-14, Human Rights and Civil Liberties - County Minimum Wage -

Effective Dates

Reference: Agenda Item 4D

Introduced draft #1 of the subject bill, sponsored by Council President Rice. A

public hearing is scheduled for January 20, 2015, at 1:30 P.M.

Analyst Packet

SUBJECT: Bill 60-14, Human Rights and Civil Liberties - Earned Sick and Safe

Leave, sponsored by Councilmembers Leventhal, Navarro, Branson, and

Elrich

Reference: Agenda Item 4E

Introduced draft #4 of the subject bill, sponsored by Councilmembers Leventhal,

Navarro, Branson, and Elrich. A public hearing is scheduled for January 29,

2015, at 7:30 P.M.

Mr. Riemer requested to be added as a cosponsor of the legislation.

Analyst Packet

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SUBJECT: Bill 61-14, Contracts and Procurement - Local Business Subcontracting

Program

Reference: Agenda Item 4F

Introduced draft #3 of the subject bill, sponsored by the Council President at the

request of the County Executive. A public hearing is scheduled for January 13,

2015, at 1:30 P.M.

Mr. Leventhal requested to be added as a cosponsor of the legislation.

Analyst Packet

SUBJECT: Bill 62-14, Taxation - Development Impact Taxes - Exemptions - Ancillary

Facilities

Reference: Agenda Item 4G

Introduced draft #1 of the subject bill, sponsored by Council President Rice. A

public hearing is scheduled for January 13, 2015, at 1:30 P.M.

Analyst Packet

Call of Bills for Final Reading SUBJECT: Expedited Bill 43-14, Parking Lot Districts - Tax Exemption

Reference: Agenda Item 5A

Mr. Berliner, Chair of the T&E Committee, reviewed the Committee’s

recommendation, as contained in the staff packet.

Amended the bill by inserting the words “without interest” on line 15 of the bill,

after the year 2014, as recommended by the T&E Committee.

Enacted draft #3 of Expedited Bill 43-14, as amended and reflected on page 11 of

these minutes.

The T&E Committee made the motion and the expedited bill was enacted by a

roll call vote:

YEAS: Elrich, Branson, Berliner, Navarro, Riemer, Floreen, Andrews

Leventhal, Rice.

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SUBJECT: Bill 33-13, Street and Roads - Urban Roads Standards and Pedestrian

Safety Improvements

Reference: Agenda Item 5B

Mr. Berliner expressed thanks to Mr. Holmes, Director, Department of

Transportation, who has announced his retirement, for his service to the County.

Mr. Berliner reviewed the recommendation of the T&E Committee, as contained

in the staff packet.

Unanimously supported Mr. Berliner’s motion to amend Bill 33-13 to make it

expedited legislation.

Enacted draft #4 of Bill 33-13, as amended and reflected on page 13 of these

minutes.

The T&E Committee made the motion and the expedited bill was enacted by a

roll call vote:

YEAS: Elrich, Branson, Berliner, Navarro, Riemer, Floreen, Andrews,

Leventhal, Rice.

Analyst Packet

SUBJECT: Farewell to 17th Council

Councilmembers paid tribute to and expressed appreciation for the contributions

made by Mr. Andrews during his tenure on the Council and as chair of the Public

Safety Committee, and a video honoring his many years of service to the County

was presented.

Mr. Rice expressed appreciation to Ms. Branson for her service on the Council

and her dedication to the residents of District 5 as she filled the seat vacated by

former Councilmember Valerie Ervin. Councilmembers expressed their

appreciation and a video was shown highlighting her efforts on behalf of the

community.

The Council recessed a 1:24 P.M. and reconvened at 2:05 P.M.

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SUBJECT: Public Hearing/Action - Special appropriation to the County

Government's FY15 Operating Budget, Department of Economic

Development - $150,000 for Marketing and Business Development

Reference: Agenda Item 6

The public hearing was conducted and the record closed.

Adopted Resolution 17-1272, approving a special appropriation to the County

Government's FY15 Operating Budget, Department of Economic Development -

$150,000 for Marketing and Business Development, as amended.

Ms. Floreen moved to amend the special appropriation to include two

modifications, as contained in the staff packet. The motion carried without

objection. Mr. Berliner was temporarily absent.

Analyst Packet

SUBJECT: Public Hearing/Action - Resolution to approve amendment to the FY15-20

Capital Improvements Program - Ripley Street project

Reference: Agenda Item 7

The public hearing was conducted and the record closed.

Adopted Resolution 17-1273, approving an amendment to the FY15-20 Capital

Improvements Program (CIP) - Ripley Street project.

Mr. Leventhal moved to approve the subject resolution, as contained in the staff

packet. The motion carried without objection.

Analyst Packet

SUBJECT: Public Hearing/Action - Resolution regarding Declaration of No Further

Need: Disposition of space in new Silver Spring Library for Pyramid

Atlantic

Reference: Agenda Item 8

The public hearing was conducted and the record closed.

Adopted Resolution 17-1274, approving the resolution to disapprove the

declaration of no further need - disposition of space in the new Silver Spring

Library for Pyramid Atlantic.

Mr. Leventhal moved to approve the resolution that was distributed to

Councilmembers to disapprove the declaration of no further need. The motion

carried without objection.

Analyst Packet

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SUBJECT: Executive Regulation 15-14AMII, Before and After School Childcare

Programs in Public Schools

Reference: Agenda Item 9

Participants in the discussion were Ms. Bell-Pearson, Assistant Chief

Administrative Officer, and Ms. Yao, Legislative Analyst.

Mr. Leventhal, Chair of the Health and Human Services (HHS) Committee, stated

that he would recuse himself on nonprofit preference if that section of the

Executive Regulation were discussed. Mr. Leventhal mentioned that even though

his wife is not involved in the rebidding of childcare sites in schools, she is a

childcare provider.

Mr. Leventhal provided an overview of the recommendations of the joint HHS

and Education (ED) Committee, as presented in the staff packet.

Discussed aspects of the Executive Regulation, including adding a sunset

provision, as well as taking a broader, comprehensive look in the future at

childcare for all ages in the County, not just before and after school childcare.

Supported Mr. Riemer’s motion that action on Executive Regulation 15-14AMII

be deferred and requested that the County Executive amend the proposed

regulation to add a one-year sunset provision. Ms. Branson and Mr. Leventhal

were opposed.

The Council indicated its intent to approve the regulation if the Executive agrees

to add the sunset provision.

Analyst Packet

The meeting recessed at 3:30 P.M. and reconvened in the Council Conference

Room at 3:37 P.M.

SUBJECT: Interview - Applicant for Merit System Protection Board

Reference: Agenda Item 10

Interviewed Ms. Julie Martin-Korb, applicant for appointment to the Merit

System Protection Board.

Requested staff to look into staffing needs of the Board during upcoming budget

deliberations.

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The meeting adjourned at 4:08 P.M.

This is an accurate account of the meeting: Approved/Signed by the Clerk _____________________________________

Linda M. Lauer, Clerk of the Council

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Expedited Bill No. 43-14 Concerning: Parking Lot Districts – Tax

Exemption Revised: 11-25-14 Draft No. 4 Introduced: September 23, 2014 Enacted: November 25, 2014 Executive: Effective: Sunset Date: July 1, 2015 Ch. , Laws of Mont. Co.

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers Floreen and Berliner

AN EXPEDITED ACT to:

(1) allow certain property owners to apply for an exemption from certain parking lot

district taxes during a certain time period, notwithstanding certain requirements of

law; and

(2) generally amend the law governing parking lot districts.

By amending

Montgomery County Code

Chapter 60, Silver Spring, Bethesda, Wheaton and Montgomery Hills Parking Lot

Districts

Section 60-14, Application for exemption; determination

The County Council for Montgomery County, Maryland approves the following Act:

Boldface Heading or defined term. Underlining Added to existing law by original bill. [Single boldface brackets] Deleted from existing law by original bill. Double underlining Added by amendment. [[Double boldface brackets]] Deleted from existing law or the bill by amendment.

* * * Existing law unaffected by bill.

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Sec. 1. Section 60-14 is amended as follows:

60-14. Application for exemption; determination.

(a) Any property owner or lessee in any district may apply, in the following manner,

for an exemption from the special taxes prescribed in this Chapter. On or before

April 1 of the application year, the owner or lessee must file with the Department

of Transportation an application in the form and containing information the

Department requires to determine whether the Department should grant an

exemption. Notwithstanding the preceding sentence, an owner or lessee may file

an application for an exemption under this Section no later than [[December 31,

2014]] February 28, 2015, for the tax year beginning on July 1, 2014, and, if the

Department finds that the property is eligible for an exemption, the Department

must direct the Department of Finance to refund any parking lot district tax paid for

that property in tax year 2014 without interest. If the Department grants an

exemption for a particular property, the exemption continues for each successive

year unless there is a change in the number of parking spaces or in the floor area,

number of employees, or any other factor governing the number of automobile

parking spaces required to qualify for continued exemption. The property owner

or lessee promptly must notify the Department of any change in qualifying factors.

The Department may, no more than once in any 12 month period, require any lessee

or owner of exempt property to file an information return to determine whether the

property meets the requirements for exemption. The exemption ends if the lessee

or owner does not file the information return.

* * *

Sec. 2. Expedited Effective Date; Expiration. The Council declares that this legislation

is necessary for the immediate protection of the public interest. This Act takes effect when it

becomes law and expires on July 1, 2015.

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Expedited Bill No. 33-13 Concerning: Streets and Roads – Urban

Road Standards and Pedestrian Safety Improvements

Revised: 11-25-14 Draft No. 5 Introduced: December 10, 2013 Enacted: November 25, 2014 Executive: Effective: Sunset Date: None Ch. , Laws of Mont. Co.

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers Berliner and Riemer

AN EXPEDITED ACT to:

(1) specify maximum standards for lane widths and curb radii on urban roads;

(2) further define certain required [[certain]] pedestrian improvements; and

(3) generally amend the laws governing road design and construction.

By amending

Montgomery County Code

Chapter 49, Streets and Roads

Sections 49-4, 49-25, 49-26, 49-29, 49-32, and 49-33

The County Council for Montgomery County, Maryland approves the following Act:

Boldface Heading or defined term. Underlining Added to existing law by original bill. [Single boldface brackets] Deleted from existing law by original bill. Double underlining Added by amendment. [[Double boldface brackets]] Deleted from existing law or the bill by amendment.

* * * Existing law unaffected by bill.

Sec. 1. Sections 49-4, 49-25, 49-26, 49-29, 49-32, and 49-33 are amended as follows:

49-4. Public-private participation.

The County Executive, on behalf of the County, may contract with any person, who is

building a real estate development or subdivision in the County, to participate in the cost of any

street, including any sidewalk, bikeway, gutter, curb or drainage construction, landscaping, traffic

control device, bikeshare station, electric vehicle charging station, or placement of utilities,

conduits, or other amenities in a street or road dedicated to public use.

[[* * *]]

49-25. [[Purpose and short title]] Complete streets policy and standards.

This Article is intended to guide the planning, design, and construction of transportation

facilities in the public right-of-way. Each transportation facility in the County must be planned

and designed to:

(a) maximize the choice, safety, convenience, and mobility of all users, regardless of

age, ability, or mode of transportation,

(b) maintain or expand connectivity for users,

[[(b)]] (c) respect and maintain the particular character of the community where it is

located, [and]

[[(c)]] (d) minimize stormwater runoff and otherwise preserve the natural environment, and

[[(d)]] (e) facilitate, to the maximum extent possible, the future accommodation of

improved transportation technology elements, such as intelligent signals, smart

parking meters, electric vehicle charging, car- and bicycle-sharing, and way-finding

systems.

To achieve these goals, each County road and street must be designed so that the safety

and convenience of all users of the roadway system - including pedestrians, bicyclists, transit users,

automobile drivers, commercial vehicles and freight haulers, and emergency service vehicles - is

accommodated. Each road and street must facilitate multi-modal use and assure that all users can

travel [safety] safely in the public right of way. A specified quantity of stormwater must be

managed and treated on- site, in the road or street right-of-way, including through the use of

vegetation-based infiltration techniques. These [contest] context-sensitive policies must be

employed in all phases of publicly or privately funded facility development, including planning,

design, construction, [and] reconstruction, and streetscaping. Each transportation project must

incorporate complete streets infrastructure sufficient to promote safe and convenient travel along

and across the right-of-way for all users.

* * *

49-26. Definitions.

* * *

Bikeway: any area expressly intended for bicycle travel, including any:

(a) Shared use path: a paved path [[8’-12’]] that is typically 10 feet wide but can vary

between 8 feet and 14 feet wide, designated for bicycles and pedestrians, that is

separated from motorized traffic by a curb, barrier, or landscape panel.

* * *

(d) Separated bike lane, also known as a protected bike lane or cycle 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.

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(e) Buffered bike lane: a bikeway separated from a motor vehicle travel lane with an

area of striped pavement.

Complete streets: streets that are planned, designed, and constructed to enable safe access

for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities,

commercial vehicles, freight haulers, and emergency service vehicles.

Complete streets infrastructure: any design feature that contributes to a safe, convenient,

and comfortable travel experience, which may include such features as sidewalks; shared use

paths, bike lanes, and separated bike lanes; bike stations and bike storage facilities; narrow motor

vehicle lanes and tight curb radii; street trees, planting strips, and other right-of-way landscaping;

curbs and accessible curb ramps; curb extensions, crosswalks, and refuge islands; raised medians;

pedestrian and traffic signals, including countdown and accessible signals; signage; streetlighting;

street furniture; bicycle parking facilities; stormwater management; public transportation stops and

shelters; dedicated transit lanes; and traffic calming devices.

* * *

Curb extension: an area that extends the line of a curb into a parking lane, reducing the

width of a street.

* * *

Maximum Target Speed: the maximum speed at which vehicles should operate on a

[throoughfare] thoroughfare in a specific context, consistent with the level of multimodal activity

generated by adjacent land uses, to provide mobility for motor vehicles and a safe environment for

pedestrians and bicyclists. [The target speed is usually the posted speed limit.]

* * *

Sidewalk: a pedestrian walkway that fronts a road.

* * *

49-29. Pedestrian walkways, bikeways, and wheelchair traffic.

(a) Bikeways and walkways must be constructed when any County road is constructed,

reconstructed, or relocated, [[unless the County Council finds (for a road

improvement authorized in a capital improvements program) or the Planning Board

finds (for a road improvement made a condition of preliminary plan or site plan

approval) that bikeways or walkways sidewalks in that location would reduce

public safety, would not be feasible, or would be disproportionate in cost to their

probable use]] except any walkway:

(1) in front of a lot that is larger than 25,000 square feet for a single-family

detached dwelling in a rural zone;

(2) on any roadway that is classified as exceptional rustic, rustic, country

arterial, or country road;

(3) on a tertiary residential street if the Planning Board finds that a sidewalk is

unnecessary for pedestrian movement, or

(4) if the site is located in an environmentally sensitive area with limits on the

amount of impervious surface allowed.

[[All bikeways and walkways]] Each bikeway and walkway must conform to

approved capital improvements programs and be consistent with applicable area

master plans and transportation plans adopted by the Planning Board.

(b) To promote the safety of bicycle and wheelchair travel throughout the County, the

County Executive must [establish] adopt, by regulation, standards and

specifications to build and maintain ramps at curbed intersections and storm water

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gratings and other openings along roads and streets, in each case of a design and

type that is not a hazard to bicycle and wheelchair traffic and is consistent with

Americans with Disabilities Act best practices guidelines published by the United

States Department of Justice. These ramps, gratings, and openings must be built

and maintained as part of each project under subsection (a).

[[* * *]]

49-32. Design standards for types of roads.

(a) The design standards adopted under this Article govern the construction or

reconstruction of any County road except Rustic Roads and Exceptional Rustic

Roads. If the Planning Board, in approving a subdivision or site plan, [determines]

finds that a waiver from any applicable design standard is necessary to promote

context-sensitive design of a specific road, the Executive or the Executive’s

designee must adopt the Board’s recommendation unless the Executive or [the] the

Executive’s designee [concludes that] notifies the Board why approving the waiver

would significantly impair public safety. The County Council may adopt

alternative standards for a specific road constructed or reconstructed in a project in

the approved capital improvements program.

* * *

(g) Each through travel or turning lane on an urban road must be no wider than 10 feet,

except that a single travel lane adjacent to a parking lane must be no wider than 11

feet and a through travel or turning lane abutting an outside curb[[, which]] must

be no wider than 11 feet, including the gutter pan. Each parking lane on an urban

road must be no wider than 8 feet, including the gutter pan. The standards in this

subsection do not apply if, for a road improvement required as a result of approving

a subdivision or site plan, the Executive or the Executive’s designee concludes that

applying a specific standard at a specific site would significantly impair public

safety.

(h) The curb radius at the corner of each intersection of two urban roads must not

exceed 15 feet[[.]] except where:

(1) there is only one receiving lane;

(2) a curb extension is located; or

(3) for a road improvement required as a result of approving a subdivision or

site plan, the Executive or the Executive’s designee concludes that applying

this standard at a specific site would significantly impair public safety.

[[Curb extensions must be provided at the ends of each permanent parking lane

except where a right-turn lane is designated.]]

(i) Each pedestrian refuge must be at least 6 feet wide. A pedestrian refuge must be

[[provided]] located at each intersection on a divided highway with 6 or more

through travel lanes.

(j) Unless otherwise specified in a master plan or the approved capital improvements

program, the maximum target [[speeds in the table below must govern the

construction or reconstruction of any County road except Rustic Roads and

Exceptional Rustic Roads:]] speed for a road in an urban area is 25 mph.

[[Classification Target Speed

Freeway 55-65 mph

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Controlled Major Highway 50 mph

Parkway urban: 25 mph

Suburban: 40 mph

Major Highway

urban: 25 mph

Suburban: 35-40 mph

rural: 45 mph*

Country Arterial Suburban: 40 mph

rural: 40-45 mph*

Arterial

urban: 25 mph

Suburban: 35 mph

rural: 40 mph*

Minor Arterial

urban: 25 mph

Suburban: 30 mph

rural: 35 mph*

Business District Street 25 mph

Industrial Street 25 mph

Country Road 25 mph

Primary and Principal Secondary Residential Streets 25 mph

Secondary Residential Streets 20 mph

Tertiary Residential Street 20 mph

Alley 15 mph]]

[[*Target speed for these classifications in suburban and rural commercial zones is

30 mph.]]

[[* * *]]

49-33. Road construction requirements.

* * *

(e) (1) If a lot or lots front on a public road, the permittee must install sidewalks,

master-planned bikeways, ramps, curbs, and gutters, except any sidewalk:

(A) in front of a lot that is larger than 25,000 square feet for a single-

family detached dwelling in a rural zone;

(B) on any roadway classified as exceptional rustic, rustic, country

arterial, or country road;

(C) on a tertiary residential street, or in an environmentally sensitive

area with limits on the amount of impervious surface allowed, if in

either case the Planning Board finds that a sidewalk is unnecessary

for pedestrian movement; or

(D) on a secondary or tertiary residential street or service drive where

the Department of Permitting Services finds that a sidewalk will not

connect potentially to other sidewalk segments.

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[[except on any Secondary or Tertiary Residential Street[,] or on any

Service Drive fronting on any lot in a residential zone. This requirement

does not apply if the minimum net lot area for a one-family detached

dwelling in that zone is larger than 25,000 square feet, except that [a

sidewalk must be installed] the permittee must install sidewalks and ramps

on any primary or higher classification road.]]

(2) However, the Planning Board may require the applicant to install sidewalks,

ramps, curbs, and gutters [[in any such zone]] if the Board finds, as a

condition of approval of a preliminary subdivision plan or site plan, that

sidewalks, bikeway connections, ramps, curbs, and gutters at that location

are necessary to allow access:

[[(1)]] (A) to a sidewalk or bikeway;

[[(2)]] (B) to a bus or other public transit stop;

[[(3)]] (C) to an amenity or public facility that will be used by occupants of

the site or subdivision; or

[[(4)]] (D) by persons with disabilities.

Before the Planning Board approves any requirement under [[the preceding

sentence]] this paragraph, the Board must give the Departments of

Permitting Services and Transportation a reasonable opportunity to

comment on the proposed requirement.

* * *

Sec. 2. Regulations; applicability. The County Executive must transmit to the Council,

by June 1, 2016, a regulation adopted under Method 2 that contains comprehensive complete

streets guidelines. Once adopted this regulation must replace the standards in Section 49-32(g),

(h) and (i). Any revised road design and construction standards in Chapter 49, as amended in

Section 1 of this Act, do not apply to any road construction project that is in final design or

construction when this Act takes effect.

Sec. 3. Expedited Effective Date. The Council declares that this legislation is necessary

for the immediate protection of the public interest. This Act takes effect on the date when it

becomes law.