Chapter 49. Streets and Roads.

describes where the obstruction exists;

describes how the obstruction impairs the vision of operators of vehicles, including bicycles, or impedes pedestrian or legal bicycle travel on the right-of- way;

describes the steps necessary to correct such conditions; and

directs the person receiving the notice to take corrective steps within a stated period of time.

mailboxes mounted on a support that will bend or break away on impact by a vehicle;

individual residential newspaper boxes mounted on a support that will bend or break away on impact by a vehicle;

street trees placed and maintained under Section 49-33(i);

ground cover placed and maintained under Section 49-33(j);

a temporary, removable obstruction or occupation of a right-of-way installed under a permit issued under Section 49-11; or

as otherwise permitted by law.

is on the same side of the street as a temporary closure; and

provides safe access and passage to pedestrians.

reconstruct or repair a sidewalk, sidepath, driveway, curb, or other structure;

repair, locate, or replace underground utilities or infrastructure under a sidewalk or sidepath;

install a temporary, removable obstruction or occupation of a right-of-way;

close a curb lane, sidewalk, or sidepath in conjunction with the construction or reconstruction of an abutting structure;

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 a site element of streetscape. Streetscape means street furnishings and fixtures used by the public in the right-of-way but does not include structures or improvements for private use. The permit applicant must execute a declaration of covenants that runs with the land on which the streetscape will be installed to perpetually maintain the permitted streetscape in a good and safe condition; return the right-of way to its condition before the permitted streetscape was installed if the nonstandard permitted streetscape is removed; and indemnify the County from any cost or liability associated with the construction, maintenance, use or removal of the nonstandard permitted streetscape; or

install a private, non-commercial structure that is accessory to a residential use. The permittee must execute a maintenance and liability agreement that is approved by the Director of the Department of Permitting Services.

the permit has conditions necessary to:

the Director of Transportation approves a temporary traffic control plan under subsection (g);

the area subject to the temporary closure is not used for vehicle parking;

the permittee has any franchise required under Section 49-20; and

the duration of the temporary closure complies with subsection (d).

a temporary closure to reconstruct or repair a sidewalk or sidepath must not exceed 6 months without the provision of a safe alternative path; and

any other temporary closure must not exceed 15 days without the provision of a safe alternative path.

the extension meets minimum requirements established under Method (2) regulations, including requirements that the permit must:

The Director may grant one extension of a time period under subsection (d), for no more than 15 days, on a showing by the applicant of undue hardship involving significant difficulty or expense.

The Executive must adopt regulations under Method (3) to specify the standards a permittee must meet to demonstrate undue hardship involving significant difficulty or expense.

a professional engineer must certify for the applicant that the plan minimizes inconvenience to the public, provides necessary warnings, and includes safe and reasonable pedestrian alternatives in accordance with accepted engineering standards; and

the permit and the traffic control plan must require signage during construction to inform pedestrians about the duration of the obstruction, the permit number, and the County contact telephone number to call.

violate Chapter 22;

interfere with use of the private road by persons with disabilities;

impede or endanger the users of any building or structure adjacent to or abutting the private road; or

adversely impact the use of connecting public roads.

Sections 49-10 and 49-11 apply to any road that is located in a municipality and owned or maintained by the County; and

if the County owns or maintains a right-of-way, Section 49-11 applies to any temporary closure of the right-of-way.

cause or permit earth, soil, mud, or other foreign material to be deposited on any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or in any drain or ditch designed to carry surface water from any public right-of-way, whether the material is spilled, dropped, placed, washed, or tracked from a vehicle; and

fail to remove immediately from the right-of-way or drain or ditch the material deposited.

Fully enclosed on the bottom and all sides; and

Covered on the top by a firmly secured cover sufficient to contain all loose or bulky material, if the vehicle does not have a roof that covers the entire area in which the load is carried.

Loose material includes dirt, ash, sand, pebbles, rocks, gravel, metal, glass, wood chips, and any other substance that can readily blow off or drop from a vehicle;

Bulk material includes bricks, cinder blocks, lumber, logs, gypsum board, barrels, pipes, furniture, and any other items that can readily drop from a vehicle.

A government agency, or a contractor hired by a government agency, that is using a motor vehicle to:

A vehicle transporting agricultural products as harvested.

A construction or mining vehicle only when it is:

A fire and rescue vehicle.

During significant winter storm events, Montgomery County’s sidewalks often become impassable and covered in piles of snow that are pushed aside from the road as a result of County and State snowplows. The scope of the problem is prevalent on Montgomery County’s busiest roads, where sidewalks are often within an arm’s reach of traffic.

These blocked sidewalks often persist for days following the end of a snowstorm, creating a significant pedestrian safety hazard that often forces pedestrians to walk in a lane with oncoming traffic.

County law allocates the responsibility of property owners to clear snow on a public sidewalk fronting their property within 24 hours of the end of snowfall. However, such clearing rarely occurs due to a variety of reasons, including the difficulty of removing the large piles of compacted snow and ice created by plow trucks.

The County, in its current operation, clears sidewalks in urban districts and approximately sixty (60) miles of sidewalks with no adjacent residential or commercial property owner outside of such areas.

Snow-covered and icy sidewalks adversely affect essential workers and commuters, who often travel by foot or public transportation, and must walk along high-traffic roads to get to bus stops and retail stores.

It is in the best interest of the County to adopt fair, reasonable and equitable legislation to address safety hazards and increase walkability access on sidewalks for pedestrians during winter storms.

Definitions. In this Section:

A person is responsible for removing snow and ice on any sidewalk, sidepath, other areas intended for public pedestrian access, or parking area on or adjacent to property that the person owns, leases, or manages, to provide a pathway wide enough for safe pedestrian and wheelchair use. For purposes of this Section, commonly owned property between a single-family residential lot and a common sidewalk or sidepath is considered part of the lot if the intervening common property includes a sidewalk, sidepath, or driveway that serves only that lot.

Except as provided in paragraph (5), each owner, tenant, or manager is jointly and severally responsible for clearing snow and ice from the property and complying with Section 31-26A(d).

The requirements of this Section do not apply to:

A violation of this Section is:

A person authorized to enforce this Section must not issue a citation for a violation unless the violation still exists 24 hours after a notice of violation. An authorized enforcement officer may issue the notice of violation to any person responsible under subsection (a) for clearing the snow or ice, or post the notice in a conspicuous place on the property where the violation exists.

Each day a violation continues to exist is a separate violation, except for a violation on or adjacent to a single-family residential property.

digital map of the County that shows who is responsible for clearing snow and ice on each sidewalk in the County;

“major storm event”' communications plan that addresses notice to County residents of a major storm event and the sidewalk snow and ice removal requirements in this Section;

targeted public education campaign about sidewalk snow and ice removal for owners of property in the County;

designation of pedestrian priority routes for targeted education and increased snow and ice removal enforcement;

public education campaign about how to request enforcement of this Section;

plan to provide extended hours for County personnel who receive snow and ice removal complaints during a major storm event;

plan for removal of snow and ice on publicly owned property:

plan for trash removal during a major storm event.

orphan sidewalks; and

non-buffered sidewalks or paths within the nineteen (19) arterial roads prescribed below:

any portion of the Purple Line that is located within the public right-of-way under a valid franchise agreement approved by the County Council under Section 49-21; and

any structure related to the Purple Line owned by the State of Maryland or its agencies or divisions, including any hiker/biker trail that will be owned or maintained by the County.

a summary of terms of the proposed franchise;

the compensation the County may receive, including in-kind goods and services; and

the location, character, and extent of the use of the right-of-way.

the mode of determining any valuation and revaluation under this Article,

the time limit to exercise the rights given, and

the procedure for default for a lapse of the franchise.

any sidewalk or sidepath in front of a lot that is larger than 25,000 square feet for a single-family detached dwelling in a rural zone;

any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic;

any sidewalk or sidepath on a neighborhood street or neighborhood yield street serving fewer than 75 dwelling units if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement;

any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed.

speed humps that are 12 feet wide may be built on any neighborhood street, neighborhood yield street, or alley, but must be spaced at least 500 feet from any other hump and 200 feet from any intersection;

speed humps that are 22 feet wide may be built on any downtown street, town center street, or shared street, but must be spaced at least 500 feet from any other hump and 200 feet from any intersection;

speed humps that are 22 feet wide may be built on a downtown boulevard, town center boulevard, area connector, neighborhood connector, rustic or exceptional rustic road, or industrial street, but must be spaced at least 750 feet from any other hump and 300 feet from any intersection; and

before speed humps are installed in any road, all other requirements specified in applicable regulations must be met.

A downtown area consists of areas with the highest intensity of development. These areas are:

A town center area consists of areas with moderate to high development intensity. These areas are:

A country area is located within the designated Rural area.

An industrial area is an area with predominantly industrial zoning.

A suburban area is an area with predominantly residential zoning that is not already a downtown, town center, industrial, or country area.

These areas may be created, eliminated or modified by functional plans, master plans, or sector plans.

Roads are included in the area within which they are located. Roads bordering on two areas will be assigned to the area with the greater development intensity.

A Freeway is a road meant exclusively for through movement of vehicles at a high speed. Access must be limited to grade-separated interchanges.

A Controlled Major Highway is a road meant exclusively for through movement of vehicles at a lower speed than a Freeway. Access must be limited to grade-separated interchanges or at-grade intersections with public roads.

A Parkway is a road meant exclusively for through movement of vehicles at a moderate speed. Access must be limited to grade-separated interchanges and at-grade intersections. Any truck with more than four wheels must not use a Parkway, except in an emergency or if the truck is engaged in Parkway maintenance.

A Downtown Boulevard is a road in a downtown area that serves a high volume of vehicles, pedestrians, bicyclists, or transit users. Access to abutting properties is allowed but not preferable. These roads were previously classified as major highways and arterials.

A Downtown Street is a road in a downtown area that serves a large share of pedestrians, bicyclists, or transit users. This road type is meant for circulation in commercial and mixed-use zones. Access to abutting properties is expected. These roads were previously classified as business streets.

A Boulevard is a road that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide cross-county and regional connections. Pedestrian, bicycle, and transit users are to be accommodated. Some access to abutting properties is expected. These roads were previously classified as major highways and arterials.

A Town Center Boulevard is a road in a town center area that serves a moderate to high volume of vehicles, pedestrians, bicyclists, or transit users. Access to abutting properties is allowed but generally not preferable. These roads were previously classified as major highways and arterials.

A Town Center Street is a road in a town center area that serves a larger share of pedestrians, bicyclists, or transit users. This road type is meant for circulation in commercial and mixed-use zones. Access to abutting properties is expected. These roads were previously classified as business streets.

An Area Connector is a two-lane street in a suburban area that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide limited regional connectivity and serve primary circulation in residential zones. These roads were previously classified as minor arterials.

A Neighborhood Connector is a street in a suburban area providing primary circulation in residential zones and may also enable traffic to pass through a neighborhood. These streets were previously classified as primary residential streets.

A Neighborhood Street is a street that provides internal circulation within suburban areas. Access to abutting properties is expected. These streets were previously classified as secondary and tertiary residential streets.

A Neighborhood Yield Street is a Neighborhood Street that is designed as a bi-directional one-lane street.

An Industrial Street is a road meant for circulation in areas consisting predominantly of industrial zones.

A Country Connector is a road in a country area that was previously classified as major highways, arterials, or country arterials.

A Country Road is a low intensity road in a country area.

An Alley is a right-of-way intended to provide secondary access to the rear or side of lots or buildings and not intended for transporting through traffic. An alley may be used to provide primary vehicular access if the Planning Board and the Director of Transportation concur that the dimensions and specifications proposed in a project, preliminary subdivision, or site plan would provide adequate primary vehicular access. An Alley is a Residential Alley if serving only residential zones, or a Commercial Alley if serving any non-residential zones.

A Rustic Road or an Exceptional Rustic Road means a road classified as such under Article 8.

A Residential Shared Street or Commercial Shared Street is a street designed to create a shared traffic environment where pedestrians, bicyclists, and other non-motorized traffic may comfortably occupy the same space as motor vehicle traffic. These streets prioritize pedestrian and bicycle movement by slowing vehicular speeds and communicating clearly through design features that motorists must yield to all other users. A Shared Street is a Residential Shared Street if serving only residential zones, or a Commercial Shared Street is serving any non-residential zones.

Freeways retain their classifications as Freeways.

Controlled Major Highways retain their classifications as Controlled Major Highways.

Parkways retain their classifications as Parkways.

Major highways:

Arterials:

Minor Arterials:

Business District Streets:

Industrial Streets retain their classification as Industrial Streets.

Primary Residential Streets:

Secondary Residential Streets are classified as Neighborhood Streets.

Tertiary Residential Streets are classified as Neighborhood Streets.

Country Arterials are classified as Country Connectors.

Country Roads retain their classifications as Country Roads.

Shared Streets with entirely residential zoning along its frontage are classified as a Residential Shared Street.

Shared Streets with any non-residential zoning along its frontage are classified as a Commercial Shared Street.

Alleys retain their classifications as Alleys.

Rustic Roads retain their classifications as Rustic Roads.

Exceptional Rustic Roads retain their classifications as Exceptional Rustic Roads.

If, after consultation with the staff of the Planning Board, the Department of Transportation determines that the criteria under (d)(1) through (d)(18) are not suitable for a particular road, the Department may determine that a more context-sensitive classification or transition length applies in lieu of the default classifications.

80 feet for a Downtown Street;

80 feet for a Town Center Street;

70 feet for an Area Connector;

70 feet for a Neighborhood Connector;

60 feet for a Neighborhood Street;

50 feet for a Neighborhood Yield Street;

80 feet for an Industrial Street;

74 feet for a Country Connector;

70 feet for a Country Road;

20 feet for an Alley serving any non-residential zoning;

16 feet for an Alley serving only residential zoning;

40 feet for a Commercial Shared Street;

40 feet for a Residential Shared Street.

A maximum 10-foot corner radius is required at intersections where all intersecting streets are Area Connectors, Neighborhood Connectors, Neighborhood Streets, or Neighborhood Yield Streets;

A larger corner radius is acceptable where there is a curb extension;

A 25-foot radius is acceptable where at least one street is an Industrial Street;

A larger corner radius is needed to serve the design vehicle and control vehicle with consideration of the allowable encroachment defined by the Complete Streets Design regulation; or

A road improvement required by a subdivision or site plan would significantly impair public safety.

25 mph for a Downtown Boulevard;

20 mph for a Downtown Street;

35 mph for a Boulevard, except 25 MPH if in an Urban Area;

30 mph for a Town Center Boulevard, except 25 MPH if in an Urban Area;

25 mph for a Town Center Street;

25 mph for an Area Connector;

20 mph for a Neighborhood Connector;

20 mph for a Neighborhood Street;

20 mph for a Neighborhood Yield Street;

25 mph for an Industrial Street;

40 mph for a Country Connector;

between 20 to 35 mph for a Country Road;

between 45 to 55 mph for a Major Highway;

case-by-case determinations for Alleys, and Shared Streets; and

30 mph for Rustic Roads, and Exceptional Rustic Roads.

If a lot or lots front on a public road, the permittee must provide sufficient drainage easements to allow for the safe conveyance of stormwater from the public right-of-way to either an approved outfall or an approved public structure.

If a lot or lots front on a public road, the permittee must construct sidewalks, master- planned bikeways, ramps, curbs, and gutters, except:

However, the Planning Board may require the applicant to install sidewalks, bikeways, ramps, curbs, and gutters if the Board finds, as a condition of approval of a preliminary subdivision plan or site plan, that sidewalks, bikeways, ramps, curbs, and gutters at that location are necessary to allow access:

On public road rights-of-way, street trees must be planted in accordance with design standards of the Department of Transportation. On private road rights-of-way and easements, street trees must be planted in accordance with the technical manual adopted by the Planning Board under Chapter 22A.

The Department of Permitting Services, the Department of Transportation, and the staff of the Planning Board should coordinate the specific location and species of street tree plantings to promote compatibility of the plantings with road function and safety, signage, maintenance, appropriate visual buffering, utilities, other public or private improvements, and aesthetic considerations related to streetscape design.

A property owner may plant and maintain ground cover in a public right-of-way adjacent to the owner’s property if the owner:

In this subsection, property owner or owner includes each person with a legal interest in the property and any successor to that person’s interest.

The County Executive must adopt Method (3) regulations that define the design and maintenance standards applicable to this Section.

Except as provided in paragraph (1), this subsection does not impair the County’s right to enter, maintain, occupy, or otherwise control any public right-of-way for any purpose.

A person must not install any curb or gutter in any portion of a road that is located in:

The Director of Permitting Services may allow a person to install curbs and gutters in a portion of a road located in an area listed in paragraph (1), after giving the Planning Board a reasonable opportunity to comment, if:

the County has previously acquired the right-of-way for the road, or the right-of way has been dedicated to public use by appropriate recording in the County land records; and

the cost of the road will be charged against the benefitted property in accordance with Sections 49-51 to 49-61 and subsection (c) of this Section.

A permit is required from the Director of Permitting Services for any work within the public right-of-way. Any permit issued for roadside tree work must comply with Section 49-36A. In this Article, “roadside tree” means any plant that has a woody stem or trunk which grows all, or in part, in the right-of-way of any County public road.

In this Section and Sections 49-36, 49-36A, and 49-37, unless otherwise specified, Director refers to the Director of Permitting Services and Department refers to the Department of Permitting Services.

Permit applicants must use forms prescribed by the Director, submit detailed plans and specifications, and include locations and record plats approved by the Department and the Planning Board.

If the proposed activity requires a sediment control permit, the Department must issue the permit before any activity occurs under a permit issued under this subsection. The State Highway Administration must approve any action under its jurisdiction before the Director may approve the permit.

As a requirement to issue a permit under this Section, the Director may require the applicant to designate and bond a haul route for construction materials, as described in Section 49-8.

remove or prune a tree that endangers a person or property;

remove a stump in the right-of-way;

plant a tree; or

install a sign identifying a geographic area in the right-of-way if:

A person may receive a right-of-way permit to perform tree work on a roadside tree if the person:

The following activities are not subject to this Section (except subsection (f)) and do not require a right-of-way permit:

protect the health of the tree;

eliminate or reduce a hazard to property, public safety, or health;

improve or prevent a deteriorated tree condition;

improve the overall appearance of the right-of-way; or

carry out a development which has received all other applicable development approvals.

The Department must not issue a right-of-way permit for tree work under Section 49-35 until the applicant has submitted, and the Department has approved, a site-specific tree protection plan that requires the applicant to take all necessary measures to protect, and minimize damage during development to, any affected roadside tree.

If the advice or consent of any County department, in its role as owner of or otherwise responsible for the care of any tree in a County right-of-way, is needed or requested before the state Department of Natural Resources may act on a permit allowing tree work on a tree in a County right-of-way, that County department must not give its advice or consent until the Department of Permitting Services has approved a tree protection plan under this subsection, Section 8-26, or Section 19-71.

The Department must approve or reject each proposed tree protection plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.

Each permittee who removes a roadside tree in a County right-of-way must:

The permittee must pay the required amount within 30 days after the Director notifies the permittee that the payment is required.

The Department of Transportation must use funds in the Street Tree Planting Fund only to plant trees in the right-of-way of a public road in the County, and must not use funds received under this subsection to hire additional County staff or to supplant funds otherwise appropriated for that purpose.

In locating, selecting, and planting trees under this subsection, the Department must:

In this Section, recommended County tree list means a list of trees approved by the Director after consulting the Department of Transportation. The list must only include trees that are also on the State recommended tree list and must include each tree that the Director identifies as suitable for planting on specific sites and conditions in the right-of-way of a public road in the County.

Any tree that any person plants on a public right-of-way must be a species and variety listed on the recommended County tree list and must conform to the American Standard for Nursery Stock.

criteria and procedures to issue, deny, modify, suspend, or revoke permits for work on roadside trees;

tree work standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees; and

supplementary roadside tree planting requirements and specifications, and criteria and procedures needed to administer the Street Tree Planting Fund.

Before beginning any grading or construction, a permittee under this Article must deliver to the County acceptable security in the form of an irrevocable letter of credit from a financial institution, cash bond, corporate bond, certificate of guarantee, or other instrument approved by the County Attorney. The security must guarantee an amount that the Director estimates to be the total cost to perform all work necessary to complete the subdivision's streets and roads, including any necessary repairs, in a manner suitable for acceptance by the County. As used in this Section, acceptable security includes any such letter of credit, bond, certificate, or other acceptable instrument.

As used in this Article, a certificate of guarantee is an instrument issued by an organization or entity which is approved by the Director and meets capitalization and other reasonable criteria established by regulation. Other criteria may include the demonstrated expertise of the issuing organization or its members in construction of streets and roads; the estimated cost of the work to be performed by the permittee; the estimated cost of all work guaranteed by the issuing organization or entity; and the incidence of violation of, or otherwise failing to comply with, this section by all members of the issuing organization or entity. The certificate of guarantee must only be issued by the approved organization or entity on behalf of members in good standing of that organization or entity. The member for whom the certificate is issued must qualify as a developer or subdivider as defined in Section 50-1. The Director must resolve any question about the eligibility of a permittee to post a certificate of guarantee in the Director's sole discretion.

Any acceptable security must run to the County and specify that the permittee and all agents and employees must:

In determining the conditions and the amount of the acceptable security, the Director may set reasonable criteria based on practical, engineering, environmental or other considerations, including:

If the Director finds that a road or portion of a road is necessary to protect the public safety or welfare or to connect other subdivisions to public highways, subsection (b)(1) does not apply and the Director may require an acceptable security to complete the applicable road or portion of road.

The Director may at any time, after finding a violation of an applicable law, regulation, or the terms and conditions of the permit, revoke the permit and proceed against the security posted to assure the appropriate stabilization of the ground surface of the proposed road project. The Director may post stop-work orders throughout the subject subdivision until an acceptable security is posted which assures the performance of all work necessary to complete the streets and roads, including any necessary repairs.

If the Director finds a violation of an applicable law or regulation, or a default in the performance of any term or condition of the permit or accepted security, the Director must give written notice of the violation or default to the principal and to the surety of the accepted security. The notice must specify the work to be done, the estimated cost of the work, and the period of time the Director finds reasonably necessary to complete the work.

If a cash bond has been posted, the Director must give notice of default to the principal; and if compliance is not achieved within the time specified, the Director may, without delay and without further notice or proceedings, use the cash deposited, or any portion of the deposit, to cause the required work to be performed by contract or otherwise in the Director’s discretion. After any default in the performance of any term or condition of the permit or accepted security, the County, the surety, and any person employed or engaged on their behalf may enter the site to complete the required work.

If the County undertakes the required work with funds from the forfeited security, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary work within the requirements of the plan, permit, security, or this Chapter.

If the cost of the work exceeds the amount of the security, the permittee is liable to pay all excess costs and expenses incurred by the County. The costs and expenses must be a lien upon all property and all rights to property, real or personal, of any person liable to pay those costs after the costs become due and payable, including interest at the rate applicable for overdue County taxes. The costs must be listed on the tax bill and must be collected in the manner of ordinary taxes.

Sidewalks and Sidepaths.

Right-of-way widths. The Director may waive or reduce any right-of-way width if:

Grade percentages. The Director may waive or reduce any required grade percentage if the road connects with another road or private driveway in such manner that the grade percentage required by this Article cannot be provided.

Full-width grading. The Director may waive or reduce any requirement for full- width grading if:

Dual roads. The Director may allow the construction of only one roadway of a dual road if:

The Director of Permitting Services, after reviewing detailed plans and specifications of the proposed improvements, must recommend in writing, using waiver criteria developed by the Department of Transportation, that the Executive should approve or disapprove the improvements proposed in the plans submitted by the applicant and state the reasons for the recommendation. The failure of the Director to act on the plans within 30 days after submission constitutes the Director's support of the Executive granting the waiver.

If a road is proposed to be improved by the County, the road is listed for construction or reconstruction in an approved six-year capital improvements program.

An immediate, temporary improvement is necessary to provide safe vehicular access to residents presently residing on or near the road.

The road is a County public road, and all rights-of-way required for the proposed improvements have been acquired by or dedicated to the County.

The applicant for such a waiver has agreed to make, or cause to be made, all of the proposed improvements in the road at no cost to the County. An applicant under this subsection, before beginning any grading or construction, must deliver to the County a cash or corporate bond in the amount estimated to be the total cost of the project. The cash or corporate bond must run to the County and require the applicant to:

The applicant for a waiver under this subsection must submit for recording in the County land records, in a form approved by the County Attorney, covenants which bind the applicant, each petitioner, and their successors in title to accept, as against each of their properties which are adjacent to the road, any future special improvement assessments levied to build the road, reserving the right to challenge any assessment which exceeds the amount by which the property is specially benefitted.

the road to be improved is listed for planning and design or for construction or reconstruction in the most recently approved six-year capital improvements program;

an immediate, temporary improvement is necessary to provide safe vehicular access to nearby residents;

the road is a County public road, and no additional right-of-way is needed for the proposed improvement; and

waiving of any requirement of this Article will not impair public safety.

the road improvements are needed to relieve hazardous or emergency conditions, or to protect the health and well-being of the community;

the road to be improved is less than 1¼ miles long, not located in a new subdivision, and no additional right-of-way is needed for the proposed improvement;

existing and projected traffic levels are appropriate to the construction standards proposed;

the road improvements are limited to surface treatments and minor drainage improvements;

the road improvements will reduce road maintenance expenses;

the County Executive has received a petition endorsing the proposed improvements signed by a substantial majority of the property owners adjacent to the road; and

the proposed improvements and their estimated costs were expressly included in the County Executive's annual budget, and the Council appropriated all necessary funds.

issues an Executive order which states the nature of the unforeseen emergency or disaster, the scope and duration and any other conditions of the waiver, and

promptly submits a copy of the order to the County Council.

expenditure schedules in the approved County Capital Improvements Program;

the evaluation of the Department of Transportation’s Pavement Management System; and

coordination and consultations with other government agencies and public utilities.

the State Highway Administration;

each municipality in the County;

each public utility, and each cable communications franchisee, that operates in the County;

the Washington Suburban Sanitary Commission;

the County Planning Board;

civic, business, and community organizations active in the County; and

any other agency, organization, or person that would benefit from that information.

avoid conflicting or duplicative activities; and

minimize the time that any sidewalk, street, or road will be unavailable for unimpeded public use.

describe the property,

list the owner as the owner appears on the County assessment records,

appoint a licensed real estate broker or a licensed real estate appraiser to estimate the property's fair market value,

direct the County Attorney to acquire the property or interest under this procedure, and

guarantee the payment of any amount above the estimated fair market value, later awarded by a jury.

Promptly after being appointed, the broker or appraiser must estimate the fair market value of the property or interest and submit a written report to the County.

The County then may by petition, naming the owner and all persons of record whose interest in the property would be taken, pay to the Circuit Court the amount estimated by the broker or appraiser to be the fair market value of the property, and record a copy of the resolution of taking in the County land records. A copy of the resolution must be attached to the petition and filed with the Circuit Court. A copy of the petition and resolution must be sent to each person named in the petition.

A copy of the petition and resolution must be filed with the Supervisor of Assessments, who must promptly adjust the tax assessment records.

The County may then immediately take possession of the property or interest described in the resolution without further notice to the property owner or other person of interest, and may proceed with the road or street project.

Payment into court of the amount estimated by the County's broker or appraiser to be the fair market value of the property or interest does not limit the amount that may be later awarded by a jury. The guarantee of the County to pay any further sum later awarded by a jury remains in effect until the final disposition of the proceeding.

the time and place of the hearing;

the location of the construction which is the subject of the hearing;

the extent and kind of construction intended;

the type of materials to be used;

the estimated cost of construction; and

the location of the real property that will be benefited by the construction.

the sidewalk or path can be constructed entirely in one or more existing public rights-of-way without a detailed engineering design;

the Executive finds, after the Executive’s designee has given notice to and met with residents of the area, that no significant controversy has arisen that would require a public hearing to be held.

If a road, bridge, storm drain, sidewalk, sidepath, transitway, or other transportation facility is located partly in the unincorporated area of the County and partly in a municipality or special taxing district that is authorized by law to build or maintain that part of the facility that is located in the municipality, either the County or the municipality or special taxing district may improve the entire facility according to applicable County laws or any law or regulation that applies in the municipality or special taxing district, respectively, as if the facility were completely located in the unincorporated area of the County or in the municipality or special taxing district.

The County Executive and the governing body of the municipality or special taxing district must mutually consent to construct or improve the facility, which consent may be granted without regard to the laws of the County or of the municipality or special taxing district regarding construction of roads and assessment for the construction.

The County may build or improve a road, bridge, storm drain, sidewalk, sidepath, bikeway, transitway, or other transportation facility which it is authorized by law to construct and maintain, including when the facility is located partly or entirely in a municipality or special taxing district. Before taking any action under this paragraph, the Executive must consult each affected municipality.

If the County or any municipality or special taxing district authorizes the construction of a road, obtains the consent of the other under subsection (a), assesses its cost against abutting property on the basis of benefit to the abutting property, and the assessment is made in accordance with the laws and regulations of the County or municipality or special taxing district levying the assessment, any property which abuts the road or public way but which is located in whole or in part in the other jurisdiction, may be assessed for its proportionate share of the cost of construction in the same manner as if the property were located only in the County or municipality or special taxing district levying the assessment, as the case may be.

Any party on whom an assessment may be levied under this subsection may appeal the assessment, in the same manner under the law of the jurisdiction levying the assessment, as any other party entitled to appeal under its law.

A municipality or special taxing district may, in its discretion, pay all or part of the costs assessed by the County against any property located in it.

Any assessments under this Article is due and payable 30 days after the Council adopts the resolution levying the assessment. Until the assessment is paid, the Director of Finance may attach a lien on the property on which the assessment was levied.

The Council may provide in the resolution that assessments may be paid in full at any time or in up to 20 equal annual installments. Each assessment must bear interest on the unpaid balance from the date the Council adopts the resolution at the interest rate paid by the County on its bonds used to finance construction of the road, plus one percent.

The resolution must provide that all or any portion of the assessment may be paid without interest within 90 days after the resolution levying the assessment is adopted, or in equal annual installments starting on the July 1 at least 30 days after the levy of the assessment. Each payment must include interest on the unpaid balance. Any annual installment, together with the interest on it, not paid on or before the September 30 after its due date, is overdue and must be charged additional interest and penalty at the rate prescribed by law for overdue taxes on real property for the full taxable year.

The payment deferral must be provided only on assessments connected with property which has been subject to an increased County property tax assessment resulting directly from a government-initiated change in the zoning classification of the property to a higher intensity use. A government-initiated change in the zoning classification of property is a change proposed by the Planning Board.

The property connected with the assessment has been and must be actually occupied by the taxpayer for residential purposes. Any change in use during the period of payment deferral automatically ends the deferral. Any deferred assessment and accumulated interest on it is then immediately due and payable.

The payment deferral ends immediately when the owner of record listed on the tax records when the property was rezoned transfers the property. Any deferred assessment and accumulated interest on it is then immediately due and payable.

The owner must execute an agreement with the County to pay the balance of unpaid deferred assessments and accumulated interest on them immediately if the owner transfers ownership or does not comply with any other condition, or when the specified deferral period expires.

Interest on the unpaid balance of any deferred assessments must accrue from the date of the deferral resolution at the rate specified in this Section.

the Department of Transportation;

the Department of Permitting Services;

the Maryland-National Capital Park and Planning Commission;

the Washington Suburban Sanitary Commission, if any part of the right-of-way is located in the Washington Suburban Sanitary District;

each public utility authorized by the Public Service Commission to operate in the area and which has any overhead or underground facilities in the vicinity;

the governing body of each incorporated municipality or special taxing district in which any of the right-of-way is located;

the Police Department;

the County Fire and Rescue Service; and

any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.

In this subsection, County Executive means the County Executive or the Executive’s designee.

The procedures in this subsection are the exclusive means to abandon all or a portion of a platted or recorded public storm drainage right-of-way that is not used for any other public purpose.

The County Executive may grant a partial or total abandonment of the existing storm drainage right-of-way if the Executive:

Before granting a partial or total abandonment of a storm drainage right-of-way under this subsection, the County Executive may require the owner of the land that is presently encumbered by the storm drainage right-of-way, or the proposed owner if the County holds fee-title to the storm drainage right-of-way, to execute a maintenance and liability agreement. If the Executive requires a maintenance and liability agreement, the agreement must:

the right-of-way is no longer necessary for present public use or anticipated public use in the foreseeable future, or

the abandonment or closing is necessary to protect the health, safety and welfare of the residents near the right-of-way to be abandoned or closed. In assessing health, safety, and welfare issues, the Council may consider:

each person with a recorded financial interest in land abutting the right-of-way;

the Department of Transportation;

the County Fire and Rescue Service;

the Police Department;

the Washington Suburban Sanitary Commission, when applicable;

each public utility operating in the area;

the governing body of each incorporated municipality or special taxing district which adjoins the right-of-way sought to be abandoned; and

Any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.

the right-of-way previously was improved or used for the purposes for which it was intended or dedicated; and

the right-of-way is necessary for anticipated public use.

The Director of Transportation may, by agreement or condemnation, restrict or limit the right of any owner of land abutting the Freeway or Controlled Major Highway to lay out or construct any new means of access to, from or across the abutting land to or from the Freeway or Controlled Major Highway or to enlarge or extend any existing means of access. The Director may designate points where access is permitted, or permit changes in existing means of access, consistent with any applicable master plan, on specified terms and conditions.

The Director may close any existing means of access to, from, or across abutting land to or from the Freeway or Controlled Major Highway by agreement or condemnation, consistent with any applicable master plan.

is located in an area where natural, agricultural, or historic features are predominant, and where master planned land use goals and zoning are compatible with a rural/rustic character;

is a narrow road intended for predominantly local use;

is a low volume road with traffic volumes that do not detract significantly from the rustic character of the road;

the history of vehicle and pedestrian crashes on the road in its current configuration does not suggest unsafe conditions.

qualifies as a rustic road under subsection (b);

contributes significantly to the natural, agricultural, or historic characteristics of the County;

has unusual features found on few other roads in the County; and

would be more negatively affected by improvements or modifications to the physical characteristics of the road than would most other roads in the rustic roads program.

three members who operate commercial farmland earning 50 percent or more of their income from direct involvement in commodity farming;

one member who is a representative of the Agricultural Advisory Committee and has been recommended to the Executive by the AAC;

one member who knows rural preservation techniques through practical experience and training;

one member who knows roadway engineering through practical experience and training; and

three at-large members who do not satisfy the requirements of subsections (a)(1) through (a)(4) above, to be drawn from frequent users of rustic roads.

promote public awareness and knowledge of the County rustic roads program;

review and comment on classification of rustic roads and exceptional rustic roads;

review and provide comments on subdivision applications when the requirements of the Subdivision Regulations conflict with this Article or Executive Regulations;

other duties as required by Executive Regulations;

review and comment on Executive Regulations and other County policies and programs that may affect the rustic roads program; and

report on June 1 of each even numbered year to the Executive, the Council, and the Planning Board on the status of the rustic roads program.

The Committee has 17 members.

The Executive must appoint a representative from each of the following departments as members:

The Executive must invite a representative from each of the following agencies to serve as members:

The Executive must appoint:

The Executive must appoint the remaining individuals from different geographic areas of the County.

The term of each member is 3 years. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

All members of the Committee are voting members.

The Executive must designate a member of the Committee as Chair for one 2- year term.

The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 4 times each year.

A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

advise the Executive and Council on the status of the implementation of the recommendations in the Pedestrian Safety Final Report, issued in 2002;

advise the Executive and Council of priorities and needs for pedestrian and bicycle safety and access, and other pedestrian-related issues; and

continue to gather information on pedestrian safety and other pedestrian-related issues and identify new issues that emerge.