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, (c) respect and maintain the master plan recommendations for the community where it is located, (d) ensure access, convenience, safety, and investment of resources are equitably applied, (e) minimize stormwater runoff and otherwise preserve the natural environment, and (f) 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 intended users of the roadway system is accommodated. Complete streets function as a road transportation network that is safe and convenient for all intended users, regardless of mode. Stormwater management requirements, including vegetated and structural practices, may be met on-site and within the public right-of-way. Complete streets policies must be employed in all phases of publicly or privately funded facility development, including planning, design, construction, reconstruction, and streetscaping. The County Executive must adopt under Method (2) a Complete Streets Design regulation that provides guidance on the planning, design, and operation of roadways for all intended users. This Article may be cited as the “Montgomery County Road Design and Construction Code.” Sections 49-25, 49-26, 49-27, 49-28, 49-29, 49-31, 49-33, 49-34, 49-35, 49-36, 49-37, 49-41, 49-39, 49-40, 49-41, and certain repealed sections [formerly §§ 93-6 through 93-19] are cited in Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959).

In this Chapter, except where specified otherwise, the following words and phrases have the meanings indicated: Bikeway means any area expressly intended for bicycle travel, including associated curbs and gutters and any: (a) Bike lane means a portion of a roadway designated by striping, signing, or pavement markings for the preferential or exclusive use of bicycles, and on which travel by motor vehicles is not allowed. (b) Off-street trail means paths located outside of the road right-of-way that provide two-way travel for people walking, bicycling and using other non-motorized modes. This facility was formerly referred to as a “shared use trail.” (c) Separated bike lane, also known as a protected bike lane or cycle track means an exclusive bikeway that is physically separated from motor vehicles and distinct from the sidewalk. A separated bike lane may be in a one-way or two-way configuration. (d) Shared use roadway means a roadway open to both bicycle and motor vehicle travel and which is designated as a preferred route for bicycle use by warning or informational signs. (e) Sidepath means a paved path that is located parallel to and within the road right-of-way. Sidepaths provide two-way travel routes designated for walking, bicycling, jogging and skating. Sidepaths are separated from motorized traffic by a curb, barrier, or landscape panel. This facility was formerly referred to as a “shared use path”. Complete streets means streets that are planned, designed, and constructed to enable safe access for all intended users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities, commercial vehicles, freight haulers, and emergency service vehicles. Complete streets infrastructure means any design feature that contributes to a safe, convenient, and comfortable travel experience, which may include such features as sidewalks; sidepaths, 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. Construction and constructed include “reconstruction” and “reconstructed” but not “maintenance,” and include grading, installation of drainage structures, paving, curbs and gutters, curb returns, sidewalks and other areas intended for pedestrian access, bikeways, driveway entrances, guardrails, retaining walls, sodding, and planting. Curb extension means an area that extends the line of a curb into a parking lane, reducing the width of a street. Curbside Width means the area beyond each curb necessary for sidewalks, sidepaths, street trees and other landscaping, streetlights, utilities, and other elements. Dedication plat means any plat conforming to law, duly recorded in the County land records, which has the legal effect of dedicating one or more rights-of-way to public use. If the plat was recorded after the Maryland-National Capital Park and Planning Commission was created, and the property is located in the Commission’s jurisdiction, the Commission must have approved the plat. Design standard means the standard adopted by regulation under this Article for each type of road, as defined in Section 49-31, except Freeways and Controlled Major Highways, which shows typical cross-sections and other dimensions to which the road must conform. Director means the Director of Transportation or the Director of Permitting Services, as specified, and each Director’s designee. Drainage structure means any culvert, bridge, storm drain, storm sewer, catch basin, canal, channel, inlet, ditch, or subsurface drain, and any other structure or watercourse designed to convey surface or other waters. Dual road means any road in which the travel directions are separated by a median. Forest conservation plan means a plan for the retention, afforestation, or reforestation of forest and trees approved under Chapter 22A. Ground cover means low-maintenance, non-invasive, leafy, grassy, or woody vegetation that covers and holds soil. Maximum target speed means the maximum speed at which vehicles should operate on a 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. Private Road means any road or any segment of a road, including any sidewalk, sidepath, or other area intended for pedestrian access adjacent to the private road that has not been deeded, dedicated or otherwise permanently appropriated to the public for public use or County maintenance. Protected Crossing means specific traffic control devices that improve the safety and comfort of pedestrians and bicyclists crossing streets by reducing or eliminating conflicts, as well as increasing stopping and yielding for pedestrians and bicyclists, using measures such as traffic signals (full signals with pedestrian signals), pedestrian hybrid (HAWK) beacons, all-way stop control, or grade-separated crossings. Reconstruct and reconstruction include any change in the width, alignment, or design of a road or other structural features within or along a roadway but does not include resurfacing a road, bikeway, or sidewalk without any change in its width. Road means any road, street, highway, avenue, boulevard, lane, alley, bridge, sidepath, sidewalk, viaduct, or any segment of any of them, and any related storm drain and stormwater management facility. Rural area means an area designated as the Rural East and Rural West policy areas in the Growth and Infrastructure Policy. Sidewalk means any portion of the right-of-way for a County road that is expressly intended for pedestrians, including pedestrian ramps. Specimen tree means any tree with a diameter measured at 4.5 feet above the ground of 30 inches or more, or any tree with 75% or more of the diameter of the current champion tree of that species, as designated by the County Forest Conservation District Board. Speed hump means a parabolic or flat-top device used to create vertical deflection along a roadway for traffic calming purposes. These may include wheel gaps that allow target vehicles to pass through unaffected or flat-top devices may include crosswalks. Street tree means a tree that is listed in the design standards as acceptable for planting in a public right-of-way. In a private road right-of-way or easement, a tree listed as acceptable for planting in the Planning Board technical manual for forest conservation. Subdivision means the division or assemblage of a lot, tract or parcel of land into one or more lots, plots, sites, tracts, parcels, or other divisions for immediate or future rental, sale, or building development. Subdivision includes a re-subdivision, but not a division or partition of land for agricultural purposes. Transitway means a right-of-way for use exclusively by public transit vehicles. Urban area means areas depicted in the Master Plan of Highways and Transitways as amended, or by any replacement functional, master, or sector plan that defines urban areas or urban road code boundaries.

This Article applies to all roads in the County, except any: (a) state road; (b) federal road; (c) road located in any park under the jurisdiction of the Maryland-National Capital Park and Planning Commission; (d) private road; or (e) municipally owned and maintained road. Nothing in this Article prevents the County from building, and assessing the cost of, any drainage structure, curb or gutter, sidewalk, sidepath, curb return, or sidewalk and driveway entrance, along a state or federal road.

(a) Except as otherwise provided in this Article, the construction of all roads must conform to the standards and specifications in this Article or any regulation adopted under this Article. As used in this Article, “standards” means County design standards including the regulation adopting the complete streets design, and “specifications” means the most recent state standard specifications for road construction and materials. When no County standards or specifications are applicable, the County will apply the current guidance published by the American Association of State and Highway Transportation Officials (AASHTO) or National Association of City Transportation Officials (NACTO). (b) The Executive may set a fee by Method (3) regulation for the review of any plan or document submitted under Chapter 50 or this Chapter. Each fee must be based on the costs of reviewing any plan or document and any staff participation in the subdivision process. The Department must provide a copy of each fee regulation to the Planning Board. (c) The Department of Transportation must make available to the public, free or at a reasonable cost, an up-to-date copy of all applicable County road design standards and specifications.

(a) The County must construct bikeways and sidewalks when it is constructing, reconstructing, or relocating a County road, except: (1) 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; (2) any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic; (3) 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; (4) any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed. Each bikeway and sidewalk 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 adopt, by Method (3) regulation, standards and specifications to build and maintain ramps at curbed intersections and stormwater 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).

(a) The Director of Transportation must consider installing traffic calming and bicycle- and pedestrian-friendly design features on any area connector, neighborhood connector, neighborhood street, or neighborhood yield street over 1,000 feet long, downtown street, town center street, and industrial street. Traffic calming features include raised crosswalks and raised intersections, traffic circles, medians, pedestrian refuge islands, curb extensions, smaller centerline radii, parking cut-outs, chicanes, other forms of horizontal or vertical deflection, and special paving and streetscaping in central business districts or other commercial areas. (b) Speed hump location and placement: (1) 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; (2) 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; (3) 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 (4) before speed humps are installed in any road, all other requirements specified in applicable regulations must be met.

(a) In this Article and the regulations adopted under it, County area types are as follows until subsequently designated by functional plans, master plans, or sector plans: (1) A downtown area consists of areas with the highest intensity of development. These areas are: (A) Bethesda CBD; (B) Friendship Heights CBD; (C) Silver Spring CBD; (D) Wheaton CBD; (E) White Flint Sector Plan area; (F) White Flint 2 Sector Plan area west of the CSX Metropolitan Branch; (G) Life Science/FDA Village area of the 2014 White Oak Science Gateway Master Plan; (H) Life Science Center Districts in the 2010 Great Seneca Science Corridor Master Plan: LSC Belward, LSC North, LSC Central and LSC West districts; and (I) Rock Spring Sector Plan. (2) A town center area consists of areas with moderate to high development intensity. These areas are: (A) Burtonsville urban area; (B) Cabin Branch urban area; (C) Chevy Chase Lake urban area; (D) Clarksburg Town Center urban area; (E) Damascus urban area; (F) Forest Glen/Montgomery Hills Sector Plan urban area; (G) Germantown Town Center urban area; (H) Glenmont urban area; (I) Grosvenor urban area; (J) Kensington urban area; (K) Langley Crossroads urban area; (L) Life Science Center South in Great Seneca Science Corridor urban area; (M) Lyttonsville Station urban area; (N) Olney Town Center urban area; (O) Piney Branch urban area; (P) Shady Grove urban area; (Q) Twinbrook urban area; (R) Veirs Mill-Randolph urban area in Veirs Mill Corridor Master Plan; (S) Washingtonian Town Center in Great Seneca Science Corridor urban area; (T) Westbard Sector Plan urban area; (U) White Flint 2 Sector Plan area east of the CSX Metropolitan Branch; (V) White Oak Science Gateway urban area excluding Life Sciences/FDA Village Center; and (W) Woodside Station urban area. (3) A country area is located within the designated Rural area. (4) An industrial area is an area with predominantly industrial zoning. (5) A suburban area is an area with predominantly residential zoning that is not already a downtown, town center, industrial, or country area. (6) These areas may be created, eliminated or modified by functional plans, master plans, or sector plans. (7) 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. (b) Each road must be assigned a County classification and a federal classification. Federal classifications are assigned in accordance with the most recent edition of the Federal Highway Administration Highway Functional Classification typologies. (c) County classifications are: (1) A Freeway is a road meant exclusively for through movement of vehicles at a high speed. Access must be limited to grade-separated interchanges. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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. (9) 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. (10) 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. (11) 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. (12) A Neighborhood Yield Street is a Neighborhood Street that is designed as a bi-directional one-lane street. (13) An Industrial Street is a road meant for circulation in areas consisting predominantly of industrial zones. (14) A Country Connector is a road in a country area that was previously classified as major highways, arterials, or country arterials. (15) A Country Road is a low intensity road in a country area. (16) 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. (17) A Rustic Road or an Exceptional Rustic Road means a road classified as such under Article 8. (18) 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. (d) County classifications are assigned as follows until the roads are re-designated by functional plans, master plans, or sector plans. The number of lanes is defined as the number of through lanes for motor vehicles and is tallied based on the number of planned lanes for that road, or the number of existing lanes if not specified by any functional plan, master plan, or sector plan. (1) Freeways retain their classifications as Freeways. (2) Controlled Major Highways retain their classifications as Controlled Major Highways. (3) Parkways retain their classifications as Parkways. (4) Major highways: (A) Major highways located in a downtown area are classified as Downtown Boulevards. (B) Major Highways located in a town center area are classified as Town Center Boulevards. (C) Two-lane Major Highways located in a country area are classified as Country Connectors. (D) Two-lane Major Highways located in a suburban area are classified as Area Connectors. (E) All Major Highways not addressed by (A) through (D) are classified as Boulevards. (5) Arterials: (A) Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards. (B) Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets. (C) Arterials with more than two lanes located in a town center area are classified as Town Center Boulevards. (D) Arterials with two lanes located in a town center area are classified as Town Center Streets. (E) Arterials located within a country area are classified as Country Connectors. (F) Two-lane Arterials located in a suburban area are classified as Area Connectors. (G) All Arterials not addressed by (A) through (F) are classified as Boulevards. (6) Minor Arterials: (A) Minor Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards. (B) Minor Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets. (C) Minor Arterials with more than two lanes located in a town center area are classified as Town Center Boulevards. (D) Minor Arterials with two lanes located in a town center area are classified as Town Center Streets. (E) Minor Arterials located within a country area are classified as Country Connectors. (F) All Minor Arterials not addressed by (A) through (E) are classified as Area Connectors. (7) Business District Streets: (A) Business District Streets with four or more lanes located in a downtown area are classified as Downtown Boulevards. (B) Business District Streets with fewer than four lanes located in a downtown area are classified as Downtown Streets. (C) Business District Streets with more than two lanes that are not located in a downtown area are classified as Town Center Boulevards. (D) Business District Streets with two lanes that are not located in a downtown area are classified as Town Center Streets. (8) Industrial Streets retain their classification as Industrial Streets. (9) Primary Residential Streets: (A) Primary Residential Streets located in a country area are classified as Country Roads. (B) Primary Residential Streets not located in a country area are classified as Neighborhood Connectors. (10) Secondary Residential Streets are classified as Neighborhood Streets. (11) Tertiary Residential Streets are classified as Neighborhood Streets. (12) Country Arterials are classified as Country Connectors. (13) Country Roads retain their classifications as Country Roads. (14) Shared Streets with entirely residential zoning along its frontage are classified as a Residential Shared Street. (15) Shared Streets with any non-residential zoning along its frontage are classified as a Commercial Shared Street. (16) Alleys retain their classifications as Alleys. (17) Rustic Roads retain their classifications as Rustic Roads. (18) Exceptional Rustic Roads retain their classifications as Exceptional Rustic Roads. (19) 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.

(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, 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 Executive’s designee 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. (b) A limited segment of a County road may be designed to vary slightly from the applicable standards, criteria, or specifications, as necessary to adjust to site-specific conditions, as long as the road’s typical cross-section and other attributes conform to the applicable standards, criteria, or specifications. The regulations adopted under this Article must include a process by which the Department that approves a limited design variance under this subsection regularly notifies other affected County departments, the Planning Board, and the public of each variance. (c) The minimum right-of-way for a road may be specified in the most recent applicable functional plan, master plan, or sector plan for the area where the road is located. Minimum rights-of-way generally do not include continuous features along a typical section, and account for parking, drainage and stormwater management, spot conditions such as auxiliary lanes or transit stations, or infrastructure at intersections such as signal equipment and protected intersections. If a minimum right-of-way for a particular road is not specified in a functional plan, master plan, or sector plan, the minimum right-of-way must be: (1) 80 feet for a Downtown Street; (2) 80 feet for a Town Center Street; (3) 70 feet for an Area Connector; (4) 70 feet for a Neighborhood Connector; (5) 60 feet for a Neighborhood Street; (6) 50 feet for a Neighborhood Yield Street; (7) 80 feet for an Industrial Street; (8) 74 feet for a Country Connector; (9) 70 feet for a Country Road; (10) 20 feet for an Alley serving any non-residential zoning; (11) 16 feet for an Alley serving only residential zoning; (12) 40 feet for a Commercial Shared Street; (13) 40 feet for a Residential Shared Street. (d) Grass shoulders must be load bearing at any specific location designated by the Director of Permitting Services after consulting the Fire Chief and Director of Transportation. (e) Unless otherwise specified in this Article, each grading, drainage structure, paving, shoulder, landscaping, and traffic control must be installed as provided in the latest applicable County design standards, storm drain criteria, and specification. Unless extenuating circumstances would result in a safety hazard, when a road is resurfaced the road must also be restriped to meet any applicable lane width standard and may include bike lanes where appropriate. (f) The curb radius at the corner of each intersection is 15 feet. Exceptions to these requirements may be allowed as follows: (1) 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; (2) A larger corner radius is acceptable where there is a curb extension; (3) A 25-foot radius is acceptable where at least one street is an Industrial Street; (4) 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 (5) A road improvement required by a subdivision or site plan would significantly impair public safety. (g) Each pedestrian refuge must be at least 6 feet wide. A pedestrian refuge must be located at each intersection approach along a divided highway with 6 or more through travel lanes. (h) Unless otherwise specified in a functional plan, master plan, sector plan, or the approved capital improvements program, the maximum target speed for a road must be: (1) 25 mph for a Downtown Boulevard; (2) 20 mph for a Downtown Street; (3) 35 mph for a Boulevard, except 25 MPH if in an Urban Area; (4) 30 mph for a Town Center Boulevard, except 25 MPH if in an Urban Area; (5) 25 mph for a Town Center Street; (6) 25 mph for an Area Connector; (7) 20 mph for a Neighborhood Connector; (8) 20 mph for a Neighborhood Street; (9) 20 mph for a Neighborhood Yield Street; (10) 25 mph for an Industrial Street; (11) 40 mph for a Country Connector; (12) between 20 to 35 mph for a Country Road; (13) between 45 to 55 mph for a Major Highway; (14) case-by-case determinations for Alleys, and Shared Streets; and (15) 30 mph for Rustic Roads, and Exceptional Rustic Roads.

(a) If alternative standards and specifications are allowed in Section 49-32, any one alternative may be selected by the applicant for a permit, subject to the approval of the Director of Permitting Services. (b) The Department of Transportation must erect, or order a permittee to erect, name signs at each road intersection. If the Director of Transportation finds that traffic control or vehicular or pedestrian safety so requires, the Director may order a permittee to install traffic control signs, markings, or other devices on any right-of-way that will be publicly maintained. (c) If a preliminary drainage study indicates that a minimum right-of-way or storm drain easement width required in this Article is inadequate to properly drain a particular road, the Department of Permitting Services may require any additional right-of-way or storm drain easement necessary for proper drainage. The Department must notify the permittee of any added right-of-way before a dedication plat is approved by the Planning Board (or equivalent body in any municipality with land use authority) and recorded in the County land records, and must notify the permittee of any added easement when it approves a right-of-way permit. (1) 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. (d) (1) If a lot or lots front on a public road, the permittee must construct sidewalks, master- planned bikeways, ramps, curbs, and gutters, except: (A) 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 area; (B) any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic; (C) 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; (D) any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement; or (E) any sidewalk or sidepath on a neighborhood street, neighborhood yield street, or service drive where the Department of Permitting Services finds that a sidewalk or sidepath is infeasible, will not connect to other sidewalk segments within the foreseeable future, or qualifies for fee payments in lieu of construction under Section 49-40; or (F) any sidewalk or master-planned bikeway where the Planning Board establishes criteria to accept a payment in lieu of a transportation improvement. (2) 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: (A) to an existing or planned sidewalk or bikeway; (B) to a bus or other public transit stop; (C) to an amenity or public facility that will be used by occupants of the site or subdivision; or (D) by persons with disabilities. Before the Planning Board approves any requirement under this paragraph, the Board must give the Departments of Permitting Services and Transportation a reasonable opportunity to comment on the proposed requirement. (e) The construction of half roads or any road of less than the width required by this Article is prohibited except as permitted in Section 49-40. Construction of such portions of roads is permitted if the dedicated portion of the road established by a dedication plat and recorded in the County land records before August 15, 1950 is wide enough to permit the grading and construction of paving 20 feet wide with curbs, gutters, and sidewalks required for the type of road. (f) A road must not be constructed unless it connects with an existing public road at one end. A road must not be constructed short of an intersection unless it connects with an existing public road or the dedication of the right-of-way ends short of an intersection. If any road construction ends at or goes through an intersection, the intersection must be completed. If a road ends at other than an intersection or a point of connection with an existing road, a turnaround such as a cul-de-sac must be provided. Each turnaround must be graded, paved, and include appropriate drainage structures and temporary curbs if required by the Department of Permitting Services. (g) If drainage structures are required for any particular class of road, the Planning Board must require the applicant to install or construct drainage structures that the Board finds are necessary or appropriate, after reviewing a preliminary drainage study approved by the Department of Transportation, in accordance with applicable design standards and specifications. (h) Driveway entrances to individual lots must be required if the Planning Board finds that off- street parking facilities are necessary and practicable. (i) Street trees. (1) 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. (2) 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. (j) Ground cover. (1) A property owner may plant and maintain ground cover in a public right-of-way adjacent to the owner’s property if the owner: (A) complies with County regulations; (B) maintains the ground cover to prevent any obstruction of the public right-of- way prohibited under Section 49-10; and (C) holds the County harmless for any damage to the ground cover, and any damage or injury caused by the ground cover. However, ground cover in a public right-of-way adjacent to the owner’s property must not be planted where it will reduce public safety or impede travel. (2) 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. (3) The County Executive must adopt Method (3) regulations that define the design and maintenance standards applicable to this Section. (4) 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. (k) Curbs and gutters. (1) A person must not install any curb or gutter in any portion of a road that is located in: (A) an environmentally sensitive watershed area, including a Class III, Class IV, or high-quality Class I watershed, as designated by the Maryland Department of the Environment; or (B) an area that the Department of Environmental Protection designates as environmentally sensitive, after giving the Department of Transportation and the Planning Board a reasonable opportunity to comment. (2) 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: (A) installing curbs and gutters will not significantly degrade water quality in the area; (B) curbs and gutters are necessary for vehicular or pedestrian safety or the proper grading or maintenance of the road, or to reduce the environmental impact of the road on any park, forest, or wetland; and (C) a preliminary subdivision plan or site plan approved by the Planning Board for the land abutting the portion of the road where curbs and gutters may be installed expressly permits the curbs and gutters to be installed, if either plan is required for the land in question.

(a) The County must not construct any road unless: (1) 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 (2) 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. (b) Nothing in this Article prohibits the County from constructing a road under a contract with a municipality or an agreement between the County and another government agency. (c) If a road is constructed as a “front foot assessment” project under Sections 49-51 to 49-61, the cost chargeable and assessed to the benefitted abutting properties must be all costs of construction, including costs of design and of acquiring land or any interest in land for right-of-way. (d) All costs in excess of the special benefit to the abutting property or otherwise waived in this Article must be borne by the County. (e) The County Executive may authorize the construction of sidepaths or sidewalks to serve general community needs. Whenever a sidewalk or sidepath is built in a right-of-way where there is no pavement or other road construction, building the sidewalk or sidepath does not mean that the County is responsible for maintaining any part of the right-of-way except the sidewalk or sidepath.

(a) (1) 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. (2) 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. (3) 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. (4) 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. (5) 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. (b) The Director must collect a fee, set by Method 3 regulation, for each right-of-way permit application. However, the Director must not collect a fee for any permit to: (1) remove or prune a tree that endangers a person or property; (2) remove a stump in the right-of-way; (3) plant a tree; or (4) install a sign identifying a geographic area in the right-of-way if: (A) the primary applicant is an unincorporated or non-profit civic or homeowners’ organization that is either: (i) listed on the Planning Board’s most recent list of civic and homeowners associations; or (ii) exempt from federal income taxes and shows that its annual revenue during its most recent fiscal year did not exceed an amount set by a regulation; (B) in a homeowners’ association, maintenance responsibility of all common areas has been transferred from the developer; and (C) the proposed sign would be smaller than a maximum size set by regulation. (c) Before an applicant begins any road, sidewalk, sidepath, bikeway, curb and gutter, driveway, retaining wall, steps, or drainage project, on a road or within the boundaries of a dedication to public use, the applicant for a permit to undertake any such project must pay to the County an inspection and engineering fee set by the County Executive by Method (3) regulation. (d) If any such project is solely a grading project, the applicant must pay an inspection and engineering fee to the County if Department staff does the engineering work on the project and an inspection fee if the applicant submits the engineering work. (e) Any violation of this Section is a Class A violation. (f) The Director must refund half the fees required by this Section to the applicant if a permit is rejected or withdrawn before construction begins. If an applicant proposes to undertake a project using materials, standards, or specifications superior to those required under this Article, the fees charged must be computed on the estimated cost of the project as if it met those requirements. (g) A person, including any utility corporation, must not cut within the right-of-way to install, replace, or maintain or connect any underground gas, electric power, or telephone line, or any other underground infrastructure, without a permit from the Director. The Director must supervise all backfilling and repaving of utility trenches to assure that the permittee complies with all applicable specifications. The permittee must restore the right-of-way to its prior condition. (h) An aggrieved person may file an appeal with the County Board of Appeals from a denial, suspension, or revocation of a permit issued under this Section within 10 days of the denial, suspension, or revocation.

Each permit issued under Section 49-35 must be subject to the following conditions: (a) Irrespective of the plans and specifications filed with the application, the actual construction must conform to law and to the requirements for a road of its class. (b) A permit is nontransferable. A permit becomes immediately invalid if any provision of the permit is violated. (c) The permit automatically expires 18 months after its issuance unless the Director specifies a shorter or longer term when issuing the permit or later approves an extension, stating the reasons for the extension. However, a permit to reconstruct, repair, or otherwise close a sidewalk is subject to the durational and other restrictions in Section 49-11. The Director must not approve an extension unless the bond filed with the permit by its term continues in full force and effect, a new bond is filed, or the applicant obtains the consent of the surety to the extension. (d) The permittee and the permittee's agents, employees, and subcontractors must comply with all approved plans, written requirements, and permit conditions that the Director specifies, either before or during the grading or construction, that the Director finds necessary to protect public safety or avoid unnecessary inconvenience to the public during the grading or construction. (e) Any authorized official or employee of the County must be able to inspect the construction work materials, plans, and specifications at all times. A permittee must notify the Department at least 48 hours before starting any construction for which the Department issued the permit. (f) The Director must not issue a permit for paving unless the Department has inspected and approved the grading. (g) For any proposed road construction the permittee must post a notice in a conspicuous place on each project site as near to a public road as practicable. The notice must take the form of a sign that the Department must furnish to the permittee when the Department issues the permit. The sign must state that the construction is authorized by the Department of Permitting Services under permit and must display the permit number. The permittee must post the sign continuously during construction of the work covered by the permit and until final inspection. A person must not remove the sign until the Department completes its final inspection. If any other person removes the sign or if the sign is damaged, lost, or destroyed, the permittee must replace the sign within 24 hours, excluding Saturdays and Sundays. The Department must issue new signs upon request to replace signs that are damaged, lost, or destroyed. A permittee who does not comply with this subsection has violated the permit. (h) The Director must not issue a permit for construction unless the right-of-way has been acquired by the County or dedicated to public use and the acquisition or dedication has been recorded in the County land records. (i) If the Director finds that a person has violated the conditions of any permit, the Director may order the permittee to stop construction and may revoke the permit. The refusal of any permittee to stop construction after receiving notice of a stop-work order is a separate violation of this Article. (j) An aggrieved person may file an appeal with the County Board of Appeals from the issuance of a stop-work order or the imposition of additional conditions under this Section. The appeal must be filed with the Board within 10 days after the stop-work order is issued or the additional conditions are imposed.

(a) Right-of-way permit required. The Department must not issue a building or related permit to an applicant for any demolition, clearing, pre-construction activity, construction, or development that is likely to result in the trimming, pruning, root-pruning, cutting, or removal of, or injury to, a roadside tree unless the applicant obtains a right-of-way permit from the Department under Section 49-35. (b) Applicability; exceptions. (1) A person may receive a right-of-way permit to perform tree work on a roadside tree if the person: (A) holds title to the land where the roadside tree is located; (B) owns property abutting the right-of-way at the point where the tree is located; (C) is a government agency that has an easement for the public right-of-way where the tree is located; (D) is responsible for providing tree care to the tree; (E) is a public utility; or (F) is an authorized agent of any of these. (2) The following activities are not subject to this Section (except subsection (f)) and do not require a right-of-way permit: (A) cutting or clearing a public utility right-of-way or land for an electric generating station licensed under Sections 7-204, 7-205, 7-207, or 7-208 of the Public Utilities Article of the Maryland Code, or any successor provision, if: (i) any required certificate of public convenience and necessity has been issued under Section 5-1603(f) of the Natural Resources Article of the Maryland Code or any successor provision; and (ii) the cutting or clearing is conducted in a way that minimizes the loss of forest; (B) routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements or to maintain, repair, replace, or upgrade any public utility transmission or distribution line; or (C) cutting or clearing a public utility right-of-way or land for a new transmission or distribution line. (3) (A) A licensed tree expert need not obtain a right-of-way permit for tree work performed on: (i) a tree that is uprooted or severely damaged because of a storm or vehicular collision; (ii) a tree branch that is broken and contacts a telephone, cable television, electric power, or other wire carrying electric current; or (iii) a tree or tree branch that a licensed tree expert finds immediately endangers a person or property. (B) A licensed tree expert who provides tree work under subparagraph (A) must, within one week after an action is taken, give the Department: (i) notice of the property address, if available, and general area where the action was taken; and (ii) a proposed plan to upgrade the work, if necessary, to the tree work standards in this Section and applicable regulations. The Department must approve, modify, or reject the proposed plan, after reviewing the actions taken, within 14 days after receiving the information. If the Department does not act on the proposed plan within 14 days, the plan is approved by default. The Department may require further information, and may extend this deadline once for an additional 15 days in extenuating circumstances. The Director also may extend this deadline at the request of the applicant. (c) Basis of permit. The Department may issue a right-of-way permit if the applicant shows that the proposed tree work is necessary to: (1) protect the health of the tree; (2) eliminate or reduce a hazard to property, public safety, or health; (3) improve or prevent a deteriorated tree condition; (4) improve the overall appearance of the right-of-way; or (5) carry out a development which has received all other applicable development approvals. (d) Tree protection plan. (1) 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. (2) 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. (3) 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. (e) Tree replacement. (1) Each permittee who removes a roadside tree in a County right-of-way must: (A) plant a tree from the recommended County tree list in a County right-of-way, at or near the location of the original tree, which is suitable to that location, unless the Director waives this requirement because: (i) compliance at the particular site would not be feasible; or (ii) the removed tree was already dead or posed a danger to persons or property; and (B) pay an amount into a Street Tree Planting Fund maintained by the Department of Transportation, unless the Director waives this requirement because the removed tree was already dead or posed a danger to persons or property, at a rate set under paragraphs (C) or (D) that will allow the Department of Transportation to plant 2 more suitable replacement trees, or 3 more replacement trees if the Director has waived the on-site planting requirement because compliance at the particular site would not be feasible, at suitable locations in the right-of-way of a public road in the County. (C) Except as provided under subparagraph (D), the rate to calculate the amount payable under subparagraph (B) equals $450 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years. (D) By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under subparagraph (B). (E) The Director must: (i) calculate an annual fee adjustment under subparagraph (C) to the nearest multiple of 5 cents; and (ii) publish an amount of a fee adjustment under subparagraphs (C) or (D) not later than May 1st of each odd numbered year. (2) The permittee must pay the required amount within 30 days after the Director notifies the permittee that the payment is required. (3) 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. (4) In locating, selecting, and planting trees under this subsection, the Department must: (A) give highest priority to those areas of the County, such as central business districts and other urban and suburban areas, that have relatively low tree canopy coverage; and (B) take every reasonable measure to avoid interference with utility transmission and distribution lines. (f) Roadside tree planting. (1) 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. (2) 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. (g) Enforcement. In addition to any other procedure or remedy allowed by law, the Director may issue a stop work order to prevent or correct any violation of this Section or any permit issued or plan approved under this Section. Sections 8-20 and 8-22 apply to any stop work order issued under this Section. (h) Regulations. The County Executive must adopt regulations under Method (2) to administer this Section that are at least as stringent as applicable state roadside tree care standards and requirements. These regulations may include: (1) criteria and procedures to issue, deny, modify, suspend, or revoke permits for work on roadside trees; (2) 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 (3) supplementary roadside tree planting requirements and specifications, and criteria and procedures needed to administer the Street Tree Planting Fund.

(a) (1) 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. (2) 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. (3) Any acceptable security must run to the County and specify that the permittee and all agents and employees must: (A) comply with all applicable terms, conditions, requirements, standards, and specifications of this Article and any other applicable law; (B) faithfully complete the work for which the permit is issued; and (C) indemnify the County from any expense incurred because of the failure of the permittee or any agent or employee to complete the work as required by this Article, and from any damages growing out of the negligence of the permittee or any agent or employee. (b) (1) (a) Instead of satisfying the requirements of subsection (a), a permittee may file an acceptable security approved by the County Attorney in an amount that the Director finds would assure appropriate stabilization of the ground surface of any proposed road project if: (A) the permittee is a developer or subdivider as defined in Section 50-1, and the Director may resolve any question as to the permittee's status in the Director's sole discretion; and (B) the permittee files in the County land records, subject to the approval of the County Attorney and the Director, a master deed or covenant delineating the entire subdivision and providing that no lot or parcel has been or may be sold or otherwise alienated until the road running between that lot or parcel and an existing public road is constructed, approved, and accepted by the County for maintenance, or until the County accepts an acceptable security assuring the completion of the subdivision streets and roads. This subparagraph does not prohibit the sale of all or a substantial portion of any subdivision to one or more other developers or subdividers. (2) 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: (A) the estimated cost of the work to be performed, in order to assure sufficient protection to the property on or adjacent to the subject subdivision from harm caused by storm water, sediment, or other factors resulting from grading, constructing or otherwise disturbing the right-of- way; and (B) the estimated cost of removing or repairing any hazardous condition resulting from the operation of the developer's or subdivider's equipment. (3) 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. (4) 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. (c) Before acceptance, each proposed security must be approved by the County Attorney. If a corporate bond is offered, it must be executed by a surety or guaranty company qualified to transact business in the state. If a cash bond is offered, it must be deposited with the Director of Finance, who must give an official receipt reciting that the cash bond has been deposited in compliance with, and subject to, this Section. Any accepted security may be released if the permittee and Director agree. Accepted securities may be released on a prorated basis, depending on the amount of completed and approved work. The Director must decide the amount to be retained by the County, but the amount retained must not be less than 15% of the total cost of the project until the Director finally accepts the project. (d) (1) 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. (2) 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. (3) 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. (4) 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. (5) If the Director finds a violation of an applicable law or regulation by an organization or entity issuing certificates of guarantee, the Director may revoke all permits of members of that organization or entity for which a certificate of guarantee has been posted. The Director may post stop-work orders wherever applicable until an appropriate security acceptable to the County is substituted for the certificates of guarantee. (e) The Executive may adopt regulations under method (2) to implement this section. The Director must recommend permit fees to include amounts that are necessary to cover any increased costs of administration of any programs in this section.

(a) The County Executive may specify by Executive order, published in the County Register, the terms and conditions on which any road may be acquired by the County or dedicated to public use. (b) Any action by the County to accept a road must be in writing and fully identify the portion accepted. Any accepted road must conform to this Chapter and all other applicable laws in force at the time of acceptance. (c) When the County accepts any road, it becomes a part of the County road system and thereafter must be maintained by the County at its expense.

(a) All permittees under this Article and their agents, contractors, and sub-contractors must comply with all applicable provisions of this Article. Until the County accepts a road constructed under this Article for maintenance, the permittees, their agents, contractors, and sub-contractors and the bond given under this Article remain liable for the faithful performance all requirements. (b) After completion and final inspection of a road, the County must either accept the road, if the Director of Permitting Services finds that its construction has met all requirements of this Article, and release the bond, or the Director must reject the road by written notice to the permittee and surety, where an acceptable security was posted, specifying the reasons for rejection by reference to the particular requirement which has been violated, and allow a specified reasonable time for the permittee or surety to comply with all applicable requirements. (c) If the permittee or surety does not, within the time specified, complete the construction as required, the Director must take any necessary action to cause the construction to comply with this Article. The permittee and surety are jointly liable for any expense incurred thereby. (d) If cash has been deposited under subsection 49-37(c) and a road is not accepted, the County may withhold any funds remaining in the cash deposit account until the permittee complies with this Article. If the permittee does not comply, the County may declare a forfeit of any amount need to bring the road into compliance.

(a) The Director of Permitting Services may waive any requirement of this Article for sidewalks, bikeways, rights-of-way widths, grade percentages, full-width grading, and the construction of both roadways of a dual road, or any combination of them, as allowed in this Section, for any road constructed by the County or a permittee. (b) The Director must apply the following standards for granting or denying waivers: (1) Sidewalks and Sidepaths. (A) Waiver authority. The Director, after consultation with the staff of the Planning Board, may waive any requirement, subject to (B), to install sidewalks or sidepaths if: (i) the lots abutting the right-of-way are unimproved; (ii) the street was lawfully graded before August 15, 1950, and the terrain is so steep and uneven that grading for sidewalks or sidepaths cannot be done except at excessive cost, or (iii) houses or buildings abutting the right-of-way which were constructed before August 15, 1950, are so situated, and the property upon which those houses or buildings are located is so graded, that the construction of sidewalks or sidepaths is undesirable. (B) Waivers not allowed. The Director must deny a waiver if: (i) the street involved is an Area Connector, Neighborhood Connector, Industrial Street, Downtown Street, Town Center Street, Downtown Boulevard, Town Center Boulevard, Boulevard, or Controlled Major Highway; or (ii) the required sidewalks or bikeways are necessary or desirable to provide safe access for pedestrians and/or bicyclists. (C) Waiver and fee payment. As an alternative to building a sidewalk or bikeway on an existing or proposed street, the Director must require an applicant to pay a fee if the applicant shows that building a sidewalk or bikeway as required would cause extreme hardship or if the Director finds that it would cause significant environmental impact. The sidewalk or bikeway that would be waived must not connect to another existing or proposed sidewalk, bikeway, bus stop, school, or other public facility. The fee must equal the full cost to build the sidewalk or bikeway, including the design and supervision costs. This fee must be paid, any necessary right-of-way must be dedicated, and any necessary perpetual easement must be recorded before the Director issues any road construction permit for the proposed public street. The revenue from these fees must be assigned to a capital account for sidewalk or bikeway construction and may be spent as appropriated by the County Council. (2) Right-of-way widths. The Director may waive or reduce any right-of-way width if: (A) the proposed right-of-way connects with an existing right-of-way of substandard width which was lawful when established, but the Director must not waive or reduce any part of the proposed right-of-way which is beyond a four-way intersection or any other logical point of widening; (B) the proposed right-of-way is the connecting link of a street and the right- of-way at each end is a substandard width which was lawful when established. (3) 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. (4) Full-width grading. The Director may waive or reduce any requirement for full- width grading if: (A) a grading permit was issued before August 15, 1950, all grading required by that permit was done, sidewalks are not required or are waived, further grading is not required to construct the pavement or curbs and gutters, and a majority of the lots abutting the proposed road have been developed; (B) the reduced width is needed to protect a specimen tree, significant stand of mature trees, or certain trees or other sensitive environmental features designated for preservation in an approved forest conservation plan or other regulatory approval; or (C) for a Neighborhood Street or Neighborhood Yield Street, the applicant proposes to extend an existing paved road which ends short of an intersection, the right-of-way containing the existing paved road is not graded to its full width and the waiver does not apply beyond the intersection. (5) Dual roads. The Director may allow the construction of only one roadway of a dual road if: (A) the applicant for a waiver does not own the property abutting the roadway for which the waiver is requested; (B) the abutting property is undeveloped; (C) the temporary use of two-way traffic on the single roadway to be constructed will not interfere with the flow of traffic so as to cause congestion; (D) each intersection will be constructed completely; and (E) the main drainage system will be constructed as a part of the roadway first constructed. (c) In addition to the other provisions of this section, any person may propose temporary or interim improvements to an existing public road by filing a written request for a waiver of any requirement of this Article. The County Executive may grant the request for a waiver in whole or in part when the Executive finds, by notice published in the County Register, that the application satisfies the following conditions: (1) 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. (2) 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. (3) An immediate, temporary improvement is necessary to provide safe vehicular access to residents presently residing on or near the road. (4) 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. (5) 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: (A) comply with all applicable terms, conditions, requirements, standards, and specifications of this Article; (B) faithfully complete the work for which the permit is issued; and (C) indemnity the County from any expense incurred through failure of the permittee or the permittee’s agents and employees, to complete the work as required by this Article or from any damages that result from the negligence of the permittee or the permittee’s agents or employees. (6) 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. (d) The County may make temporary or interim improvements to an existing public road without construction or reconstructing it, and thereby waive any requirements of this Article, if the County Executive finds, by notice published in the County Register, that: (1) 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; (2) an immediate, temporary improvement is necessary to provide safe vehicular access to nearby residents; (3) the road is a County public road, and no additional right-of-way is needed for the proposed improvement; and (4) waiving of any requirement of this Article will not impair public safety. (e) The County may make temporary or interim improvements to an existing County public road without constructing or reconstructing it, and thereby waive any requirements of this Article, if the County Executive finds, by notice published in the County Register, that: (1) the road improvements are needed to relieve hazardous or emergency conditions, or to protect the health and well-being of the community; (2) 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; (3) existing and projected traffic levels are appropriate to the construction standards proposed; (4) the road improvements are limited to surface treatments and minor drainage improvements; (5) the road improvements will reduce road maintenance expenses; (6) 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 (7) the proposed improvements and their estimated costs were expressly included in the County Executive's annual budget, and the Council appropriated all necessary funds. (f) The County Executive may waive any provision of this Article to respond to an unforeseen emergency or disaster, such as a flood, hurricane, or public health crisis, or to comply with Federal or State rules, regulations or recommendations issued to deal with any emergency or disaster; if the Executive: (1) 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 (2) promptly submits a copy of the order to the County Council.

Any violation of this Article is a Class A violation, except as expressly provided otherwise.

(a) The Director of Transportation must annually adopt a 3-year schedule for the reconstruction, rehabilitation, and resurfacing of sidewalks, streets, and roads that the County controls or maintains. That schedule must be based on: (1) expenditure schedules in the approved County Capital Improvements Program; (2) the evaluation of the Department of Transportation’s Pavement Management System; and (3) coordination and consultations with other government agencies and public utilities. (b) The 3-year schedule must be published in the County Register each January and shown on the County’s web site. The web site must be promptly updated to reflect changing information, and must include a street map displaying the location of street, road and sidewalk reconstruction, rehabilitation, and resurfacing work included in the adopted 3-year schedule. The Director must take all feasible steps to include on this map the location of construction work undertaken or planned by public utilities in County rights-of-way to the extent that each public utility makes this data available for County use. (c) The Director must send the schedule published in the County Register annually to: (1) the State Highway Administration; (2) each municipality in the County; (3) each public utility, and each cable communications franchisee, that operates in the County; (4) the Washington Suburban Sanitary Commission; (5) the County Planning Board; (6) civic, business, and community organizations active in the County; and (7) any other agency, organization, or person that would benefit from that information. (d) In adopting and implementing a 3-year schedule under subsection (a), the Director must take all feasible steps to coordinate the Department’s reconstruction, rehabilitation, and resurfacing activities with those of other government agencies, public utilities and cable communications providers, and any other entity permitted to reconstruct, rehabilitate, or resurface sidewalks, streets, or roads, to: (1) avoid conflicting or duplicative activities; and (2) minimize the time that any sidewalk, street, or road will be unavailable for unimpeded public use. (e) The Chief Administrative Officer, in conjunction with Washington Suburban Sanitary Commission, other public utilities, the State, and appropriate County municipalities, must develop an automated information sharing and mapping system covering planned construction projects in all public rights-of-way in the County. This system should be based on a standardized interagency geographic information data repository which enables geographic information system-based applications to access and view current information about all planned right-of-way construction and maintenance activities. The data and data applications should allow access to recently-completed, current, and planned projects, and should provide County, State, and utility staff with direct links to up-to-date information such as project location, scope, design plans, permit status, schedule, cost, moratorium status, and points of contact. (f) In coordinating its activities under this Section, the Department must collaborate with the applicable public utility, cable communications provider, or other entity to promote locating distribution facilities underground where feasible and prudent before resurfacing begins. (g) The adoption of a schedule under this Section does not limit the Department’s authority to respond to any emergency.