EXECUTIVE SUMMARY

MAYOR AND BOARD OF ALDERMEN

DEPARTMENT OF PLANNING & COMMUnity DEVELOPMENT

Date SUBMITTED:                         September 29, 2006         

DATE OF WORKSHOP SESSION:  october 4, 2006

date of public MEETING:        N/A

 

To:                 MAYOR & Board of ALDERMEN

From:           Chuck Boyd, Deputy Director for Planning

RE:                  Adequate Public Facilities Ordinance (APFO)

 

 

PURPOSE:     This is a continuation of the discussion of the APFO.  At this workshop, staff will present discussion on the transportation aspect of an APFO.

 

HISTORY:  This workshop is a follow up to the 7/19/06, 8/2/06, 8/9/06, 8/23/06, 8/30/06 and 9/20/06 workshops.  These workshops were intended to provide the Mayor & Board of Aldermen background information about two different APFO models.  Listed below is a summation of the previous workshops:

 

At the 7/19/06 workshop, staff presented basic information on what is an APFO, the facilities that can be associated with an APFO and the City’s history with the APFO.

 

At the 8/2/06 workshop, Mayor Jones & Rick Stup presented information concerning Brunswick’s APFO.  This model is based on Frederick County’s APFO.

 

At the 8/9/06 workshop, Jeff Bronow presented information on Howard County’s APFO.  This APFO incorporates an allocation system with sub regions.

 

At the 8/23/06 workshop, staff presented the Mayor & Board of the components of an allocation system including: sub regions, special allocations and development projections.

 

At the 8/30/06 workshop, Ray Barnes from the FCPS presented information on CIP process, School Construction Process and State Rate Capacity.

 

At the 9/20/06 workshop, staff presented information on how an allocation system could work.  Staff presented a detail explanation of how a 600 unit allocation would be distributed over a 4 year period. 

 

Staff believes that an allocation process would work well for the City of Frederick; the process of an allocation system is not new to the City of Frederick.   The City of Frederick’s Water Allocation Ordinance has been in place since 2002.  An allocation system gives a predictable method of determining the future growth of a municipality. 

 

 

 

 

 

 

 

 

DISCUSSION: 

 

The purpose of this meeting is to discuss the roads component of an APFO.   The roads component is one of the most common elements in an APFO.  When Brunswick was here on 8/2/06, Rick Stup presented information on all elements on their APFO.  Brunswick’s APFO was modeled on the County’s ordinance.  Rick did mention that Brunswick’s road is complicated by the fact they have several state roads running through their town.  In Section 2.2 (A) (2), Brunswick’s APFO states:

 

All primary and interstate highways shall be exempt from the requirements herein.

 

This language is fairly common in APFO’s.

 

The City of Frederick may have the same issue in limited areas as Brunswick.  The City has the following highways to contend with:

 

I70

US 15

US 40

MD 26

MD 351

MD 180

 

The roads section of an APFO can be broken down into the following components:

 

1)      Threshold – Does this development requirement an APFO test?

2)      Scoping Meeting – What roads / intersections will be study?

3)      Traffic Study – Gathering of data

4)      Level of Service Test – Does this development pass the LOS?

5)      Mitigation Measures – What needs to be done to correct the deficiencies?

a.       Improve deficiencies

b.      Escrow account

c.       Project on hold

 

 

Department of Permitting & Development Review are here to discuss the County APFO for roads and answer questions.


 

Another option to consider is an impact fee for all new units based upon the failing intersections / road segments.  This method would assume the following:

 

1)      Intersections / road segments have been defined as failing

2)      Estimates have been completed to bring the intersection up to standards

3)      Intersections / road segments are in the City’s CIP

4)      Only local roads would be the responsibility of the developer

 

The impact fee approach would put a lot of the responsibilities on the City.  The City would have to update the intersections / road segments that need improvements.  Make sure those improvements are in the CIP.  Then recalculate the impact fee based upon the new projects added and any projects that have been completed.  

 

Impact fees have the advantage of being tied to a group of projects, where the money could be spent on one of several projects.  Escrow accounts are site specific.  If a developer is required to place money in escrow to improve Intersection X, then those funds could not be used to intersection Y.

 

Again with an escrow account or an impact fee, the local jurisdiction must be committed to complete the projects.  Most ordinances have a clause that if funds are not used within a set period of time, then the funds would be returned.

 

As always staff is here to answer questions that the Mayor & Board of Aldermen may have on this issue.

 

RECOMMENDATION:  Staff has no recommendations at this time. 

 

BACKUP INCLUDED:          Brunswick’s Roads APFO

           

           

REVIEWED BY DEPARTMENT HEAD:    Charles W. Boyd 

 

CONCURRENCE BY:

                                                               Date                                                                       Date

FINANCE                          ________ _______        LEGAL       ________       ________

 

CITIZEN SERVICES                   ________ _______        FPD             ________       ________

 

DEPT. PUBLIC WORKS   ________           _______        PLANNING  ________       ________

 

ENGINEERING                 ________            _______        CIP              ________       ________

 

 

 

 

 

 

 

 

 

 

 

 


Brunswick Roads Tests

 

 

ARTICLE 2:   ROADS

 

2.1              Thresholds:

 

A.                Except where an APFO escrow account (Section 1.12D) has already been established, this article exempts developments which generate or are expected to generate less than one hundred (100) total vehicle trips during the highest daily peak hour of the adjacent street traffic, as defined by the most recent edition of the Institute of Transportation Engineers (ITE) “Trip Generation Manual”, for the use category determined by the Zoning Administrator.  Said trips are driveway volumes in and out and may be a combination of “new” trips and “intercept” trips.

 

B.                 In determining whether or not a total of one hundred (100) peak hour vehicle trips will be generated during the peak hour of the adjacent street traffic, all land at one location within the City under common ownership or control by a developer shall be included.  The phrase “at one location” means all adjacent land of the developer, the property lines of which are contiguous or nearly contiguous at any point.  A developer shall not avoid the intent of this section by submitting piecemeal applications for preliminary plats or site plans.  A developer may seek approval of only a portion of a subdivision or development which generates less trips than the criteria, provided that upon seeking approval of the remaining subdivision or development which generates trips greater than the criteria, including that approved previously under this subsection, the development will comply with the requirements of this section.

 

2.2              Determination of Adequacy:

 

A.                For all development applications meeting the threshold criteria outlined in Section 2.1, a Traffic Impact Study (TIS) shall be prepared by the developer and submitted to the City Planning and Zoning Department which will review it along with the City Engineer.  The portion of existing road(s) required to be adequate shall be determined by the City Planner in consultation with the City Engineer based on a pre-study conference or documented correspondence between the County, the City, and the developer.  The City Engineer shall use as guidelines the criteria set forth in (1) and (2) below, but may, in consultation with the developer, adopt a reasonable study area based on sound traffic engineering knowledge of the site and the situation.  Any disputes regarding study area or scope shall be resolved by the Planning Commission.

 

1.      The portion of the existing road(s) required to be adequate for a proposed development shall be from the site’s planned entrance(s) to the nearest intersection of an arterial road or freeway/expressway with an arterial road, in the directions of traffic flow anticipated by the City Engineer unless the pre-study conference determines otherwise.

2.      All primary and interstate highways shall be exempt from the requirements herein.

 

B.                 The TIS shall be prepared for the design hours, which are defined as the peak hours which will be most affected by the proposed development, i.e., any combination of morning, afternoon, evening, or weekend hours as determined via the pre-study agreement.  The TIS will include, but not be limited to:

 

1.      A written description of the site boundaries and characteristics which the study has been based upon, including, but not limited to, development size, land usage, and proposed parking, a graphical depiction of the site location, and, where helpful, a graphical summarization of any unique site-plan characteristics;

 

2.      Existing conditions including existing traffic volumes recorded during specific times, for example, when school is in session (unless in the opinion of the planning staff or the Department of Public Works significant circumstances preclude this), existing lane usage, existing levels of service (LOS), and a thorough study area descriptive narrative of the physical roadway conditions, including all controls, constraints, and deficiencies;

 

3.      Vehicle trip generation and design hour volumes generated by the proposed development and traffic expected to be generated by approved development in the study areas as determined by the Zoning Administrator.  For minor commercial/industrial subdivisions the developer shall have the option to specify particular uses for traffic analysis, to use the highest traffic generating use, or limit the property usage to a traffic level below the APFO threshold.  Such restrictions shall be noted on the plat.  The latest edition of the ITE “Trip Generation Manual” is to be used unless specifically applicable rates (county comparables, individual generator studies, etc.) are identified and accepted by the City Engineer.  Approved background development traffic impacts will be prorated to coincide with the length of time for which APFO approval is requested for the proposed project in proportion to the approved background projects;

 

4.      Trip distribution and traffic assignment based upon sound planning judgment of the future conditions;

 

5.      Growth in through-traffic as determined from historical data or other planning factors affecting future traffic volumes (growth rates will be applied only to the “through” trips at the intersection);

 

6.      LOS capacity analysis of all required intersections and links (where necessary) for existing conditions, and all intermediate and ultimate future conditions with and without the proposed development;

 

7.      In cases where traffic safety is identified as an issue at the pre-study conference, reported traffic accidents for the last five years;

 

8.      Roadway and bridge improvements programmed or currently funded for construction in the most recent City or County Capital Budget or second year of CIP;

 

9.      Improvements funded in the current or second budget year of the Maryland Department of Transportation (MDOT) Consolidated Transportation Program; and

 

10.  Any other information that may reasonably be required by the City Planning and Zoning Department to effectively evaluate the road network or application.

 

C.                 All traffic studies shall use the Critical Lane Method (CLM) of analysis at intersections and when required the Highway Capacity Manual (HCM) for roadway links capacity at peak hour traffic flow.  Additionally, at signalized intersections, the HCM method must also be employed.  The developer is responsible for confirming and using the existing signal timings when analyzing existing conditions.  A technical description of the CLM is given in the January 1971 issue of Traffic Engineering, and staff will have available copies.  The following specific treatments will e applied to the CLM analysis:

 

1.      All non-signalized intersections will e modeled as simple two-phased operations, i.e., run N-S together, and then E-W together.

 

2.      The following lane use factors (LUF) will be used:

 

NUMBER OF APPROACH LANES                                LUF

 

1                                                                                                                                            1.00

2                                                                                                                                            0.55 (through lanes)

0.60 (turn lanes)

3                                                                                                                                            0.40 (through lanes)

0.45 (turn lanes)

                              >4                                                                       0.30

 

3.      “Free right turns” (which are not analyzed in the CLM) are defined as movements typically isolated by channelization and controlled by a yield sign.  Only if the right-turning vehicles are isolated from the queue of through vehicles on the approach leg, and there is sufficient exclusive acceleration opportunity on the turn leg, can they be excluded from the analysis.

 

4.      Right-turn-on-red (RTOR) “credits” generally will not be allowed unless it can be demonstrated/documented that RTORs are occurring at the intersection; even then, only low-volume intersections will be considered as candidate intersections.

 

5.      Where no separate left turn lanes occur at high volume intersections, the left-most approach lane should be assumed to handle all the lefts, with the other lanes carrying the through traffic and rights, etc.  Actual observations/documentation of other conditions will be reviewed on a case-by-case basis.

 

6.      On one-lane approaches where a bypass of left-turning vehicles exists, a separate left turn lane can be assumed.  Otherwise, the volumes should be combined.

 

 

 

 

7.      The following CLM LOS criteria shall be used:

 

CRITICAL LANE VOLUME                                   LOS GRADES

 

                <977                                                                        A

              978-1022                                                                   A/B

1023-1127                                                                                                                                    B

1128-1172                                                                                                                                    B/C

1173-1277                                                                                                                                    C

1278-1322                                                                                                                                    C/D

1323-1427                                                                                                                                    D

1428-1472                                                                                                                                    D/E

1473-1577                                                                                                                                    E

1578-1622                                                                                                                                    E/F

    >1623                                                                      F

 

8.      Passby/intercept trips may be assumed when the tested street traffic volume is greater than 10,000 Average Daily Traffic (ADT).  Otherwise, all trips must be modeled as “new” trips.  Unless otherwise supported by first-hand data the maximum allowable credits for primary “passby/intercept” trips for a particular land use shall be as follows:*

 

Sit-Down Restaurant                                                              30%

Fast Food Restaurant                                                              60%

Day-Care (on collector or arterial street)                                20%

Day-Care (in a PUD)                                                              **

Service Station                                                                        60%

Convenience Store                                                                  60%

Retail less than 40,000 square feet (S.F.)                               50%

Retail 40,000 S.F. or greater but less than 100,000 S.F.        35%

Retail 100,000 S.F. or greater                                                 25%

 

*Secondary and diverted trips from parallel networks shall not be considered.

**80% of trips assumed to originate within the PUD; 20% assigned to outside the PUD.

 

9.      Where a project is testing a state highway and the specific factors of Subsection C are different from those used by the State Highway Administration (SHA), then the SHA factors shall be used.

 

D.                The following LOS criteria shall be met to determine road adequacy:

 

1.      Roads and intersections shall be considered adequate if a LOS “D” or better is maintained using the CLM.  Further, for signalized intersections only, which are also required to be analyzed using the HCM method, the overall intersection LOS must be “D” or better to be considered adequate.  Required mitigations, if any, will be reviewed on a case-by-case basis.

2.      Roadway links when required by staff and, based on sound traffic engineering principles, shall be determined to be acceptable if actual capacity does not exceed 80% of rated capacity.  ADT counts will be required by staff at both link-ends when mid-block intersections are present.

 

E.                 If a future condition is determined to be inadequate to accommodate the traffic flow projected by the TIS, the preliminary plat or site plan approval shall be denied, except as provided for in Section 1.10.

 

F.                  Road improvements necessary to meet the standards herein shall be determined by the Planning Commission after reviewing the entire record including TIS, road volume capacity, structural adequacy of the pavement, alignment, sight distance, structural conditions, design, lane width, and SHA comments.  Improvements may be provided by the developer as prescribed in Section 1.11.

 

G.                Upon completion of construction of APFO road improvements for a development, the APFO road approval shall be vested for the capacity created by the improvements and shall not be subject to further APFO roadway testing unless the density or intensity of the development increases.