In this Chapter, except where specified otherwise, the following words and phrases have the meanings indicated:
Bikeway: any area expressly intended for bicycle travel, including any:
(a) Shared use path: A paved path that abuts, is contiguous with, and is a part of the right-of-way for a County road or street, that is typically 10 feet wide but can vary between 8 feet and 14 feet wide, designated for bicycles and pedestrians, that is separated from motorized traffic by a curb, barrier, or landscape panel.
(b) Shared use trail: A paved or unpaved trail designated for bicycles and pedestrians, that is not part of the right-of-way for a County road or street because the trail does not abut and lie contiguous with the right of way for a County road or street.
(c) Bike lane: A portion of a roadway designated by striping, signing, or pavement markings for the preferential or exclusive use of bicycles, and on which through-travel by motor vehicles is not allowed.
(d) Shared use roadway: 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) Separated bike lane, also known as a protected bike lane or cycle track: a bikeway that is physically separated from motor vehicles and pedestrian facilities. The separation may be vertical, such as a curb; horizontal, such as a landscape panel or parking lane; or a combination. A separated bike lane may be in a one-way or two-way configuration.
(f) Buffered bike lane: a bikeway separated from a motor vehicle travel lane with an area of striped pavement.
Complete streets: streets that are planned, designed, and constructed to enable safe access for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities, commercial vehicles, freight haulers, and emergency service vehicles.
Complete streets infrastructure: any design feature that contributes to a safe, convenient, and comfortable travel experience, which may include such features as sidewalks; shared use paths, bike lanes, and separated bike lanes; bike stations and bike storage facilities; narrow motor vehicle lanes and tight curb radii; street trees, planting strips, and other right-of-way landscaping; curbs and accessible curb ramps; curb extensions, crosswalks, and refuge islands; raised medians; pedestrian and traffic signals, including countdown and accessible signals; signage; streetlighting; street furniture; bicycle parking facilities; stormwater management; public transportation stops and shelters; dedicated transit lanes; and traffic calming devices.
Construction and constructed include “reconstruction” and “reconstructed” but not “maintenance,” and include grading, installation of drainage structures, paving, curbs and gutters, curb returns, sidewalks, bikeways, driveway entrances, guardrails, retaining walls, sodding, and planting.
Curb extension: an area that extends the line of a curb into a parking lane, reducing the width of a street.
Curbside Width: the area beyond each curb necessary for sidewalks, shared use paths, street trees and other landscaping, streetlights, utilities, and other elements.
Dedication plat: 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: 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: The Director of Transportation or the Director of Permitting Services, as specified, and each Director's designee.
Drainage structure: 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: Any road in which the travel directions are separated by a median.
Forest conservation plan: A plan for the retention, afforestation, or reforestation of forest and trees approved under Chapter 22A. Ground cover: Low-maintenance, non-invasive, leafy, grassy, or woody vegetation that covers and holds soil.
Maximum target speed: 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.
Pedestrian walkway: Any sidewalk, and any other land, way, or path designated by appropriate signs for a pedestrian route.
Private Road: Any street, highway, avenue, lane, alley, or viaduct, or any segment of any of them, including any pedestrian walkway adjacent to the private road that has not been deeded, dedicated or otherwise permanently appropriated to the public for public use.
Reconstruct and reconstruction include any change in the width of a road - that is, the width of the pavement or the area between curbs - but do not include resurfacing a road without any change in its width.
Road: Any road, street, highway, avenue, lane, alley, bridge, shared use path, sidewalk, viaduct, or any segment of any of them, and any related storm drain and stormwater management facility.
Sidewalk: any portion of the right-of-way for a County road or street that is expressly intended as a pedestrian walkway.
Specimen tree: 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.
Street tree: 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: The division or partition of a lot, tract or parcel of land into 2 or more lots, plots, sites, tracts, parcels, or other divisions for immediate or future rental, sale, or building development. Subdivision includes a resubdivision, but not a division or partition of land for agricultural purposes.
Transitway: a right-of-way for use exclusively by public transit vehicles. (Mont. Co. Code 1965, § 103-9; 1973 L.M.C., ch. 25, § 8; 1974 L.M.C., ch. 35, § 1; 1992 L.M.C., ch. 5, § 1; 1996 L.M.C., ch. 4, § 1; , § 1; , § 1; , § 1;
2014 L.M.C., ch. 37, § 1
; , § 1; , § 1.) Editor's note—, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
2014 L.M.C., ch. 37, § 2, states: The County Executive must transmit to the Council, by June 1, 2016, a regulation adopted under Method 2 that contains comprehensive complete streets guidelines. Once adopted, this regulation must replace the standards in Section 49-32(g), (h) and (i). Any revised road design and construction standards in Chapter 49, as amended in Section 1 of this Act, do not apply to any road construction project that is in final design or construction when this Act takes effect.
Section
49-26, formerly Section 49-31, was renumbered, amended, and retitled pursuant to 2007, ch. 8
, § 1. Former Section 49-26 was renumbered Section 49-3 pursuant to 2007, ch. 8
, § 1. The above section [formerly § 103-9] is cited in Mayor of Rockville v. Geeraert, 261 Md. 709, 276 A.2d 642 (1971). 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).