§ 159.112 TRAFFIC IMPACT STUDIES.
   (A)   The Planning Commission may require a traffic impact study prior to preliminary plat approval if the Planning Director or County Engineer recommend such a study for:
      (1)   A subdivision of 50 or more lots or dwelling units; or,
      (2)   A major subdivision with fewer than 50 lots or dwelling units if the Planning Director or the County Engineer recommends a traffic study based on:
         (a)   The site's proximity to a county road where traffic, geometric or safety concerns exist which may be worsened by the proposed subdivision or development; or
         (b)   The cumulative impact of successive subdivisions that result in 50 or more lots or dwelling units in adjacent subdivisions.
   (B)   A traffic impact study will not be required by the county if the Maryland State Highway Administration requires a Traffic Impact Study for the development based upon its impact on a state road.
   (C)   The applicant is responsible for preparing and providing the traffic impact study, and for all data collection efforts required, including peak period volume and turning movement counts. In addition, the applicant is responsible for ensuring that any submitted development plans meet the minimum county standards for geometric design. Traffic counts available from the MD State Highway Administration, other recent traffic impact studies performed for the county, and other available sources may be used to avoid the need to conduct traffic counts.
   (D)   The study shall be conducted only by a professional engineer with verifiable experience or training in traffic engineering.
   (E)   Prior to preparing a Traffic Impact Study, the applicant shall meet with the county to review and discuss the overall project, development activity in the area, other prior traffic impact studies (if applicable), and other critical points related to the satisfactory completion of the Study. The applicant, the engineer and the county must mutually agree upon the study limits, based on engineering judgment and an understanding of existing traffic conditions.
   (F)   Upon submission of a draft Study, the county may review the data sources, methods and findings, and provide written comments. The applicant shall incorporate necessary revisions and submit a final Study.
   (G)   Traffic Impact Studies for county roads and intersections shall be prepared using the procedures and standards required for state roads as published in the Maryland State Highway Access Manual, Appendix E, Guidelines for Traffic Impact Reports/Studies, or equivalent documents published by the State Highway Administration.
   (H)   Improvements to roads.
      (1)   Improvements that are found to be necessary based upon the results of the Traffic Impact Study shall be included on the preliminary and final plats and constructed by the applicant if the road is fronting on or within the proposed subdivision or development site. If the applicant owns property on only 1 side of the road, the applicant shall make road improvements as feasible within the available right-of-way.
      (2)   The Planning Commission, with a recommendations from the Director of Planning and Land Development and the County Roads Engineer, may require the applicant to construct the following off-site road improvements or pay the cost of such construction:
         (a)   If the subdivision has frontage on or any point of access to a public road, improvements to the public road extending up to 250 feet beyond the subdivision frontage or access point, or to the nearest intersection with another public road, whichever is less.
         (b)   If the subdivision has frontage only on private roads, improvements to the nearest intersecting public road, extending up to 250 feet beyond the intersection with the private road proving access to the subdivision.
         (c)   Such off-site road improvements may be required if the necessary rights-of-way exist or have been acquired by the developer or the county; and the off-site improvements are necessary to make the required improvements functional or to provide for safe traffic movements.
      (3)   Off-site improvements required of the applicant shall be proportional to the impact of the proposed subdivision or development on levels of traffic on the impacted county road. In lieu of making improvements, the county may require that the applicant contribute to the cost of a county capital project to make the necessary improvements.
(Res. 2010-5, passed 5-25-2010)