(a) Definitions. In this Section, the following terms have the meanings indicated.
Public includes pedestrians, bicyclists, and transit users.
Safe alternative path means an alternate sidewalk or sidepath that:
(A) is on the same side of the street as a temporary closure; and
(B) provides safe access and passage to pedestrians.
Temporary closure means a temporary obstruction, blockage, or occupation of a right-of-way under a permit issued by the Director of Permitting Services under this Section.
(b) Subject to subsections (c) and (d) of this Section, the Director of Permitting Services may issue a permit to:
(1) reconstruct or repair a sidewalk, sidepath, driveway, curb, or other structure;
(2) repair, locate, or replace underground utilities or infrastructure under a sidewalk or sidepath;
(3) install a temporary, removable obstruction or occupation of a right-of-way;
(4) close a curb lane, sidewalk, or sidepath in conjunction with the construction or reconstruction of an abutting structure;
(5) install permanent, nonstandard structures in the right-of-way that were approved by the Planning Board, the City of Rockville, or the City of Gaithersburg in a site plan as a site element of streetscape. Streetscape means street furnishings and fixtures used by the public in the right-of-way but does not include structures or improvements for private use. The permit applicant must execute a declaration of covenants that runs with the land on which the streetscape will be installed to perpetually maintain the permitted streetscape in a good and safe condition; return the right-of way to its condition before the permitted streetscape was installed if the nonstandard permitted streetscape is removed; and indemnify the County from any cost or liability associated with the construction, maintenance, use or removal of the nonstandard permitted streetscape; or
(6) install a private, non-commercial structure that is accessory to a residential use. The permittee must execute a maintenance and liability agreement that is approved by the Director of the Department of Permitting Services.
(c) Permits for temporary obstructions. If a permit under subsection (b)(1) involves a temporary closure located in a Central Business District planning policy area, a Bicycle-Pedestrian Priority Area, an area within ½ mile of a Purple Line Station, or an area within ½ mile of a Bus Rapid Transit Station Area, the Director may issue the permit only if:
(1) the permit has conditions necessary to:
(A) minimize inconvenience to the public;
(B) limit the duration of the temporary closure to the minimum time period necessary; and
(C) assure public safety in the work area;
(2) the Director of Transportation approves a temporary traffic control plan under subsection (g);
(3) the area subject to the temporary closure is not used for vehicle parking;
(4) the permittee has any franchise required under Section 49-20; and
(5) the duration of the temporary closure complies with subsection (d).
(d) Time limits for temporary closures without safe alternative paths. Except as provided in subsections (e) and (f):
(1) a temporary closure to reconstruct or repair a sidewalk or sidepath must not exceed 6 months without the provision of a safe alternative path; and
(2) any other temporary closure must not exceed 15 days without the provision of a safe alternative path.
(e) Extensions – in general. The Director may extend a time period under subsection (d), for a time period designated by the Director, if the Director finds that:
(1) (A) based on a certification submitted by a professional engineer, construction of a safe alternative path is not possible; or
(B) the street is closed; and
(2) the extension meets minimum requirements established under Method (2) regulations, including requirements that the permit must:
(A) limit the temporary closure to the minimum time necessary;
(B) be subject to regular review by the Director to determine whether the temporary closure without a safe alternative path remains necessary; and
(C) if the Director determines that the temporary closure without a safe alternative path is no longer necessary, require the permittee immediately to:
(i) provide a safe alternative path; or
(ii) terminate the temporary closure.
(f) Short extensions for hardship.
(1) The Director may grant one extension of a time period under subsection (d), for no more than 15 days, on a showing by the applicant of undue hardship involving significant difficulty or expense.
(2) The Executive must adopt regulations under Method (3) to specify the standards a permittee must meet to demonstrate undue hardship involving significant difficulty or expense.
(g) Temporary traffic control plan. A temporary traffic control plan under subsection (c) must meet standards established by the Executive under Method (2) regulations, including that:
(1) a professional engineer must certify for the applicant that the plan minimizes inconvenience to the public, provides necessary warnings, and includes safe and reasonable pedestrian alternatives in accordance with accepted engineering standards; and
(2) the permit and the traffic control plan must require signage during construction to inform pedestrians about the duration of the obstruction, the permit number, and the County contact telephone number to call.
(h) Public access to permit information. The Director of Permitting Services must publish on the Department’s website a copy of each application received and permit granted under this section. (Mont. Co. Code 1965, § 24-25; 1973 L.M.C., ch. 25, § 8; CY 1991 L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 15, § 1; 2016 L.M.C., ch. 34, § 1; 2020 L.M.C., ch. 8, §1; 2021 L.M.C., ch. 17, §1; 2022 L.M.C., ch. 31
, §1.)
Editor’s note—2020 L.M.C., ch. 8, § 2, states: Transition. The requirements of this Act must not apply to a permit application submitted to the County prior to the effective date of the Act. The requirements of this Act must apply to a permit application submitted to the County on or after the effective date of the Act.
2008 L.M.C., ch. 5, § 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.
See County Attorney Opinion dated 2/27/92 explaining that the Council cannot exercise its authority under the Regional District Act to amend the portion of the County Code governing road rights of way, because those provisions are not contained in the zoning ordinance.