§ 24-124. Adequate roads required.

(a)

Before any preliminary plan may be approved, the Planning Board shall find that:

(1)

There will be adequate access roads available to serve traffic which would be generated by the proposed subdivision, or there is a proposal for such roads on an adopted and approved master plan and construction scheduled with one hundred percent (100%) of the construction funds allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, and/or such roads are incorporated in a specific public facilities financing and implementation program as defined in Section 27-107.01(186.1); and

(2)

The traffic generated by the proposed subdivision will be accommodated on major intersections and major roadways within the established study area such that they will be functioning below the minimum peak-hour service levels adopted by the Planning Board in the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," as may be amended from time to time (hereinafter the "study area" refers to major intersections and major roadways as defined in the "Guidelines"); or

(3)

Roadway improvements or trip reduction programs fully funded by the subdivider or his heirs, successors, and assigns will alleviate the inadequacy as defined in the "Guidelines;" or

(4)

Roadway improvements fully funded by the subdivider and the County and/or the State government which will alleviate any inadequacy as defined in the "Guidelines," and which will provide surplus capacity, may be eligible for the establishment of a Surplus Capacity Reimbursement Procedure, as defined in the "Guidelines," provided:

(A)

The transportation facility improvements are identified in the Adopted County Capital Improvement Program or current State Consolidated Transportation Program, with an amount greater than zero percent (0%) but less than one hundred percent (100%) of the total cost to complete the improvements, and/or are incorporated in a specific public facilities financing and implementation program as defined in Section 27-107.01(186.1); and

(B)

The total cost estimates to complete the improvements have been approved by the Planning Board upon acceptance by the appropriate public agency; and

(C)

The necessary permits for construction of the transportation facility improvements have been issued by the appropriate public agency; and

(D)

The subdivider agrees to fund the difference between the total cost to complete the improvements and the amount allocated for the improvements by the County or State government in the Adopted CIP or current CTP; or

(5)

Roadway improvements participated in by the subdivider will alleviate any inadequacy as defined by the "Guidelines." Such participation shall be limited to improvements defined in paragraph (4), above, and with sufficient surplus capacity to adequately accommodate the subdivider's proposed traffic impact. The amount and timing of the subdivider's participation shall be determined by the Planning Board as defined in the "Guidelines;" or

(6)

Consideration of certain mitigating actions is appropriate as defined in the approved "Guidelines for Mitigation Actions," and as provided below:

(A)

Projected traffic service in the study area, which shall be based on existing traffic, traffic generated by other approved development, and growth in through traffic as defined in the "Guidelines," is calculated to be greater than the acceptable level of service; and

(B)

The provisions for adequate roads, as described in Subparagraph (a)(1), above, are not met.

(i)

Where projected traffic service is calculated to be greater than or equal to twenty-five percent (25%) above, the acceptable peak-hour service level threshold as defined in the "Guidelines," the Planning Board may require that any physical improvement or trip reduction programs participated in, or funded by, the subdivider or his heirs, successors, and assigns shall fully abate the impact of all traffic generated by the proposed subdivision in the study area. Following the development of the proposed subdivision and implementation of the approved mitigation action, the total traffic service will be reduced to no higher than twenty-five percent (25%) above the acceptable peak-hour service level threshold as defined in the "Guidelines" (total traffic service shall be based on projected traffic and traffic generated by the proposed development); or

(ii)

Where projected traffic service is calculated to be greater than but less than twenty-five percent (25%) above the acceptable peak-hour service level threshold as defined in the "Guidelines," the Planning Board may require that any physical improvements or trip reduction programs fully funded by the subdivider or his heirs, successors, and assigns shall fully abate the impact of one hundred and fifty percent (150%) of all traffic generated by the proposed subdivision in the study area. Following the development of the proposed subdivision and implementation of the mitigation action, the total traffic service within the study area will be reduced to no lower than the acceptable peak-hour service level threshold defined in the "Guidelines"; or

(C)

Where existing traffic service in the service area is at the acceptable peak-hour service level threshold or better, as defined in the "Guidelines," and if the total traffic service in the study area is no greater than ten percent (10%) above the acceptable peak-hour service level threshold as defined in the "Guidelines" and the proposed subdivision generates less than twenty-five (25) A.M. or P.M. peak-hour trips, the Planning Board may require that the subdivider or his heirs, successors, and assigns shall be responsible for the pro rata cost of the physical improvements necessary to alleviate the inadequacy as defined in the "Guidelines."

(D)

Planning Board action on a mitigation action may be appealed to the District Council by the applicant or by any party of record. The appeal shall be filed with the Clerk of the Council within thirty (30) days following notice of action on the mitigation proposal by the Planning Board to all parties of record. The Planning Board shall give notice of its action by sending a copy to each party of record by first-class mail, postage prepaid. The appeal shall be based upon the record as made before the Planning Board and shall set forth the reasons for the appeal. In deciding an appeal of a mitigation action, the Council shall exercise original jurisdiction. For any such appeal, the Council may, based on the record, approve, approve with conditions, remand, or deny the mitigation action; or

(7)

There is a proposal for such roads on a plan being considered by the United States Department of Transportation and/or Federal Highway Administration, and which is funded for construction within the next ten years. The Planning Board may condition the approval of the subdivision on a construction schedule that minimizes any inadequacy; or

(8)

Roadway improvements or trip reduction programs participated in or funded by the subdivider will alleviate any inadequacy as defined by the "Guidelines," provided that the property is located within an area for which a road club was established prior to November 16, 1993, to provide for the participation by multiple developers in the funding and construction of road improvements based on the identified impact of the developments.

(b)

The Surplus Capacity Reimbursement Procedure shall be adopted by the Planning Board by resolution, at a regularly scheduled public meeting. Any transportation facility improvements that qualify for a Surplus Capacity Reimbursement Procedure are eligible for pro rata share contributions from all subsequent subdividers which the Planning Board determines will need the available surplus capacity to meet the requirements of this Section. The pro rata share contributions shall be indexed to account for changes in the estimated cost to complete the roadway improvements, using a cost index acceptable to the appropriate public agency. Within fifteen (15) calendar days after adoption of a Surplus Capacity Reimbursement Procedure, the Planning Board or its designee shall transmit to the County its adopted resolution and findings as to the portion of the total Surplus Capacity Reimbursement improvements cost which qualifies for prorated share contributions. Copies of the Planning Board resolution and the minutes of the Planning Board hearing shall be available for public inspection. Once the Planning Board determines that surplus capacity created by the Surplus Capacity Reimbursement improvements does not exist, the improvements no longer qualify for pro rata share contributions from subsequent subdividers. The Planning Board shall then transmit to the County a resolution closing the Surplus Capacity Reimbursement.

(CB-48-1981; CB-100-1989; CB-60-1993; CB-62-1993; CB-77-1996; CB-45-1997; CB-68-2000; CB-25-2008; CB-104-2012; CB-22-2015)

Editor's note— CR-33-2011, adopted by the County Council on July 12, 2011, provides that, except for applications located entirely within a Commercial, Industrial, or Employment and Institutional Area ("E-I-A") Zone, or a combination thereof, the Brandywine Road Club is hereby immediately suspended for any applicant as a means of satisfying the requirements of Section 24-124 of the Prince George's County Code.

On October 25, 2011, the Council adopted CR-61-2011 clarifying exemptions from the suspension of the Brandywine Road Club for development projects located entirely within mixed use zones, to include the M-X-T, M-X-C, M-U-TC, M-U-I, R-P-C, L-A-C, M-A-C, V-L, V-M, and U-C (1-4) Zones.