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DISTRICT DEPARTMENT OF TRANSPORTATION
NOTICE OF FINAL RULEMAKING
The Director of the District Department of Transportation (“Department”), pursuant to the authority set forth in Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works (DPW) under Section III (F) of Reorganization Plan No. 4 of 1983 to the Department) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), and 50-921.05(b) (2012 Repl.)), and Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.01 et seq. (2012 Repl.)), which was delegated to the Director of DPW pursuant to Mayor’s Order 96-175, dated December 9, 1996, and subsequently transferred to the Director of the Department in Section 7 of the DDOT Establishment Act (transferring to the Director of the Department all transportation-related authority previously delegated to the Director of the Department of Public Works) (D.C. Official Code § 50-921.06 (2012 Repl.)), hereby gives notice of the adoption of the following amendments to Chapter 12 (Sidewalks) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).
These rules establish the Department’s policies and procedures to obtain a public space permit for a lay-by within the public right-of-way and adjacent to the public roadway and provides a process by which the Department may cancel a permit for an existing lay-by.
Notice of Proposed Rulemaking was published in the D.C. Register on July 12, 2013 at 60 DCR 10140. Comments were received from one commentator. A concern was raised that lay-by permits would be restricted to only commercial properties, but all of the exceptions provided in the comment satisfied the definition of commercial property provided in this rulemaking. The commentator suggested that the minimum sidewalk width adjacent to a lay-by should take into consideration the minimum sidewalk width allowed on a block, but the ten foot width is a minimum, based on a minimum six foot pedestrian path plus room for an open vehicle door and loading/unloading activity. The commentator also objected to the three foot width limit for a layby located where a parking lane already exists. DDOT limited the lay-by width to three feet in addition to the existing parking lane width for safety reasons, including providing unobstructed line of site for drivers exiting the lay-by and discouraging double parking at the lay-by while allowing adequate pedestrian movement space on the traffic side of the vehicle. Another concern was raised with the expiration of a lay-by permit due to the substantial rehabilitation of the adjacent building, as the need for the lay-by may continue, but DDOT believes that the need for the lay-by should be re-evaluated whenever there is a potential for a change in the use of the adjacent building. A concern was raised regarding the need to apply for a lay-by permit if a lay-by was constructed without a permit. DDOT recognizes the challenge associated with this requirement, but believes that the approval of a permit application submitted for an unpermitted lay-by meeting the requirements of this section should not be a problem. Additionally, a concern was raised regarding the Director’s authority to determine that a lay-by should be removed to allow for the relocation of a bus stop or for another purpose benefitting the District. This provision simply states that the Director can make the determination to remove a lay-by and the provisions of this rulemaking provide ample criteria for the Director to make such a determination. Finally, the concern was raised that the rulemaking provides no process for deviation from the regulations, but DDOT believes that the permit application process provides ample opportunity for the applicant to submit documentation supporting any proposal to construct a lay-by. Other than correcting a numbering error in § 1201.11, no changes were made to the text of the proposed rules.
DDOT adopted the rules as final on December 13, 2013. The rules will go into effect upon the date of publication of this Notice of Final Rulemaking in the D.C. Register.
Title 24, PUBLIC SPACE AND SAFETY, Chapter 12, SIDEWALKS, of the DCMR is amended as follows:
A new Section 1201 is added to read as follows:
1201 LAY-BYS: GENERAL PROVISIONS
1201.1 The District Department of Transportation (DDOT) shall approve a public space permit for a lay-by only when there is no parking lane and other options to safely pick up and drop off passengers are shown to be infeasible or impractical.
1201.2 In addition, a lay-by shall be approved only if:
(a) The property to be served by the lay-by is a commercial property, such as a hotel or hospital having a high demand for passenger pick-up and drop-off space at the building entrance; and
(b) An unobstructed, continuous pedestrian pathway of no less than ten feet (10 ft.) wide can be maintained on the public sidewalk adjacent to the proposed lay-by.
1201.3 No person shall construct a lay-by in public space:
(a) Without first obtaining a public space permit from the Director;
(b) For the purpose of parking motor vehicles; provided, motor vehicles may park temporarily in an approved lay-by in order to drop off or pick up passengers; or
(c) For the purpose of creating a commercial loading zone.
1201.4 A person shall apply for a public space permit for a lay-by by completing an application as provided by the Director. The following documentation shall accompany the application:
(a) A site plan showing the proposed lay-by that is drawn to scale per the latest site plan drawing requirements provided by the Director;
(b) A description of the existing or projected passenger pick-up and drop-off demand at the property and the specific right-of-way conditions on the street that warrant the construction of a permanent lay-by and why other options to safely pick-up and drop-off passengers, including private space or a curbside location in an adjacent parking lane, are infeasible or impractical; and
(c) Additional documentation as may be requested by the Director, such as a traffic impact study and photographs or illustrations showing the area intended for the proposed lay-by.
1201.5 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the lay-by shall be no more than ten feet (10 ft.) wide.
1201.6 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the combined width of the lay-by lane and the adjacent travel lane shall be no less than nineteen feet (19 ft.).
1201.7 When a lay-by must be located adjacent to a parking lane to accommodate wider vehicles or to allow additional pedestrian maneuvering space on the traffic side of the vehicle, the lay-by shall be no more than three feet (3 ft.) wide.
1201.8 When there is a privately funded streetscape project following the construction of a new building or the substantial rehabilitation of an existing building, the public space permit for any existing lay-by adjacent to the property shall expire. If the property owner desires a new lay-by, a request for a lay-by must be included as part of the public space permit application to perform the privately funded streetscape restoration project.
1201.9 If a person constructs a lay-by in public space without a permit, the person, at his or her own expense, shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.
1201.10 When the Director determines that a lay-by should be removed to allow the public space to be used for another purpose which benefits the District, such as for a bus stop, the Director shall revoke the permit for a lay-by in public space and the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.
1201.11 Notwithstanding § 1201.10, if the lay-by is to be removed as part of a DDOT street reconstruction project, the Department may itself remove the lay-by and restore the public space instead of requiring the person who constructed the lay-by to remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.
1201.12 If a lay-by that existed prior to the final publication of these rules was constructed without a public space permit, the person who constructed the lay-by shall apply for a public space permit under this section by October 1, 2014. If the permit is not approved, the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.
Section 1299, DEFINITIONS, is amended by inserting the following new definitions in alphabetical order:
Commercial property – all taxable real property other than vacant land zoned for residential use, residential garages, and any improved property used primarily for residential dwelling purposes, including detached dwellings, semi-detached dwellings, row dwellings, flats, residential condominiums, cooperatives, and apartments.
Director – the Director of the District Department of Transportation.
Lay-by – a designated paved area located at the side of a main roadway and protruding beyond the gutter into the sidewalk area where vehicles can stop temporarily to pick-up or drop-off passengers.
Parking lane – the area of street, alongside the curb, where motor vehicles may lawfully park.
Pedestrian - a person traveling by foot or by wheelchair.
Substantial rehabilitation – the rehabilitation of an existing building when the estimated cost of the rehabilitation, as determined for the building permit, is fifty percent (50%) or more of the value of the building as shown in the records of the District of Columbia Office of Tax and Revenue.
Travel lane - a roadway lane for the movement of vehicles traveling from one destination to another.
