C.M.R. 17, 229, ch. 305, pt. 2
As used in this chapter unless the context indicates otherwise, the following terms have the following meanings.
Abutters. Any property that shares a property line with the Development Area or is directly across any roadway from the Development Area.
Alternative Design Proposal. A substitute development design offered by the Applicant in cases where the application of standard design requirements is unworkable due to distinct conditions of the development or will clearly work against the intent of these Rules. Such proposals may be considered and approved with or without conditions by the Department as a Variance.
Applicant. The person or entity filing the application for a TMP. The terms "Applicant" and "Developer" may be used interchangeably, only if the Developer has filed the application.
Application. The information filed by the Applicant in a form provided by the Department requesting the issuance of a TMP.
Automatic Permit Expiration. A permit will be considered automatically expired if construction of the project has not begun within a 5-year period or completed within a 7-year period of the date of issuance. The Applicant must reapply for and receive approval prior to continuing construction or opening a facility.
Business District. The portion of a municipality in which the dominant land use is for intense business activity. A municipality may have more than one business district or none at all.
Business Partnering Initiative (BPI). The BPI is a MaineDOT construction funding program as defined in the MaineDOT's Business Partnering Initiative Municipal Guide.
Capacity Analysis. A determination of the Level of Service of an intersection or roadway segment using acceptable methodologies approved by MaineDOT as referenced in the MaineDOT Traffic Analysis Guidelines.
Common Scheme of Development. Common Scheme of Development means a plan or process which:
1. Takes place on contiguous or non-contiguous parcels or lots in the same immediate Vicinity; and
2. Exhibits characteristics of a unified approach, method or effect such as:
a. Unified Ownership, management, or supervision; and/or
b. Sharing of common equipment or labor; and/or
c. Common financing.
Consolidated Review. The type of review of combined permits when a Development requires both a Traffic Movement Permit from MaineDOT and a site law permit from the Maine Department of Environmental Protection (M.D.E.P.) M.D.E.P. shall be the lead agency for a consolidated review of combined permits and, therefore, will issue the joint permit. The Applicant is required to meet the criteria of both Departments' application processes. The appeals process is more complicated under Consolidated Review and is governed by M.D.E.P. Rules.
Critical Intersection. An intersection that, if impacted by increased traffic, could have a negative effect on the traveling public, the municipality and/or the business community.
Critical Rate Factor. The ratio of the actual crash rate at an intersection or road to the statistically calculated critical rate.
Delegated Review. The authority given to a municipality to issue Traffic Movement Permits. See Part 3 for process and criteria.
Delay. The time lost, measured in average seconds per vehicle, while Traffic is slowed or impeded by congestion or roadway elements
Department. Maine Department of Transportation (MaineDOT). The terms Department and MaineDOT may be used interchangeably.
Designated Growth Area. An area designated as a growth area in a locally adopted growth management plan that is consistent with M.R.S. Title 30-A, Chapter 187.
Developer Agreements. If a proposed Project abuts the State's highway system and the Department requires improvements to the highway system as a condition of the issuance of a TMP, the Applicant and MaineDOT will enter into a Developer Agreement setting out the process by which the Applicant will obtain approval of the design plans and coordinate the construction of the improvements through MaineDOT's Region Engineer with jurisdiction over the municipality in which the improvements are taking place. The Applicant must demonstrate through a Developer Agreement the financial, legal and technical ability to develop such improvements.
Development Area. The site proposed for Development, excluding all off-site roadway segments and intersections beyond the entrance or entrances.
Development. Any single or mixed-use construction, alteration or conversion of a site on a piece of property. The terms "Development" and "Project" may be used interchangeably.
Entrance(s) and Exit(s). Access ways used by any and all modes of transportation to or from a property abutting a highway or public way. As used herein, the terms include all driveways (e.g., private residential, commercial and other nonresidential driveways), sidewalks, and pathways. The terms do not include a street entirely within a subdivision. (As used herein, the terms Entrances and Exits include the approaches to them and the intersections created by them even if these areas include parts of the state or local right of way.)
Estimated Annual Average Daily Traffic. An estimate of the total daily volume on a roadway segment for an average day of the year.
Event. A recurring activity or series of attractions expected to generate 100 or more passenger car equivalent (PCE) trips for more than 30 peak hours in a 12 month period.
Exception. A waiver from a standard or requirement due to circumstances outside of the Applicant's control and/or unworkable or unsafe in a given circumstance. Exceptions will require the substitution of Department-approved mitigation strategies, and/or fee payments that meet or exceed default standards and are specifically authorized within sections of this Rule.
Expedited Review. A review process that an Applicant may request regarding Projects that have known or negligible new impacts to the roadway or Traffic conditions, including multimodal Traffic. See Part 3 for process and criteria.
Grandfathered Trips. Previously permitted or unpermitted Trips that have been generated by the Development on a certain parcel for more than 10 years. MaineDOT has determined that the Trip credits will be given for the highest permitted/actual use of the Development that has occurred over the past 10 years.
Horizon Year. The anticipated opening year of the proposed Development, assuming build-out and full occupancy.
Impact Fee. A fee charged to an Applicant as compensation for impact on a Critical Intersection or roadway section.
Interested Person. This includes an Applicant, a person who submits written comments concerning an Application or who requests, in writing, receipt of materials related to an Application. The Department shall maintain a list of Interested Persons for each Permit Application.
Level of Service (LOS). A measure of the quality of the operating conditions for any mode of transportation within a Traffic stream as determined from a Capacity Analysis using methodology outlined in the MaineDOT Traffic Analysis Guidelines.
MaineDOT Traffic Analysis Guidelines. A set of guidelines developed by MaineDOT to provide the traffic engineering community with standards with which to administer the requirements of M.R.S. Title 23 § 704-A and this Rule.
Major Intersection. An intersection controlled by a traffic signal or the intersection of a state or state aid highway with the road on which the entrance(s) for the Development is/are located. A commercial entrance is not considered a Major Intersection.
Mode Split. The proposed Project's anticipated/estimated split among major transportation modes: walking, bicycling, public transit, single-occupant motor vehicle, and multi-occupant motor vehicle (e.g. vanpool, rideshare, taxi, Uber/Lyft, Ride Sharing Venues).
Multi-Modal Study Area. The Multi-Modal Study Area (MMSA) focuses on the multi-modal transportation system that serves the Study Area and provides access to the Project site. The Multi-Modal Study Area includes major highways and roadways, intersections and interchanges, pedestrian facilities, bicycle facilities and access, and public transit network. Geographic requirements are provided in Part 5.
Multi-Modal Trip. A Person Trip that is either a walk, bicycle, or transit Trip.
1. A walk Trip is an inbound or outbound Person Trip for which the greatest distance between the Trip origin and Trip destination is traveled on foot or on any type of assistive device (e.g., wheelchair, walker, skates, scooter, Segway, skateboard).
2. A bicycle Trip is an inbound or outbound Person Trip for which the greatest distance between the Trip origin and Trip destination is traveled by a bicycle (or any pedal-powered vehicle).
3. A transit Trip is an inbound or outbound Person Trip that crosses the Site Cordon Line in a transit vehicle or for which the greatest distance between the Trip origin and Trip destination is traveled in a transit vehicle (e.g., public bus, private bus or shuttle, rail car, ferry boat). A Person Trip made in a carpool, vanpool, taxi or micro transit (e.g. Uber, and Lyft) is considered a Vehicle Trip.
Municipal Partnering Initiative (MPI). The MPI is a MaineDOT construction funding program as defined in the MaineDOT's Municipal Partnership Initiative Municipal Guide.
Pass-By Trip. A Vehicle Trip made as an intermediate stop on the way from an origin to a primary Trip destination without a route diversion. A Pass-By Trip is created by Traffic passing the site on an adjacent street or roadway that offers direct access to the Traffic generator. A Pass-By Trip is not diverted from another roadway that is not adjacent to the site.
Passenger Car Equivalents (PCE's). The number of passenger cars or, in the case of non-passenger vehicles, the number of passenger cars that would be displaced by non-passenger car vehicles. See MaineDOT Traffic Analysis Guidelines for conversion factors.
Passenger Car Equivalents at Peak Hour. The number of passenger cars or, in the case of non-passenger vehicles, the number of passenger cars that would be displaced by non-passenger vehicles, at that hour of the day during which the Traffic volume generated by the Development is higher than the volume during any other hour of the day. See 23 M.R.S. §704-A.
Peak-Hour. The hour of the day during which the Traffic volume at an intersection or on a roadway segment is higher than the volume during any other hour of the day.
Person Trip. A Trip made by any mode of travel by an individual person from an origin to a destination. Every Trip made anywhere by a person is a Person Trip. For instance, if three people leave a Development site in a single vehicle, this is counted as three Person Trips.
Project. Any single or mixed-use construction, alteration or conversion of a site on a piece of property. The terms "Project" and "Development" may be used interchangeably.
Scoping Meeting. A meeting to evaluate the nature and extent of impacts of a proposed Project and the level of information and study warranted.
Shared Trip. A "Shared Trip" is a Person Trip made between two distinct on-site land-uses at a mixed-use site without using an off-site road system.
Such as an internal trip can be made by personal passenger vehicle, truck, walking, bicycling, or transit. A Shared Trip is a tool for reducing Trips on the roadway for mitigation purposes only. A Shared Trip cannot be a factor in whether a Development meets the Trip threshold for requiring a Traffic Movement Permit.
Site Cordon Line. A real or imaginary boundary around a designated site or specific area that, when crossed by a vehicle or person, captures every Trip that enters or exits the site.
Study Area. The area defined in Specific Submission Requirements Part 6, Section C. The scope of the Study Area may be further refined by MaineDOT at the Scoping Meeting. Note: See also Multi-Modal Study Area.
Title, Right or Interest. This term refers to Applicant's ownership of or enforceable right to acquire the property rights necessary for the Development. Specific ways to effectively demonstrate this legal authority are outlined in Part 6.
Traffic. Vehicles, pedestrians, bicycles and multimodal conveyances moving along a road or public highway.
Traffic Crash. A motor vehicle crash that results in property damage exceeding $1,000 or physical injury of any type.
Traffic Attributable to a Development. Net new Traffic volumes and associated Traffic patterns generated as a result of a proposed Development.
Traffic Movement of All Types. Any mode of travel, including pedestrian, bicycle, bus, ferry, aviation, rail, or automobile.
Traffic Movement Permit. The permit issued by the Department under 23 M.R.S. §704-A and this Rule, at times referred to as the "TMP".
Traffic Movement Permit (or TMP) Modification. A review and approval process used to address changes in facts presented within the original approved Application either prior to or following the development being constructed.
Traffic Movement Permit (or TMP) Rule. Chapter 305 of the General Rules of the Department of Transportation (this rule).
Traffic Signal. A power-operated control device by which Traffic is regulated, warned, or alternately directed to take specific actions. See 29-A M.R.S. §2057.
Traffic Study. A quantitative analysis by qualified traffic engineers to determine whether the existing roads and intersections in the Vicinity of the proposed Development have the capacity to handle Traffic attributable to the Development.
Transportation Demand Management Techniques. Measures taken to reduce or spread peak hour Traffic over a longer period of time. Such measures include, but are not limited to, micro transit, ridesharing, carpooling, vanpooling, mass transit, telecommuting policies and modified work schedules.
Trip. A single or one direction person or vehicle movement with either the origin or destination inside the Development Area.
Urban Compact. A built-up portion of a town/city as described in 23 M.R.S. §754.
Vehicle Trip. The movement of an inbound or outbound personal passenger vehicle or truck, carrying one or more passengers, across the Site Cordon Line. A person crossing the Site Cordon Line as a pedestrian in conjunction with an overall Trip made primarily in a personal passenger vehicle or truck will be counted as a Vehicle Trip. If, for example, a person drives a personal passenger vehicle from home, parks off-site, and walks from the parking facility to an office building, the trip (at both ends) is considered a Vehicle Trip.
Vicinity. The area defined by the limits of the threshold volumes traced along the highway network. This can be limited to the next major intersection or driveway/entrance depending on the nature of the development in the Development Area. The Vicinity is used to help define the study area.
C.M.R. 17, 229, ch. 305, pt. 2