Part 5 - SPECIFIC TRAFFIC MOVEMENT PERMIT PROCESS REQUIREMENTSThe TMP transportation impact review process reflects and advances the State of Maine's motorized and multi-modal policy goals, in particular, the objectives outlined in MaineDOT's Complete Streets Policy and in the federal Americans with Disabilities Act. Especially in village, sub-urban and urban contexts, projected impacts on all modes, and appropriate mitigation strategies, including increases in infrastructure capacity and Traffic Demand Management practices, must be included in the Applicant's description of the Project. Discussion of the applicability of TDM or multi-modal considerations shall be included in the application and at the Scoping Meeting.
A.Pre-Scoping Meeting. A pre-Scoping Meeting may be requested by either the Applicant or MaineDOT prior to the submittal of the Application. MaineDOT, at its discretion, may grant a pre-Scoping Meeting prior to the Applicant's preparation of the Application. The pre-Scoping Meeting is intended to allow MaineDOT and the Applicant to obtain consensus as to study assumptions, data requirements, analysis periods, analysis methodology, and other key aspects of the process prior to the Applicant preparing the Application. This meeting ensures a common understanding and reduces the potential time and cost of preparing revisions to the TMP Application.B.Developments Generating 100 or MORE PCE Trips. If a proposed Development is estimated to generate 100 or more PCE Trips during its peak hour of Traffic generation, then the information requested in Sections 1-6 below shall be included in the Application submitted to the Department prior to scheduling the Scoping Meeting. 1.Review Timeline. Any person intending to construct or operate a Development that is projected to generate 100 or more PCE Trips during its peak hour of Traffic generation shall, before commencing construction or operation, file an original and two copies of the Application for a "Traffic Movement Permit" identifying the size, nature and location of the Development, together with information required in Sections 1 through 6 of Part 6, below. An electronic copy of the Application shall also be sent to the Regional Traffic Engineer. The Department has 14 calendar days from date of submittal to determine if the Application, including Sections 1 through 6 of Part 6, is complete. If the Department does not make a completeness determination within 14 calendar days, the Application is deemed complete. However, this does not preclude the Department from requesting additional information from the Applicant. If the Application is not deemed complete, the Applicant will be required to resubmit the Application with the requested information, and the Department has 14 calendar days to determine completion upon resubmittal. A Scoping Meeting shall be held within 30 calendar days of the date Sections 1 through 6 of Part 6 are deemed complete.2.Scoping Meeting. Applicants with Developments resulting in 100 or more PCE trips will be required to attend a Scoping Meeting with the Department. The Department will schedule a Scoping Meeting upon receipt of a Traffic Movement Permit Application, from the Applicant, which the Department deems complete. The Scoping Meeting shall be used to discuss the scope of potential Traffic impacts to be studied by the applicant . The Department will invite representatives of the municipality, abutting municipalities, municipal planning organizations and regional councils from the area where the Project is located in addition to the Applicant and/or appropriate representative. The Applicant is required to submit a signed copy of the "Notice of Intent to File" to the municipality(ies) where the proposed Development is located and to submit this form to all abutting property owners. Such notice must be sent by certified mail, return receipt requested, at least 7 (seven) calendar days prior to the Scoping Meeting. The purpose of the Scoping Meeting is to help the Applicant understand the Application review process, identify particular areas of concern, define appropriate Trip generation rates, define Trip distribution, define Trip composition, define the Study Area and determine the need for a Traffic Study. The Applicant has 270 calendar days from the Scoping Meeting to submit the Traffic Study such a study is required by the Department. Failure to submit the required material within 270 calendar days may require the resubmittal of Sections 1 thru 6 of Part 6 of this Rule and a new Scoping Meeting to be held.C.Developments generating 100-200 PCE Trips. For Developments estimated to generate 100-200 PCE Trips during the peak hour of Traffic generation, the Department shall recommend one of the following during the Scoping Meeting:1. That the Applicant be issued a TMP with no further study and no off-site mitigation because the Development will not have a significant impact on roads or intersections in the Study Area of the proposed Development. As part of the TMP issued by the Department in such a case, conditions including an impact fee may be imposed for off-site mitigation without the need for any additional Traffic Study; or 2. That the Application requires further review and that a Traffic Study including the information requested in Section 7 below is required. This determination may be made if it appears that there are Traffic safety or capacity deficiencies in the Study Area of the proposed Development, such as in the following instances:a. Current Traffic problems have been identified such as a high-crash location, an intersection in need of a Traffic signal, or inadequate storage lane capacity for turning vehicles.b. The current or projected Level of Service of the roadway system adjacent to the Development is unsatisfactory for any user group, including but not limited to motorists, bicycle riders, and pedestrians.c. Other specific safety or congestion problems or deficiencies have been clearly identified and documented by MaineDOT or the municipality and these may be affected by the proposed Development or affect the ability of the Development to be satisfactorily accommodated. These may include gaps or deficiencies in multi-modal facilities (including but not limited to: breaks in sidewalk or bicycle lane continuity, lack of crosswalks, lack of ADA accessible pedestrian facilities or bus stops, lack of bus stop amenities such as benches or shelters) in the site Vicinity. The Department may address these problems or deficiencies under its other statutory authority as well.d. The Study Area of the proposed Development is limited to the area defined by the Development entrance(s) or exit(s), and the Department wishes to extend the Study Area to the first Major Intersection in each direction from the Development entrance or entrances including intervening segments because the Scoping Meeting revealed potential safety, capacity, or other Traffic-related issues affecting the type of review warranted. Once the Traffic Study is submitted, The Department has 14 calendar days from date of submittal to determine if the Traffic Study is complete. If the Department does not make a completeness determination within 14 calendar days, the application is deemed complete. The "Notice of Intent to File" does not need to be resubmitted with Section 7 Traffic Study when the Application is officially submitted. The Department will have 60 calendar days from the date the Application is deemed complete to issue a Traffic Movement Permit.
D.Developments generating 200 or more PCE Trips. If a proposed Development is estimated to generate 200 or more PCE Trips during the peak hour of Traffic generation, a Traffic Study including the information requested in Section 7 below will be required after the Scoping Meeting. The requirement of a Traffic Study may be waived by the Engineer of Traffic or his or her designee when the Engineer of Traffic determines that the development traffic peak is at a different time than the peak hour of the adjacent roadway or the Development has a high number of Pass-By Trips.
Once the Traffic Study is submitted, the Department has 14 calendar days from date of submittal to determine if the Traffic Study is complete. If the Department does not make a completeness determination within 14 calendar days, the Traffic Study is deemed complete. The Department will have 120 calendar days from the date the Application and Traffic Study are deemed complete to issue a Traffic Movement Permit. The "Notice of Intent to File" does not need to be resubmitted with the Section 7 Traffic Study when the Application is officially submitted.
The outside parameters for the Study Area of the Section 7 Traffic Study are as follows:
1. The Development entrance(s) and exit(s);2. The first Major Intersection in either direction from the Development entrance(s) and exit(s) unless waived by the Engineer of Traffic or his/her designee at the Scoping Meeting; and3. All intersections where, during any one-hour period, traffic attributable to the proposed Development equals or exceeds:a. 25 left turn movements per lane; orb. 50 thru and/or right turn movements per lane Generally, the Study Area, defined by the above criteria, would be limited to a radius of 2 miles measured from each site entrance or exit unless the Department, at the Scoping Meeting, determines that the proposed Development will impair the safe and efficient flow of Traffic beyond a two mile radius due to the Development's scale, location, or nature.
E.Consideration of Multi-Modal Trips. The Section 7 Study must include analysis of Multi-Modal Trips based on ambient and potential future Project area conditions and should take special care to identify transportation system features with existing or potential issues that would be exacerbated by Project-generated Trips. The Study Area for multi-modal considerations, or the Multi-Modal Study Area, shall be determined by defining a circle around the Project with a minimum radius of 1/4 mile for urban/suburban contexts, and a larger radius of up to a 1 mile for rural contexts. Depending upon specific site and contextual conditions reviewed at the Scoping Meeting, the Department may reduce the required Multi-Modal Study Area from the default radius length and/or reshape the circular area to more appropriately target likely impacted locations for analysis.F.Traffic Movement Permit Expedited Review. For those Projects that have known or negligible new impacts to the roadway or Traffic conditions, including multimodal Traffic, the Applicant shall have the ability to apply for Expedited Review. To request Expedited Review Applicants shall follow the guidelines below.1. The Applicant needs to state the request for Expedited Review on the Application. The Application shall be accompanied by a letter (in the form provided by MaineDOT) from municipal staff supporting Expedited Review. This letter must detail the arguments supporting the determination that the Project makes only known or negligible impacts to the roadway or Traffic conditions, including multimodal Traffic, and that no Scoping Meeting is needed. Expedited Review will not be allowed within municipalities that have Delegated Review.2. The Applicant will submit the Application with all of the information required by Sections 1 through 6 of Part 6 (plus associated $500 Application fee) and, when necessary, the Section 7 Traffic Study. A list of formal recommendations for TMP conditions shall be submitted with the Application. If the Project impacts a coordinated traffic signal system, the Applicant will pay an impact fee to be used to develop a signal timing plan to accommodate the adjustments to the signal system. The impact fee will be a per signal cost determined by consultants approved by MaineDOT for work associated with coordinated signal system retiming.3. The Applicant must accept responsibility for construction of any and all transportation system improvements, including implementing improvements to serve multimodal needs and/or to the site entrance(s)/exit(s). Those improvements shall be shown on the site plan. If MaineDOT requires off-site mitigation, it can be in the form of either a to-be-determined impact fee or agreed upon roadway improvements.
MaineDOT may deny the request for Expedited Review and review the Application in the traditional manner. This decision to review the Application traditionally will be made within 14 calendar days of submission. If Expedited Review is granted, MaineDOT will modify the TMP draft as needed and present it to the Applicant and municipality within 30 calendar days of submission.
Expedited Review is generally limited to 100 to 200 PCE permits. MaineDOT may allow Expedited Review for over 200 PCE permits for those Developments with a high percentage (70%) of Pass-By Trips.
C.M.R. 17, 229, ch. 305, pt. 5