C.M.R. 17, 229, ch. 305, pt. 6

Current through 2024-51, December 18, 2024

Part 6 - SUBMITTAL REQUIREMENTS

Section 1. Required site and Traffic information that must be included with the Application is as follows:

A.Site Plan. Plans and drawings shall be in accordance with General Submission Requirements, supra Part 4. The Site Plan should identify the size of the parcel, the developable acreage of the parcel, general terrain features, and unique terrain features. The site plan should also identify the proposed "footprint" of the Project relative to existing site conditions, the boundaries of land owned by the Applicant, the abutting land uses, and transportation facilities (including private and access roadways, sidewalks, crosswalks, public right-of-way, public transit stations/stops/routes, and bicycle facilities) within and adjacent to the site. Review of the of the Site Plan will cover existing bicycle, pedestrian and public transportation infrastructure, existing and future multimodal desire lines, and a preliminary connectivity assessment.

B.Description of Existing and Proposed Site Uses. A description of the existing and proposed uses of the Development Area will need to include information about the anticipated number and type of parking spaces (to include automobile parking, bicycle parking, and preferential parking for carpoolers and other non-drive-alone modes) and information about potential shared parking, on-street parking, and off-site parking opportunities.

C.Regional Mapping. Identification of site and Study Area boundaries in the form of a regional map showing the Development area and each road in the Study Area of the proposed Development. This map must also show other proposed Development sites (all municipally approved Developments under 100 PCE and those Developments 100 PCE and over that have an approved TMP submittal to MaineDOT) in the Study Area of the proposed Development, including the location of their existing and proposed driveways to the extent such information is available. This map shall include pedestrian, bicycle and transit Trip generators, origins and destinations within a radius of 1/4 mile for urban/suburban contexts and a radius of up to 1 mile for more rural contexts.

D.Information Concerning Proposed Uses. Information concerning proposed uses in the Study Area of the proposed Development and the Traffic increases that are expected from sources other than the proposed Development and that are highly likely to occur in the Vicinity (as defined in MaineDOT's chapter 305 of the General Rules of the Department of Transportation) of the proposed Development during the study period. At a minimum, the Applicant must identify Development or redevelopment proposals which have been approved, either locally or by the Department, provided such approvals have not lapsed, and Development or redevelopment proposals for which complete Applications have been filed with and accepted by a local reviewing authority or the Department, provided the Applicant is actively pursuing the Application. If a local reviewing authority or the Department has requested from an Applicant additional information or submittals necessary to complete the processing of an Application but has not received such information within 270 calendar days of the request, that Applicant shall be deemed to be not actively pursuing the Application and the Department will consider the application withdrawn and will so notify the applicant.

E.Information Concerning Vehicle Trip Generation. Vehicle Trip generation caused by the Development or redevelopment is the determining factor in whether a Developer is required to apply for and obtain an MaineDOT Traffic Movement Permit. The Applicant should identify the expected use or uses of the Development, the amount of space or number of site users (or other suitable indicator of Trip generation), and the resulting Vehicle Trip generation of the proposed Development, including the weekday morning peak hour, the evening peak hour, daily Traffic, and other peak periods as may be appropriate (weekday mid-day peak, weekend mid-day peak, etc.), The Applicant must include appropriate documentation and references and document both Trip rates and Trip types. Trip generation must be calculated using approved methodology referenced in the MaineDOT Traffic Analysis Guidelines. The Trip generation data must be presented in a summary table listing each type of land use, the size involved, the Trip generation rate used (total daily Traffic and a.m./p.m. peak, weekend peak if necessary), and the resultant total Trips generated for the design peak hour of the adjacent street, or the design peak hour of the generator, whichever is the worst case scenario for the network.

F.Information about Trip Distribution. Information about Trip distribution, including a description and diagram of the anticipated distribution of Traffic entering and exiting the proposed Development area. For Developments which generate 500 or greater Trips, a gravity model, market study, or other approved methodology referenced in the MaineDOT Traffic Analysis Guidelinesis required to determine Trip distribution.

G.Information about Trip Assignment. Information about Trip assignment including, at a minimum, a stick diagram showing the network impacted by the Development as well as the first Major Intersection to either side of the Development driveway(s). The Applicant shall also include projections of bicycle and pedestrian uses and information about additional intersections for Developments with over 200 PCE, if threshold volumes are met. Threshold volumes are met at intersections where, during any one-hour period, Traffic attributable to the proposed Development equals or exceeds:

(a) 25 vehicles in a left-turn-only lane;

(b) 50 vehicles in a through lane, right-turn lane, or a combined through and right-turn lane; or

(c) 50 vehicles (multiplying the left-turn volume by 1.5) in a combined left-turn and through lane, or a combined left-turn, through and right-turn lane. The Applicant shall also include a description and diagram of the anticipated utilization of roads and intersections in the Study Area of the proposed Development by Traffic attributable to the Development. Distribution and assignment of Trips must be based on population trends, surrounding land uses, the condition of roadways, market analyses, existing Traffic patterns and other relevant data. The technical analysis steps, basic methods, and assumptions used in this analysis must be clearly stated. The scope of this section must be to and including the first Major Intersection to either side of the Development driveway(s) and for multimodal considerations, bicycle/pedestrian/transit Trip generators, origins and destinations, and facilities within a radius of 1/4 mile for urban/suburban contexts and a radius of up to 1 mile for more rural contexts.

Generally, for an over 200 PCE Application, the Study Area as defined by the above criteria would be limited to a radius of 2 miles from the Development Site 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.

Section 2.Traffic Crashes

The Application should provide an inventory and analysis of Traffic crashes occurring in the Vicinity of the proposed Development during the most recent 3-year period to identify high crash locations and their associated Critical Rate Factors or excess crash costs. The inventory must include:

A. An identification of high crash locations including road segments, intersections, or Development entrances and exits that may be deemed as unsafe when Traffic encounters conditions such as inadequate turning radii, poor geometrics, limited sight distance or high crash locations. "High Crash Locations" are road segments or intersections where eight (8) or more crashes have occurred over the most recent three (3) year period, and the "Critical Rate Factor" is greater than one (1.0).;

B. MaineDOT supplied Collision diagrams for each High Crash Location identified;

C. Information about excess crash rates and costs in accordance with MaineDOT's Highway Safety Manual (using expected vs predicted crash rates); and,

D. Data on bicycle and pedestrian crashes identifying any trends, causal factors or relationships with motor vehicle crash data.

Section 3.Development Entrances and Exits. The Application must include the following:

A. A description of entrance and exit locations showing the exact distance (to the nearest hundredth mile) to the nearest intersecting road or town line The description must also include information about the number of entrances/exits and the proposed width and type of surface on the proposed entrances/exits, and sidewalks. Finally, the description must identify bicycle lanes/facilities or other multi-modal features (e.g. crosswalks, bus stop amenities such as benches and shelters, bicycle lanes and parking, etc.).

B. A plan view of each intersection created by the Development showing the names of the intersecting roads, the posted speed limit on the roads, the left and right sight distances, and the location of all driveways and roads located across from the Development site.

C. Information about the measured stopping sight distances in each direction for entrance and exit locations as well as the posted speed for the location of each driveway. Those sight distances shall be in conformance with the sight distance set forth in MaineDOT's Chapter 299 Highway Driveway and Entrance Rules.

D. Evidence that the Entrance/Exits meet the following criteria and requirements:

1. Minimum driveway spacing and minimum corner clearance as specified in the MaineDOT's Chapter 299 Highway Driveway and Entrance Rules.

2. Adequate sight distance must be achieved in both directions for vehicles entering onto or exiting from the highway. The design and location of the driveway should be such that it allows motorized vehicles, including trucks, to maneuver safely and without interference with Traffic. The entrance/exit location should provide adequate sight distance so that vehicles traveling on the highway or street adjacent to the driveway will provide sufficient stopping sight distance for vehicles waiting for a gap to turn left into the driveway entrance. A minimum safe sight distance must be provided for vehicles turning left from a major roadway. A Project that can be anticipated to generate any bicycle and pedestrian Trips shall provide sidewalks, crosswalks, and ADA accessible landings at and along the entrance to the public streets system and pedestrian connection(s) from the entrance(s) to and between the site structure(s).

3. Driveway width and other details shall be in accordance with the latest version of MaineDOT's Standard Details; an updated version of the Standard Details is available on the MaineDOT Traffic website.

4. The grade of entrances shall be in conformance with the latest edition of MaineDOT's Highway Design Guide available on the MaineDOT Traffic website. All driveway entrance/exits within 75 feet of a roadway intersection shall not exceed a maximum grade of 3%.

5. Driveway entrance/exits shall comply with the most current version of MaineDOT's Chapter 299 Highway Driveway and Entrance Rules. The width of drive entrances shall not exceed twenty-six 26 feet for residential use and forty-two 42 feet for commercial use.

6. Separation islands between entrances and exits where culverts are not required or are continuous between entrances, shall be raised islands, not less than six (6) inches above the surface of the entrance. Island should be either paved or seeded. If an open ditch is used between driveways having separate culverts, the raised section is not necessary and the separation island shall be graded to drain toward the culverts.

7. When sidewalks, curbing, or curb and gutter are to be removed as part of the construction, the Applicant must commit to replacing at its own expense the necessary sidewalks, curbing or curb and gutter at the break points of the entrance. All curbing at the side of the entrance shall form terminal ends as shown in the latest version of MaineDOT's Standard Details; an updated version of the Standard Details is available on the MaineDOT Traffic website. A Project that can be anticipated to generate any bicycle and pedestrian Trips shall provide sidewalks, crosswalks, and ADA accessible landings at and along the entrance and pedestrian connection(s) and from the entrance(s) to and between the site structure(s).

8. Drainage in highway side ditches shall not be altered or impeded, and the Applicant must commit to providing, at its own expense, suitable and approved drainage structures at all entrances. Surface drainage structures shall cause all surface water on the areas adjacent to the highway to be carried away from the highway and shall be built in such a way as to prevent significant increase in the peak flow (50-year storm event) draining towards the roadway.. The drainage opening underneath the entrances or filled areas adjacent to the highway shall be adequate to carry the water in the highway side ditches. Size, type of pipe and adequacy of proposed structures shall be approved by the Department prior to installation. The Applicant shall agree to use Maine Department of Environmental Protection's method for determining and detaining storm water run-off. Drainage issues do not have to be resolved prior to the Scoping Meeting but must be resolved prior to Project construction. The Region Engineer or his designee shall determine whether drainage increases toward the roadway are significant.

Section 4.Title, Right or Interest

The Department may consider an Application only when an Applicant has demonstrated Title, Right, or Interest in all of the property being proposed for development or use, including Development entrances and exits. The Development's entrances/exits cannot be constructed in an area where MaineDOT has Control of Access rights. The following documentation of Title, Right, or Interest, as applicable must be submitted with the Application and shall be reviewed for adequacy by the Department.

A. When the Applicant claims ownership of the property, the Applicant will provide copies of the deeds to the property;

B. When the Applicant has an option to buy the property, the Applicant will provide a copy of the option agreement which must contain terms deemed sufficient by the Department to establish future title;

C. When a Purchase and Sale agreement has been signed, the Applicant shall provide a copy the Purchase and Sale agreements with terms deemed sufficient by the Department to establish future title;

D. When the Applicant has a lease on the property, the Applicant will provide a copy of the lease, which must be of sufficient duration, as determined by the Department, to permit construction and reasonable use of the Development;

E. When the Applicant has eminent domain power over the property, the Applicant must supply evidence of the ability and the intent to use the eminent domain power to acquire sufficient Title, Right or Interest to the satisfaction of the Department.

Section 5.Public or private rights-of-way

The Application must identify the location and width of proposed streets, easements, and other public or private rights of way in the Development. No entrance, approach, or other improvement constructed as a requirement of the TMP shall be relocated or have its dimensions altered without the written permission of the MaineDOT's Bureau of Project Development. The Applicant shall not install structures or pavement in the State's highway right of way that are not related to the installation of the entrance or exit.

Section 6.Schedule

The applicant must provide an estimated completion schedule for the Development Project. If construction of the proposed Development will place in phases, the estimated completion schedule should be proved in phases.

Section 7.Traffic Study Requirements

A Traffic Study of roads in the Study Area of the proposed Development must be completed for those Applications for projects generating 200 or more passenger car equivalent Trips or if a Traffic Study was requested by the Department at the Scoping Meeting. This Traffic Study (the "Section 7 Traffic Study") is expected to include the following information along with updated information for Sections 1 through 6 above if warranted.

A.Existing and Projected Traffic Volumes. The Traffic Study should provide diagrams of the Traffic volume on roads and intersections in the Study Area of the proposed Development for the estimated a.m. and p.m. peak hour Traffic (including turns during the peak hour) unless the Department at the Scoping Meeting determines that another approach or period of time is more appropriate. Traffic diagrams must show the following:

1. Existing vehicle Traffic volume based on actual counts consistent with current MaineDOT Guidelines for Data Collection.

2. Vehicular Traffic attributable to other Development Projects that are proposed or approved but are not operational at the time the Traffic counts are made. An Applicant must consider:

a. Approved Projects, provided the permit has not lapsed and has not been extended more than once;

b. Department rulings and municipal planning permits, subject to the specific terms of those rulings or permits; and

c. Proposed Projects for which complete Applications have been filed and accepted, provided the Applicant is actively pursuing the Application.

3. Projected vehicular Traffic volume and multi-modal Person Trips for the design hour at the time the Development will begin operation, assuming build-out and full occupancy of the proposed Development. This information must include peak hour projections of bicycle and pedestrian Person Trips as shown in MaineDOT Traffic Analysis Guidelines.

Documentation, including all new Traffic counts and analysis worksheets, as to how the various volumes were derived must accompany the diagrams. Computer techniques and the associated printouts can be used as part of the report.

Projected Traffic volumes should be calculated using a methodology approved by the MaineDOT detailed in the MaineDOT Traffic Analysis Guidelines.

B.Capacity Analysis. A Capacity Analysis must be performed (for A.M and P.M. peak hours and weekend peak hours when applicable) to determine the Level of Service for each road and intersection in the Study Area of the proposed Development. Analysis shall also be performed for other modes such as pedestrians, bicycle riders, and transit users. The Capacity Analysis shall be completed as directed in the MaineDOT Traffic Analysis Guidelines. When it is shown that the Capacity Analysis methodology will not accurately measure operating conditions at a certain road or intersection, the Department may require an Applicant to analyze operating conditions of the intersection or road using another methodology acceptable to the Department. In the case where an intersection being evaluated is part of an interconnected signal system, the Applicant, at the discretion of the Department, may be required to include the analysis of the interconnected system in the evaluation.

The Department recognizes that the Level of Service of some roads and intersections cannot be accurately determined using only the standard Capacity Analysis method. In such cases, the appropriate analytical technique will be determined in consultation with the Department. The Department will have final say in deciding which appropriate analytical technique should be applied.

In reviewing the Capacity Analysis in the Traffic Study, the Department will consider the following:

1.Design and Operation. In determining whether the Developer has made adequate provision for Traffic movement of all types into and out of the Development and in the Study Area of the proposed Development, the Department shall consider all relevant evidence to that effect to ensure the safe and efficient flow of Traffic. On-site design and operations are subject to review, to the extent deemed necessary by the Department, to ensure that the Development will not cause any delay, interference or safety problems with the operation of adjacent roadways, driveways, and pedestrian, bicycle and transit facilities. The Development must be located and designed so that the roads and intersections in the Study Area of the proposed Development will have the ability to safely and efficiently handle the Traffic increase attributable to the Development at the time the Development becomes fully operational.

2.Study Horizon. The Traffic impacts of a proposed Development shall be assessed based on the period from the issuance of the TMP through the projected year of full build-out of the proposed Development. If the proposed Development is a multi-phase Project with a projected build-out date of up to five (5) years after the year of permit issuance, the Department may require a study for each phase of the proposed Development. Phases developed after 5 years will require a TMP modification if the cumulative Trips associated with those phases is between 100 and 200 PCE Trips. Development phases generating more than 200 Trips will require a new TMP Application.

3.Unreasonable Congestion. Level of Service D, as determined from a Capacity Analysis, is considered the minimum Level of Service needed to provide safe and convenient Traffic movement. Where a road, intersection, or any approach lane to the specific intersection or intersections being evaluated in the Study Area of the proposed Development is determined to operate at LOS E or LOS F in the build year and improvements cannot be made to raise the LOS to D or above, the Department will conclude that the proposed Development will result in unreasonable congestion, unless one or more of the following conditions justifies an exception from this standard:

a. The Level of Service of the road or intersection will be improved to D or better through Transportation Demand Management Techniques;

b. The Department finds that it is not reasonably possible to raise the Level of Service of the road or intersection to D or above by road or intersection improvements or by Transportation Demand Management Techniques but is comfortable that proposed improvements and/or Transportation Demand Management Techniques will insure that Traffic from the proposed Development will not increase delay at a signalized or unsignalized intersection or otherwise worsen the operational condition of the road or intersection in the horizon year;

c. The Department finds that improvements cannot reasonably be made because the road or intersection is located in a business district or because implementation of the improvements will adversely affect a historic site as defined in 06-096 CMR 375(11) (Preservation of Historic Sites) and that Transportation Demand Management Techniques will be implemented to the fullest extent practical;

d. The Development is located in a Designated Growth Area, or in the compact area of an Urban Compact municipality, in which case the Applicant shall be entitled to an exception from the Level of Service mitigation requirements set forth under the General Standards in this Section. This exception applies even if part or all of the Traffic impacts of the proposed Development occur outside the boundaries of the Designated Growth Area. This exception does not exempt the Development from meeting safety standards, and greater mitigation measures may be required than otherwise provided in this subsection if needed to address safety issues. Transportation Demand Management Techniques are also likely to be required. The required improvements are limited only to those necessary to mitigate the impacts of the Project (which means the Applicant is responsible only for returning all approaches to an intersection or piece of a roadway to the current Level of Service);

e. In the case of unsignalized intersections, if Traffic with the Development in place would not meet the warrant criteria for signalization or auxiliary turning lanes, evaluated using methodology approved by the MaineDOT detailed in the Traffic Analysis Guidelines, then the Department may reduce the mitigation requirement for those measures so long as the resulting Traffic conditions provide for safe Traffic movement; or

f. The Development is located in an area designated as a growth area in a local growth management plan that has been found by the State to be consistent with the growth management program in M.R.S. Title 30-A, Chapter 187, or located within the compact area of an Urban Compact municipality, or on a former military base pursuant to 38 M.R.S. §488(15). Projects that consist of a conversion of an existing facility without an entrance or exit on a federally classified arterial highway do not have to meet Level of Service D if the required improvements are limited only to the entrances and exits of the Project and Transportation Demand Management Techniques can be used to increase safety.

4.Consideration of Drive-Through Operations. For uses with drive-through operations, the Applicant will need to ensure and submit analysis, consistent with methodologies approved by the MaineDOT as detailed in the MaineDOT Traffic Analysis Guidelines, that shows that potential queuing related to the drive-through operations will not spill-back or create unsafe conditions on the adjacent roadway.

C.Traffic Signals. The need for new Traffic signals in the Study Area of the proposed Development is determined in the traffic study using the signal warrants found in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), U.S. Department of Transportation, Federal Highway Administration. The use of data used to determine whether an intersection trigger a Traffic Signal warrants will be consistent with methodologies approved by the MaineDOT detailed in the MaineDOT Traffic Analysis Guidelines.

Applicants should note that the signal warrants in the MUTCD are not the sole criteria used to determine the need for new traffic signals. Although an intersection may meet the MUTCD warrants, the Department may determine that a signal is not appropriate.

D.Bicycle, Pedestrian, and Transit Modes

The Section 7 Traffic Study should include an assessment of the mode split assumptions as well as the Applicant's plan to maximize travel choice, promote non-SOV (Single Occupancy Vehicle) modes, and achieve the assumed mode shares.

If a facility within the Applicant's Study Area has an access or accommodation deficiency in the mode under review (bicycle, pedestrian, transit), the Section 7 Traffic Study must assess options to facilitate safe, convenient, and functional access via these modes as follows:

1. In locations where pedestrian facilities are not available, the Applicant shall evaluate and document pedestrian needs, desire lines, and opportunities to provide pedestrian infrastructure.

2. In locations where bicycle facilities are not available, the Applicant shall evaluate, and document bicycle needs and opportunities to provide bicycle infrastructure.

3. In locations where transit facilities are not available, the Applicant shall evaluate and document needs, origins and destinations, and opportunities to provide transit service when requested by the municipality, MaineDOT, Regional or Municipal Planning Organization or Transit provider.

When required, the Section 7 Traffic Study should [or must, if you prefer] use Multi Modal Level Of Service (MMLOS) Applications in analyzing signalized/unsignalized intersections, urban arterials facilities, and roadway segments for informational purposes to aid MaineDOT and the Applicant in understanding relative impacts to the modes assessed. When required, MMLOS shall be used in conjunction with the MaineDOT Traffic Analysis Guidelines.

E.General Safety Issues. For the identified high crash locations shown in Part 6 -Section 2 and/or other safety items defined in MaineDOT Traffic Analysis Guidelines, the Section 7 Traffic Study must provide an inventory of mitigation strategies for those locations and propose strategies to solve the safety issues identified in subsection D. Bicycle, Pedestrian and Transit Mode above.

F.Recommendations. If the Section 7 Traffic Study analyses indicate that unsatisfactory levels of services or unsafe conditions exist or will occur at intersections or on roads in the Study Area of the proposed Development, the recommendations must include a description of the measures proposed to remedy the deficiencies, including the following:

1. A description and diagram of the location, nature, and extent of recommended improvements to roads and intersections in the Study Area of the proposed Development and a description of recommended Transportation Demand Management Techniques to be utilized on site. Examples of these can be found in the MaineDOT Traffic Analysis Guidelines. Of the recommended improvements, identify those proposed for implementation.

2. Capacity Analysis after improvement. A description of the anticipated results of making these improvements.

3. Section 7(B)(3) exceptions. If the proposed Development is entitled to an exception under Section 7(B)(3)(a), (b), (c), (d), (e) or (f) the descriptions provided pursuant to (a) and (b) may be limited to the improvements necessary to provide safe conditions and the Level of Service required under Section 7(B)(3).

G. MaineDOT may grant an Exception for mitigation of unreasonable congestion, as defined above, within an Urban Compact area or within a Designated Growth Area if:

1. There is inadequate room to construct widening for extra capacity, or

2. Construction of additional lanes would pose safety issues for bicycle or pedestrians and,

3. The Applicant has proposed or will be participating in Traffic Demand Management techniques and in alternative mitigation (e.g. impact fee, in-lieu-of fees).

For locations where there are physical constraints on the ability to accommodate multi-modal needs due to existing build-out in urban contexts, the TMP Applicant can apply for an Exception to provide mitigation and/or pay a fee in lieu of mitigation. Exceptions shall not be made to avoid ADA compliance.

For locations where Multi-Modal Trips are highly unlikely due to the lack of transit routes or origins for bike and/or pedestrian Trips, the TMP Applicant can apply for an exception to provide mitigation.

H.Conclusion. A clear, concise description of the study findings; including all proposed roadway mitigation and any impact/in lieu fees to be assessed to the Applicant.

C.M.R. 17, 229, ch. 305, pt. 6