Part 7 - ROADWAY DESIGN REQUIREMENTSA.General. The mitigation proposed by the Applicant that involves construction projects on State or State-aid highways must meet or exceed the minimum design criteria of this section unless: 1. A conflict with municipal standards exists. If specific provisions of the design criteria of this section conflict with specific provisions of duly enacted municipal standards for roads and entrances the Applicant may request that the specific municipal standard be applied. If the Applicant so requests, the Applicant must also demonstrate that the alternative follows generally accepted engineering techniques and will allow safe and efficient Traffic movement and the Municipal standards for multi-modal facilities meet or exceed standards as stated in the MaineDOT Traffic Analysis Guidelines; or,2. Alternative Design Criteria will provide the same result and, therefore, the Applicant requests an Alternative Design Exception. In support of the Exception, the Applicant must demonstrate that proposals which vary from the criteria of this section will allow safe, adequate and convenient movement of Traffic of all types into and out of the Development site. Applications for approval of roadway and entrance plans that vary from the requirements of Part 6 - Section 7 must identify the criteria that will not be met, specify the proposed alternative, and set forth such evidence as is necessary to show that the alternative is in accordance with generally accepted engineering design practices and will allow safe and convenient Traffic movement. Alternative Design Criteria for multi-modal facilities must meet or exceed standards as stated in the MaineDOT Traffic Analysis Guidelines.B.Design Criteria for State or State-Aid Roads. The geometric design standards contained in MaineDOT's latest highway design requirements must be applied to all new construction, reconstruction and major rehabilitation Projects. Corridor/Route continuity must be considered when determining widths for the access points for any particular Project.C.Design Criteria for Entrances and Exits1. Identification. Entrances and exits must be clearly identified by the use of signs, curb cuts, raised medians, crosswalks, sidewalks, bicycle facilities and landscaping as appropriate.2. Design Approval. The entrance and exit design must be reviewed and approved by the Department if the entrance will be located on a state or state-aid highway.3. General Design Considerations. The design of all entrances and exits associated with a proposed Development must include, at a minimum, consideration of the following items as per guidelines set forth in the edition of the MaineDOT publication "Access Management - Improving Efficiency of Maine Arterials" referenced in MaineDOT's fact sheet: b. Maximum number of driveways per lot; (see 23 M.R.S. §704 )c. Minimum distance between driveways and side streets (corner clearance);d. Minimum distance between driveways;e. Turn radius and driveway width;g. Auxiliary turning lanes (right-turn lanes, left-turn lanes);h. Driveway throat length; and i. Multi-modal needs, including bike lanes, sidewalks, crosswalks, and/or transit facilities.D.Miscellaneous Requirements1. Lighting. Lighting must highlight the driveways of the Development. Parking areas must be designed to prevent vehicle lights from shining onto adjacent roadways by using parking orientation, buffers, or other effective measures.2. Interference with adjacent roadways a. Sufficient parking facilities must be provided within and/or adjacent to the Development site to meet the parking needs of the Development. Parking facilities include shared parking facilities within or near the site, on-street parking, access to off-street parking lots, parking lots, loading and unloading space, and circulation aisles and corridors.b. Unless no other practicable alternative is available, parking areas must be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve single-family detached dwellings provided the driveway entrance is situated on a local road and not on a collector road or arterial road.c. Parking stalls for the Development may not be directly accessible from any public way. Ingress and egress to parking areas must be limited to driveway entrances.d. No loading docks may be located on any street frontage.E.Terms and Conditions. The Department may, as a term or condition of approval of the TMP Application, establish any reasonable requirement to ensure that the Applicant has made adequate provision in its roadway design for Traffic movement for all types of Traffic, including, but not limited to, the following: 1. Limitations on the size, time of operation, manner of operation, number of vehicles operating out of or into the Development area, and size or configuration and operation of the Development as a whole.2. Appointment of a Traffic control officer.3. Restrictions concerning the grade or location of driveways and provision for the sharing of a driveway access point by two or more properties.4. Installation of Traffic warning, speed limit, and directional signs.5. Clearing of signs, brush or other obstructions near entrance-ways to insure visibility for adequate sight distances.6. Construction of frontage roads or turning lanes.7. Improvements (i.e. changes in road access, geometry or operations) to any intersection or road in the Study Area of the proposed Development when any of the following criteria are met:a. The intersection or road has been determined to be unsafe or to operate at Level of Service E or F;b. The warrants are met for signalization;c. There is inadequate storage lane capacity for turning Traffic; ord. There is a need for bicycle and pedestrian facilities to meet acceptable multi-modal level of service. If the required road and intersection improvements are located on municipally owned roads, the Applicant must demonstrate that the municipality has authorized the improvements.
8. Also, as a condition of approval, the Department may require that the Development schedule include a timeline to construct/finish transportation system improvements.9. Additionally, the Department may restrict its approval of the TMP Application to those Development phases projected to mature within five years of the date of approval. NOTE: Where approval is restricted to the initial phase or phases of a multi-phase Development, an updated and revised Section 7 Traffic Study must be submitted to the Department for review and approval prior to commencement of subsequent phases. In these cases, monitoring of Traffic generated by the initial phase or phases could result in adjusted Traffic projections for later phases.
F.Implementation of Off-Site Traffic Improvements. Required improvements to roads or intersections in the Study Area of the proposed Development must be constructed and implemented prior to initial occupancy of the Development except as provided below: 1.A Municipal Impact Fee Is Applied. For this exception to apply, the applicant must demonstrate the following:a. Impact Fee Ordinance. The municipality in which improvements are needed has adopted an impact fee ordinance pursuant to 30-A M.R.S.§4354;b. Impact Fee Payment. The Applicant has paid or will pay an impact fee pursuant to the ordinance;c. Impact Fee Use. The impact fee will be used to make the improvements required by the Department; and d. Department Approval. The improvement plan has been reviewed and approved for implementation by the Department.2.A Non-municipal Funding Mechanism is Applied. For this exception to apply the Applicant must demonstrate the following:a. Mechanism established. A non-municipal funding mechanism has been established to apportion the cost of the needed improvements;b. Pro-rata Share. The Applicant has contributed or will contribute a pro-rata share of the cost of the improvements;c. Fund Sufficient. The amount of the fee, together with fees reasonably expected from other Developers and government agencies, will be sufficient to fully fund the improvements;d. Department Approval. The improvement plan has been reviewed and approved for implementation by the Department;e. Local Approvals. The improvement plan has received all necessary local approvals, including funding authorizations; and f. Schedule. The improvements are scheduled for implementation within three years of the initial occupancy of the Development.; or3.A MaineDOT Imposed Impact Fee or in Lieu fee is Applied. For this exception to apply, the Department must have done one the following: a. Imposed an Impact Fee on the Applicant in addition to and/or in lieu of mitigation; orb. Imposed an Impact Fee on the Applicant for impacts at Critical Intersections; orc. Imposed an Impact Fee to help implement Transportation Demand management strategies, which may include ridesharing, carpooling, vanpooling, mass transit and modified work schedules. 4.Department or Municipal Sponsored Projects. The Department has determined that Mitigation can be accomplished through an already scheduled MaineDOT or municipal Project or through a MaineDOT or MPO sponsored MPI or BPI Project. For this exception to apply the Applicant and the Department must agree that the necessary Traffic improvements will be implemented by the responsible party within three years of the initial occupancy of the Development.5.Transportation Demand Management Techniques. The Department determines that Transportation Demand Techniques to be implemented by the Applicant, Municipality, or the Department (e.g. ridesharing, carpooling, vanpooling, mass transit and modified work schedules), that will offset the need for off-site Traffic improvements.G.Variances. Whenever an Applicant or licensee seeks to vary from the design requirements of these Rules, the Applicant or licensee must present clear and convincing evidence that the Project's proposed location, design, or construction is distinctive in a way that allows for compliance with the intent of these design requirements, and will not result in unreasonable congestion or unsafe conditions on a road within the Study Area of the proposed Project. Variances, including Alternative Design Exceptions, may be allowed for Section 7 and MaineDOT, in its sole discretion, will make the sole call on whether a variance is allowed. The Department maintains the discretion to accept variances for other sections dealing with design standards. C.M.R. 17, 229, ch. 305, pt. 7