Prince George’s County Bill Threatens Trail Easements

LETTERS NEEDED TO OPPOSE ANTI-TRAIL EASEMENT BILL

 

If you live in the district of one of the committee members, it is especially important for you to let your council member know that you oppose the bill.

PZED Committee Members:

Samuel H. Dean, Chair (District 6) SHDean@co.pg.md.us, (301) 952-3426

Eric C. Olson, Vice Chair (District 3) EOlson@co.pg.md.us, (301) 952-3060

Marilynn M. Bland (District 9) mmbland@co.pg.md.us, (301) 952-3820

Thomas E. Dernoga (District 1) TEDernoga@co.pg.md.us, (301) 952-3887

Camille A. Exum (District 7) CAExum@co.pg.md.us, (301) 952-3690

Letters can be mailed to:

The Honorable Marilynn M. Bland

Chairperson, Prince George’s County Council

14741 Governor Oden Bowie Drive

Upper Marlboro, MD 20772

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AN ACT
concerning

Public Trails

For the purpose of restricting the
location of public trail easements on private lots.

BY repealing and reenacting with
amendments:

SUBTITLE 24.
SUBDIVISIONS.

Section 24-123,

The Prince
George’s County Code

(2007 Edition,
2008 Supplement).

SECTION 1. BE IT ENACTED by the
County Council of Prince George’s County, Maryland, that Section
24-123 of the Prince George’s County Code be and the same is hereby
repealed and reenacted with the following amendments:

SUBTITLE 24.
SUBDIVISIONS.

DIVISION 4.
REQUIREMENTS: TRANSPORTATION AND CIRCULATION.

Sec. 24-123. General requirements.

(a) The
Planning Board shall require that plats conform to the following:

(1) The
rights-of-way of all highways, streets, and transit facilities shown
on the General Plan, functional master plans, and area master plans
shall be shown on the preliminary plat and, when reserved or
dedicated, shown on the final plat.

(2) All
proposed streets shall be continuous and in alignment with existing
or platted streets in adjoining subdivisions so as to create a street
network that is functional and easily understandable. Generally,
streets should cross other streets at right angles.

(3) All
internal subdivision streets shall be wholly within the County and
shall not be designed to directly connect to an adjacent county
unless the applicant has obtained the prior written approval of the
District Council and the appropriate land use authority of the
adjacent County.

(A) An
applicant must file a written request for said approval. The request
shall be filed with the Clerk of the District Council. The District
Council must either approve or disapprove said request within
forty-five (45) days from the date of filing. Failure of the
District Council to act within said forty-five (45) day period shall
constitute an approval of the request. For purposes of this
provision an internal subdivision street shall be deemed to be a
public roadway having a right-of-way width of eighty (80) feet or
less.

(B) After
public hearing before the District Council, the Council shall not
allow the proposed bi-county subdivision unless it finds that
delivery of public safety services, utility services, and tax
collection will be timely and adequate for the lots in Prince
George’s County.

(4) All
streets proposed for dedication to public use shall be designed to
the standards of the County road ordinance and street standards for
width and minimum curve radii or to the standards of municipalities
having jurisdiction. Variations from these standards may be granted
by the Planning Board upon the recommendation of the Department of
Public Works and Transportation or upon the recommendation of the
municipality or other governmental authority having jurisdiction.

(5) Arterial
highways shall have a minimum right-of-way width of one hundred and
twenty (120) feet; collector streets, a minimum right-of-way width of
eighty (80) feet; and parkways, such right-of-way width as may be
designated by the Planning Board. The width of secondary subdivision
streets shall be not less than fifty (50) feet and the width of
primary subdivision streets not less than sixty (60) feet.

(6) Land
for bike trails and pedestrian circulation systems shall be shown on
the preliminary plat and, where dedicated or reserved, shown on the
final plat when the trails are indicated on a master plan, the County
Trails Plan, or where the property abuts an existing or dedicated
trail, unless the Board finds that previously proposed trails are no
longer warranted. Notwithstanding the above, an easement for bike
trails and pedestrian circulation systems shall not be created on
individual residentially zoned lots.

(7) Bike trails and
pedestrian circulation systems constructed on easements held on
residentially-zoned property shall comport with the following
requirements:

(A) Landowners within
one-half mile of the subject residential property for the proposed
trail must be notified via first-class mail of the pending
construction of the trail. The notice shall contain a list of
subject properties on which the proposed trail will be situated, as
well as the date for the public hearing. Signs notifying the public
of the proposed bike trail shall be posted on the subject property
and shall comport with the requirements of Section 27-125.03 of the
Zoning Ordinance;

(B) Upon thirty (30) days
notice, a public hearing shall be held before the Planning Board on
the proposed bike trail and pedestrian circulation system. At the
conclusion of the public hearing, the record shall remain open for a
period of fifteen (15) days to allow for public comment on the
proposed bike trail and pedestrian circulation system;

(C) On the portions of the
trail constructed employing easements on residential property, manned
security posts shall be provided at intervals of every one thousand
(1,000) feet. The posts shall be manned by members of the
Maryland-National Capital Park and Planning Commission Park Police;

(D) Locking barriers shall
be provided at the beginning and end of each residential area on
which trails are constructed on easements on residential property.
The barriers shall be locked during all hours the trail is not open
to the public; and

(E) Trails constructed on
easements on residential property shall be open to the public between
the hours of 9 a.m. and 4:00 p.m. daily.

SECTION 2. BE IT FURTHER ENACTED that
this Act shall take effect thirty (30) calendar days after it becomes
law.

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PLANNING,
ZONING AND ECONOMIC DEVELOPMENT COMMITTEE

March
18, 2009 – 10:00 a.m.

Room
2027

ORDER
OF PROCEEDING

a)
Presentation by Committee Staff

(including
comments received by the Committee)

b)
Comments from Sponsor

c)
Questions from Committee Members

d)
Comments from Agencies

e)
General Discussion

f)
Motion and Vote

AGENDA

LEGISLATION:

1.
CB-7-2009 (Dean) – An
Ordinance concerning Validity Periods for Detailed Site Plans and

Specific
Design Plans for the purpose of temporarily suspending or tolling the
validity periods of all

approved
applications for Detailed Site Plans and Specific Design Plans that
are currently in a

valid
status.

2.
CB-8-2009 (Dean) – An
Subdivision Bill concerning validity periods for Preliminary Plans of

Subdivision
for the purpose of temporarily suspending or tolling the validity
periods of all approved

applications
for Preliminary Plans of Subdivision that are currently in a valid
status.

3.
CB-9-2009 (Knotts) – A
Subdivision Bill adding an exemption from the requirement of filing a

subdivision
plat.

4.
CB-10-2009 (Knotts) – A
Subdivision Bill restricting the location of public trail easements
on

private
lots.

BRIEFING:

�� Zoning
Ordinance and Subdivision Regulations Comprehensive Amendments

• Arie
Stouten, M-NCPPC

• Henry
Zhang, M-NCPPC

PZED
Committee Members:

Samuel
H. Dean, Chair

Eric
C. Olson, Vice Chair

Marilynn
M. Bland

Thomas
E. Dernoga

Camille
A. Exum

oldId.20090311190239603