Subject
title
Introduction of an Ordinance to Repeal and Replace Rockville City Code Chapter 21, Streets, Roads, Rights-of-Way, and Public Improvements; and discussion of Chapter 21 and the City Transportation Regulations (CTR)
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Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council introduce an ordinance to repeal and replace Rockville City Code Chapter 21, Streets, Roads, Rights-of-Way, and Public Improvements, to incorporate comprehensive revisions and administrative updates for all articles, and discuss changes to Chapter 21 and the City Transportation Regulations.
Change in Law or Policy
The adoption of the new code will replace the existing Ordinance (Chapter 21) in its entirety. Revisions to the City Transportation Regulations (CTR) will supersede the existing Resolution (No. 15-18).
Discussion
This work session introduces an ordinance to repeal and replace Chapter 21 of the City Code and seeks direction from the Mayor and Council on revisions to Chapter 21 and the CTR. Although they are separate documents, Chapter 21 and the CTR are presented together for efficiency, as the FAST2 initiative recommended revisions to both. The proposed revisions are designed to improve procedural efficiency and provide applicants and prospective developers with greater predictability of requirements. Chapter 21 and CTR revisions will establish clear code authority, authorize administrative authority as may be appropriate for streamlining workflows, and create CTR exemptions for small-scale developments to advance FAST goals.
Chapter 21
Chapter 21 of the Rockville City Code regulates the City’s streets, roads, rights-of-way and certain public easements by establishing requirements for the design of road sections and the permitting, construction, installation, repair, and restoration of infrastructure, including public and private improvements located in rights-of-way and easements.
Staff proposes comprehensive amendments to Chapter 21, colloquially referred to as the “Road Code,” to advance the City’s priorities of public safety, affordable housing, and economic development by modernizing development standards, improving accessibility, and streamlining the approval process for projects that are consistent with current planning and engineering practices. Revisions are proposed in synchronization with the recently adopted Zoning Ordinance Rewrite (ZOR).
This report summarizes and discusses key updates made throughout the Road Code. The draft ordinance is included with this report as Attachment 1. A redline version is also provided in Attachment 2. Changes corresponding with specific direction from the Mayor and Council at the Chapter 21 worksession (July 27, 2026) and Transportation and Mobility Commission (August 25, 2026), are denoted in red italics.
Article I
Article I introduces the chapter with a newly added statement of purpose (Sec. 21-1) to frame and contextualize the code. Specific references to Master Plans and transportation policies (e.g., Complete Streets, Vision Zero, etc.) have been added to more clearly establish a nexus to the standards and specifications of streets.
The scope (Sec. 21-2) has been updated to clarify applicability of the code and to distinguish vehicular travel ways as either a street, regulated by Chapter 21, or a drive aisle or driveway which are defined and regulated by the Zoning Ordinance. The common use of certain vehicular travel ways which are either necessary for the general public’s primary access or are primarily utilized for a site’s operational services (e.g., deliveries, loading, or refuse and recycle collection) are better suited to follow a road standard rather than a parking lot standard. Any street, whether it is public or private, leading to or connecting with more than two record lots will be regulated by this ordinance.
Definitions (Sec. 21-3) have been updated and expanded with several key terms, notably including Bicycle and Pedestrian Facility, Improvement, Street, and Utility Company. Descriptions of street classifications have been relocated to their respective standards sections under Article IV, Division 2.
The Code requires Standards and Specifications (Sec. 21-4) to be established by the Director for the planning, design, construction, maintenance, and operation of streets, rights-of-way, and public improvements. The published Standards and Specifications generally include all engineering details, index prices, notes, roadway sections, manuals, procedures, technical documents, and templates. DPW will be updating the Standards and Specifications following the code adoption process to align with the adopted revisions. As was discussed with both Mayor and Council and the TMC, DPW will incorporate new Standards and Specifications in recognition of nationally published guidelines for right-of-way accessibility (PROWAG).
As supported by Mayor and Council at the Chapter 21 worksession, a new provision creates limited administrative authority for the acquisition of rights-of-way and easements associated with City public improvements for streets, pedestrian and bicycle facilities, and utilities (Sec. 21-5). Administrative approval will streamline processes, but it does not in any way limit or restrict Mayor and Council’s existing power or authority to acquire any property. At the request of Mayor and Council, and based on similar practices within other City codes, Chapter 21 will require periodic reports to the Mayor and Council of acquired rights-of-way and easements.
The draft code incorporates changes to private streets that were supported by the Mayor and Council at the Chapter 21 worksession. Specifically, all new streets will be public, except where specifically authorized to be private. The classification and ownership of all existing streets at the time of adoption will not change from their current designation.
Private streets will remain subject to the provisions of Chapter 21, including requirements to meet Standards and Specifications, obtain permits, and require the grant of a public access easement (Sec. 21-6). Private streets will be allowed for the following uses:
• Residential alleys,
• A government, higher education, military, or similar type, non-residential campus,
• Two or more residential apartment buildings, and
• Within a mixed-use zone that does not, in the present or future, benefit the public with transportation network capacity, utility services, nor provide necessary access and circulation for residential uses.
The attached draft also incorporates changes to access and frontage requirements and alley definition and exceptions, as supported by the Mayor and Council at the Chapter 21 worksession. Changes to access and frontage requirements for low density residential units are specified by Sec. 21-7. The definition of an alley has been changed to allow it to serve as the primary access to single-unit detached, townhome, and multiplex units under certain conditions. An exception is also being allowed for a shared private driveway to single-unit detached, townhome or multiplex units across multiple record lots as envisioned by ZOR. A shared private driveway that does not exceed 150 feet in length maintains fire department access requirements while avoiding the burden of greater street classification and dedication requirements for right-of-way.
Article II
Article II contains the City’s permitting requirements for any work that is proposed in streets, rights-of-way, or easements. The current practice of issuing permits and obtaining right-of-way agreements for private improvements within right-of-way are codified in the draft under Sec. 21-18 and Sec. 21-19.
Based on the positive feedback of the Mayor and Council, administrative approval using template agreements is included for (a) temporary improvements, typically associated with private construction and maintenance activities; (b) permanent improvements proposed by a development plan, including balconies projecting into Business District roads, electric vehicle charging stations, signs, and urban streetscape furnishings; and (c) residential homeowner (non-commercial) improvements, such as for drainage, electric vehicle charging stations, or landscaping. All other requests will remain subject to Mayor and Council approval.
Administrative changes to bonds (Sec. 21-20), permit conditions (Sec. 21-21), approval revisions (Sec. 21-22), permit duration (Sec. 21-23), violations, enforcement (Sec. 21-24), and appeals (Sec. 21-25), provide improvements consistent with current and best practice.
Article III
Every permit issued by DPW contains project-specific and standard conditions of approval and typically an engineered plan approval governing the proposed work. The construction of public improvements and the protection and restoration of any existing City-owned and maintained infrastructure within the limits of work is guaranteed by the posting of a performance security or bond. The city continues to hold the bond until the permittee fulfills all obligations of the permit conditions and applicable City Code, including the approval of as-built plans and reports, recordation of easements and agreements, resolution to any enforcement actions, and compliance with approved plans, as determined by final construction inspections and culminating in the City’s acceptance of work.
Language in Article III has been updated to differentiate City acceptance procedures of infrastructure to be owned and maintained by the City versus the private improvements constructed within City rights-of-way or easements but that will be owned and maintained by an adjoining landowner in accordance with the terms of a right-of-way agreement.
Article IV
The changes in Article IV of the draft allow greater flexibility to street design.
Sec. 21-41 contains changes to allow for administrative approval of certain Road Code waivers, based upon concern raised by staff and the development community and supported by the Mayor and Council at the previous worksession. With administrative approval of certain dead-end roads (Sec. 21-45) staff hope to stimulate improved site layout and greater potential for development.
The draft code contains other changes for Director approval of technical elements concerning slopes and drainage structures, and increasingly common requests to waive certain roadway widths. The most frequently requested and supported waiver is the removal of an on-street parking lane (Sec. 21-59), and in such cases, the decision is typically dependent on the adequacy of visitor parking publicly available within a residential development and in excess of the minimum Zoning Ordinance requirements.
Any request for waiver concerning the width of a right-of-way or public access easement of a private street will continue to require Mayor and Council approval. Waiver requests will be held to the same findings regardless of the approving authority.
A prohibition against new one-way streets (Sec. 21-44) has been added as a method of promoting better traffic circulation and road safety. Requirements for driveway access (Sec. 21-47) have been expanded to also improve road safety.
Changes to allow encroachments, including building signs (Sec. 21-49) and balconies on Business District streets (Sec. 21-50) were added in support of higher density development and where the Zoning Ordinance does not require a building setback from the right-of-way. At the request of Mayor and Council, and in support of a request by 41 Maryland Avenue development, staff from the Departments of Public Works, Community Planning and Development Services, and Recreation and Parks carefully examined when balconies can be allowed in the right-of-way.
The draft code allows balcony encroachments in Business District streets under certain conditions, i.e., a ten-foot sidewalk where the projection does not exceed four feet past the property line. Staff believe this limitation will not impact street trees and other public infrastructure.
The Classification and Minimum Requirements, Division 2 of Article IV, contains the City’s definitions and standard widths of streets. With support from Mayor and Council, the street classification procedures (Sec. 21-57) were revised with a more streamlined administrative approval authority and to be more clearly dependent on separately adopted land use and zoning. General requirements for all streets were consolidated (Sec. 21-58) and new language added to describe what design modifications may be considered (Sec. 21-59). Modifications to the Standards and Specifications of a street will remain subject to the Director’s approval (Sec. 21-4), except where such changes would not meet the minimum code requirements for right-of-way and paving widths and therefore require a waiver approved by the Mayor and Council.
The primary changes to the minimum street requirements in Sec. 21-60 through Sec. 21-66 of the code include:
1. Increasing the minimum paving width of alleys by 4 feet based on minimum travel lane widths.
2. Reducing the right-of-way width of arterial roads by 4 feet and secondary industrial roads by 2 feet by narrowing the width of lanes and thereby promoting slower traffic speeds.
3. Increasing the minimum pavement width of secondary residential roads by 3 feet while maintaining the minimum 60-foot right-of-way.
As previously mentioned, DPW will be updating the Standards and Specifications concurrent with and immediately following the code amendment process to align with the adopted revisions to minimum street requirements Staff will consistently apply minimum 8-foot tree lawn and 5-foot sidewalk widths to all street sections that do not already have them. Wider sidewalks will continue to be required on primary residential (6-foot) and business district roads (10-foot). A slightly reduced radius for residential cul-de-sacs will preserve more property for private development.
To maintain adequate fire and rescue access to zones with limitations on vehicular access (Zoning Ordinance, Section 25.8.2.2.(b)), a new road classification for Emergency Access Drives is included in draft Sec. 21-66. A standard roadway section detail will be developed in coordination with the Department of Public Works, Inspection Services, and Fire Marshal’s Office. To address concerns raised during the community outreach session, the Standards and Specifications will require barricades and reduced pavement widths to physically restrict unauthorized vehicular access.
Article V
The procedures for temporary and permanent street closings have been clarified within Article V. Since the process of permitting street closures (other than for a Public Event License) is routinely reviewed and approved by DPW already, the code amendment will authorize administrative approval of all other temporary closings (Sec. 21-82). Based on the feedback received, the draft code requires DPW to inform the Mayor and Council, including the purpose and effects of the closing, of any temporary street closings of 18 months or longer.
City Transportation Regulations (CTR)
The City Transportation Regulations (formerly the Comprehensive Transportation Review) (CTR) implements the Adequate Public Facilities Ordinance (APFO) for transportation and ensures development allows acceptable traffic flow adjacent to the site. Specific updates to the CTR were previously requested by the Transportation and Mobility Commission (TMC) in a letter to Mayor and Council in November 2023.
The purpose of updating the CTR is to simplify the document to policy level regulations, to streamline certain requirements for smaller development projects, and adjust thresholds for the Transportation Improvement Fees. The draft CTR (Attachment 3) includes the Transportation Review Requirements, the Adequacy/Capacity Analysis, the Mitigation Requirements, the Transportation Improvement Fees, and the Multimodal Infrastructure Contribution for developments generating 350 trips or more Peak Hour Net Trips.
Following Mayor and Council adoption of the CTR, staff will separately publish new Transportation Development Guidelines. The Guidelines will include detailed steps for the applicant to follow in order to complete the transportation review process.
The following summarizes the changes in the draft CTR, which require Mayor and Council approval.
Capacity Mitigation
The current CTR requires capacity mitigation on any intersection that the development application proposes to add more than 10% capacity to that intersection, even if the intersection is projected to operate at acceptable thresholds with total traffic.
The proposed CTR eliminates the need to mitigate capacity for an intersection when the development is adding more than 10% capacity to that intersection but the projected level of service with total traffic is within acceptable thresholds. Roadway changes to increase vehicular capacity are often not pedestrian and bicycle friendly, therefore they should not be made unless the intersection will not operate at acceptable levels.
Reports and Analysis
The current CTR requires that all applications, including those with less than 30 peak hour net trips, submit a Transportation Report. For developments generating less than 30 peak hour net trips, a limited on-site report is required to summarize site access, site frontage transportation features, and on-site parking, pedestrian and vehicular facilities.
The draft CTR contains the following changes:
• Applications with 30 or less peak hour net trips and up to 50 total peak hour trips (prior to the reduction of any vested or credited trip - if applicable) are not required to submit an on-site report. Staff will continue to review, under the site plan process using the requirements of Chapter 21 and Chapter 25, frontage and onsite multimodal access routes, etc.
• Applications with 30 or less peak hour net trips and more than 50 total peak hour trips (prior to the reduction of any vested or credited trip - if applicable) would be required to analyze two intersections closest to the subject site. The purpose of this analysis is to identify potential issues but will not be used to require capacity mitigation.
Transportation Improvement Fee
The CTR currently requires all applicants adding 30 or more peak hour net trips to pay a Transportation Improvement Fee (TIF). This means a large portion of redevelopment applications, including some large projects because of prior approvals and regardless of the approval date, are not subject to TIF and are exempt from submitting any transportation adequacy reports.
The proposed CTR recommends that all applicants with more than 10 peak hour net trips, or 50 peak hour total trips (prior to the reduction of any vested or credited trip) are required to pay at occupancy the applicable TIF. This change is consistent with a request from the TMC.
Impact Statements
Equity
Chapter 21 seeks to prioritize public streets to promote equitable service across the City’s tax base. The CTR proposes to increase the number of development applications subject to the Transportation Improvement Fee to more equitably collect contributions that will fund bus shelters, sidewalks, and other pedestrian and bicycle improvements in the City. Finally, the changes propose to put pedestrians and bikers on a more equitable basis with vehicles.
Environment
The Standards and Specifications of all street classifications will be updated to require a minimum 8-foot-wide tree lawn for the planting of street trees. The code will permit private improvements within the right-of-way, which may include electric vehicle charging stations and landscape plantings maintained by the abutting homeowner.
Economy
Amending Chapter 21 and the CTR are specific action items of the FAST2 initiative. FAST (Faster, Accountable, Smarter, and Transparent - Improvements to Permitting and Development Review Processes) was endorsed by the Mayor and Council in October 2018 with the principal objective of facilitating housing and economic development through efficient and streamlined processes.
Mayor and Council History
This is the first time the Mayor and Council are introducing the ordinance to amend Rockville City Code Chapter 21, Streets, Roads, Rights-of-Way, and Public Improvements. This is also the first time the Mayor and Council are receiving a draft of the CTR. A work session discussing the proposed major changes was held with the Mayor and Council on July 27, 2026.
Public Notification and Engagement
Staff held a virtual community meeting with stakeholders, including developers, engineers, land use attorneys, urban planners, and the general public, on August 31, 2026. A Public Hearing with Mayor and Council is scheduled for October 26, 2026.
Boards and Commissions Review
Staff held a briefing with the Transportation and Mobility Commission (TMC) on August 25, 2026. Members of the Rockville Bicycle Advocacy Committee (RBAC) and Rockville Pedestrian Advocacy Committee (RPAC) were also invited to attend the TMC meeting. Staff will return to the TMC on October 27, 2026, to receive the Commission’s formal comments and recommendations to Mayor and Council.
Next Steps
Adoption Process
Following the introduction of the Ordinance, staff will schedule a Public Hearing for October 26, 2026. Staff will make changes to the draft Road Code and CTR based on the direction of the Mayor and Council and comments from the public and the Transportation and Mobility Commission. The Ordinance and CTR are tentatively scheduled to be brought back to the Mayor and Council for adoption on December 7, 2026.
Post-Adoption
1. Staff will make updates to the Standards and Specifications.
2. Staff will separately seek Mayor and Council approval of legal templates for certain easements and right-of-way agreements for private improvements.
3. Staff will publish CTR Guidelines detailing the steps for applicants to follow to complete the transportation review process.