Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 305 - RULES AND REGULATIONS PERTAINING TO TRAFFIC MOVEMENT PERMITS › Part 2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this chapter unless the context indicates
				  otherwise, the following terms have the following meanings.
Abutters.
Any property that shares a property
				  line with the Development Area or is directly across any roadway from the
				  Development Area.
Alternative Design Proposal.
A substitute
				  development design offered by the Applicant in cases where the application of
				  standard design requirements is unworkable due to distinct conditions of the
				  development or will clearly work against the intent of these Rules. Such
				  proposals may be considered and approved with or without conditions by the
				  Department as a Variance.
Applicant.
The person or entity filing the
				  application for a TMP. The terms "Applicant" and "Developer" may be used
				  interchangeably, only if the Developer has filed the application.
Application.
The information filed by the
				  Applicant in a form provided by the Department requesting the issuance of a
				  TMP.
Automatic Permit Expiration
. A permit will be
				  considered automatically expired if construction of the project has not begun
				  within a 5-year period or completed within a 7-year period of the date of
				  issuance. The Applicant must reapply for and receive approval prior to
				  continuing construction or opening a facility.
Business District.
The portion of a municipality
				  in which the dominant land use is for intense business activity. A municipality
				  may have more than one business district or none at all.
Business Partnering Initiative (BPI).
The BPI is
				  a MaineDOT construction funding program as defined in the MaineDOT's Business
				  Partnering Initiative Municipal Guide.
Capacity Analysis
. A determination of the Level
				  of Service of an intersection or roadway segment using acceptable methodologies
				  approved by MaineDOT as referenced in the MaineDOT Traffic Analysis
				  Guidelines.
Common Scheme of Development.
Common Scheme of
				  Development means a plan or process which:
1. Takes place on contiguous or non-contiguous parcels or
				  lots in the same immediate Vicinity; and
2. Exhibits characteristics of a unified approach, method or
				  effect such as:
a. Unified Ownership, management, or supervision;
				  and/or
b. Sharing of common equipment or labor; and/or
c. Common financing.
Consolidated Review.
The type of review of
				  combined permits when a Development requires both a Traffic Movement Permit
				  from MaineDOT and a site law permit from the Maine Department of Environmental
				  Protection (M.D.E.P.) M.D.E.P. shall be the lead agency for a consolidated
				  review of combined permits and, therefore, will issue the joint permit. The
				  Applicant is required to meet the criteria of both Departments' application
				  processes. The appeals process is more complicated under Consolidated Review
				  and is governed by M.D.E.P. Rules.
Critical Intersection
. An intersection that, if
				  impacted by increased traffic, could have a negative effect on the traveling
				  public, the municipality and/or the business community.
Critical Rate Factor.
The ratio of the actual
				  crash rate at an intersection or road to the statistically calculated critical
				  rate.
Delegated Review
. The authority given to a
				  municipality to issue Traffic Movement Permits. See Part 3 for process and
				  criteria.
Delay
. The time lost, measured in average
				  seconds per vehicle, while Traffic is slowed or impeded by congestion or
				  roadway elements
Department
. Maine Department of Transportation
				  (MaineDOT). The terms Department and MaineDOT may be used
				  interchangeably.
Designated Growth Area
. An area designated as a
				  growth area in a locally adopted growth management plan that is consistent with
				  M.R.S. Title 30-A, Chapter 187.
Developer Agreements
. If a proposed Project
				  abuts the State's highway system and the Department requires improvements to
				  the highway system as a condition of the issuance of a TMP, the Applicant and
				  MaineDOT will enter into a Developer Agreement setting out the process by which
				  the Applicant will obtain approval of the design plans and coordinate the
				  construction of the improvements through MaineDOT's Region Engineer with
				  jurisdiction over the municipality in which the improvements are taking place.
				  The Applicant must demonstrate through a Developer Agreement the financial,
				  legal and technical ability to develop such improvements.
Development Area
. The site proposed for
				  Development, excluding all off-site roadway segments and intersections beyond
				  the entrance or entrances.
Development.
Any single or mixed-use
				  construction, alteration or conversion of a site on a piece of property. The
				  terms "Development" and "Project" may be used interchangeably.
Entrance(s) and Exit(s).
Access ways used by any
				  and all modes of transportation to or from a property abutting a highway or
				  public way. As used herein, the terms include all driveways (e.g., private
				  residential, commercial and other nonresidential driveways), sidewalks, and
				  pathways. The terms do not include a street entirely within a subdivision. (As
				  used herein, the terms Entrances and Exits include the approaches to them and
				  the intersections created by them even if these areas include parts of the
				  state or local right of way.)
Estimated Annual Average Daily Traffic
. An
				  estimate of the total daily volume on a roadway segment for an average day of
				  the year.
Event. A recurring activity or series of attractions expected
				  to generate 100 or more passenger car equivalent (PCE) trips for more than 30
				  peak hours in a 12 month period.
Exception.
A waiver from a standard or
				  requirement due to circumstances outside of the Applicant's control and/or
				  unworkable or unsafe in a given circumstance. Exceptions will require the
				  substitution of Department-approved mitigation strategies, and/or fee payments
				  that meet or exceed default standards and are specifically authorized within
				  sections of this Rule.
Expedited Review.
A review process that an
				  Applicant may request regarding Projects that have known or negligible new
				  impacts to the roadway or Traffic conditions, including multimodal Traffic. See
				  Part 3 for process and criteria.
Grandfathered Trips
. Previously permitted or
				  unpermitted Trips that have been generated by the Development on a certain
				  parcel for more than 10 years. MaineDOT has determined that the Trip credits
				  will be given for the highest permitted/actual use of the Development that has
				  occurred over the past 10 years.
Horizon Year
. The anticipated opening year of
				  the proposed Development, assuming build-out and full occupancy.
Impact Fee
. A fee charged to an Applicant as
				  compensation for impact on a Critical Intersection or roadway section.
Interested Person
. This includes an Applicant, a
				  person who submits written comments concerning an Application or who requests,
				  in writing, receipt of materials related to an Application. The Department
				  shall maintain a list of Interested Persons for each Permit Application.
Level of Service (LOS).
A measure of the quality
				  of the operating conditions for any mode of transportation within a Traffic
				  stream as determined from a Capacity Analysis using methodology outlined in the
				  MaineDOT Traffic Analysis Guidelines.
MaineDOT Traffic Analysis Guidelines.
A set of
				  guidelines developed by MaineDOT to provide the traffic engineering community
				  with standards with which to administer the requirements of M.R.S. Title 23
				  § 704-A and this Rule.
Major Intersection.
An intersection controlled
				  by a traffic signal or the intersection of a state or state aid highway with
				  the road on which the entrance(s) for the Development is/are located. A
				  commercial entrance is not considered a Major Intersection.
Mode Split.
The proposed Project's
				  anticipated/estimated split among major transportation modes: walking,
				  bicycling, public transit, single-occupant motor vehicle, and multi-occupant
				  motor vehicle (e.g. vanpool, rideshare, taxi, Uber/Lyft, Ride Sharing
				  Venues).
Multi-Modal Study Area.
The Multi-Modal Study
				  Area (MMSA) focuses on the multi-modal transportation system that serves the
				  Study Area and provides access to the Project site. The Multi-Modal Study Area
				  includes major highways and roadways, intersections and interchanges,
				  pedestrian facilities, bicycle facilities and access, and public transit
				  network. Geographic requirements are provided in Part 5.
Multi-Modal Trip.
A Person Trip that is either a
				  walk, bicycle, or transit Trip.
1. A walk Trip is an inbound or outbound Person Trip for
				  which the greatest distance between the Trip origin and Trip destination is
				  traveled on foot or on any type of assistive device (e.g., wheelchair, walker,
				  skates, scooter, Segway, skateboard).
2. A bicycle Trip is an inbound or outbound Person Trip for
				  which the greatest distance between the Trip origin and Trip destination is
				  traveled by a bicycle (or any pedal-powered vehicle).
3. A transit Trip is an inbound or outbound Person Trip that
				  crosses the Site Cordon Line in a transit vehicle or for which the greatest
				  distance between the Trip origin and Trip destination is traveled in a transit
				  vehicle (e.g., public bus, private bus or shuttle, rail car, ferry boat). A
				  Person Trip made in a carpool, vanpool, taxi or micro transit (e.g. Uber, and
				  Lyft) is considered a Vehicle Trip.
Municipal Partnering Initiative (MPI).
The MPI
				  is a MaineDOT construction funding program as defined in the MaineDOT's
				  Municipal Partnership Initiative Municipal Guide.
Pass-By Trip.
A Vehicle Trip made as an
				  intermediate stop on the way from an origin to a primary Trip destination
				  without a route diversion. A Pass-By Trip is created by Traffic passing the
				  site on an adjacent street or roadway that offers direct access to the Traffic
				  generator. A Pass-By Trip is not diverted from another roadway that is not
				  adjacent to the site.
Passenger Car Equivalents (PCE's).
The number of
				  passenger cars or, in the case of non-passenger vehicles, the number of
				  passenger cars that would be displaced by non-passenger car vehicles. See
				  MaineDOT Traffic Analysis Guidelines for conversion factors.
Passenger Car Equivalents at Peak Hour.
The
				  number of passenger cars or, in the case of non-passenger vehicles, the number
				  of passenger cars that would be displaced by non-passenger vehicles, at that
				  hour of the day during which the Traffic volume generated by the Development is
				  higher than the volume during any other hour of the day. See
				  23 M.R.S.
				  §704-A.
Peak-Hour.
The hour of the day during which the
				  Traffic volume at an intersection or on a roadway segment is higher than the
				  volume during any other hour of the day.
Person Trip.
A Trip made by any mode of travel
				  by an individual person from an origin to a destination. Every Trip made
				  anywhere by a person is a Person Trip. For instance, if three people leave a
				  Development site in a single vehicle, this is counted as three Person
				  Trips.
Project
. Any single or mixed-use construction,
				  alteration or conversion of a site on a piece of property. The terms "Project"
				  and "Development" may be used interchangeably.
Scoping Meeting
. A meeting to evaluate the
				  nature and extent of impacts of a proposed Project and the level of information
				  and study warranted.
Shared Trip
. A "Shared Trip" is a Person Trip
				  made between two distinct on-site land-uses at a mixed-use site without using
				  an off-site road system.
Such as an internal trip can be made by personal passenger
				  vehicle, truck, walking, bicycling, or transit. A Shared Trip is a tool for
				  reducing Trips on the roadway for mitigation purposes only. A Shared Trip
				  cannot be a factor in whether a Development meets the Trip threshold for
				  requiring a Traffic Movement Permit.
Site Cordon Line
. A real or imaginary boundary
				  around a designated site or specific area that, when crossed by a vehicle or
				  person, captures every Trip that enters or exits the site.
Study Area.
The area defined in Specific
				  Submission Requirements Part 6, Section C. The scope of the Study Area may be
				  further refined by MaineDOT at the Scoping Meeting.
Note: See also
				  Multi-Modal Study Area.
Title, Right or Interest
. This term refers to
				  Applicant's ownership of or enforceable right to acquire the property rights
				  necessary for the Development. Specific ways to effectively demonstrate this
				  legal authority are outlined in Part 6.
Traffic.
Vehicles, pedestrians, bicycles and
				  multimodal conveyances moving along a road or public highway.
Traffic Crash
. A motor vehicle crash that
				  results in property damage exceeding $1,000 or physical injury of any
				  type.
Traffic Attributable to a Development.
Net new
				  Traffic volumes and associated Traffic patterns generated as a result of a
				  proposed Development.
Traffic Movement of All Types
. Any mode of
				  travel, including pedestrian, bicycle, bus, ferry, aviation, rail, or
				  automobile.
Traffic Movement Permit
. The permit issued by
				  the Department under
				  23 M.R.S.
				  §704-A and this Rule, at times referred
				  to as the "TMP".
Traffic Movement Permit (or TMP) Modification.
A
				  review and approval process used to address changes in facts presented within
				  the original approved Application either prior to or following the development
				  being constructed.
Traffic Movement Permit (or TMP) Rule.
Chapter
				  305 of the General Rules of the Department of Transportation (this
				  rule).
Traffic Signal
. A power-operated control device
				  by which Traffic is regulated, warned, or alternately directed to take specific
				  actions. See
				  29-A M.R.S.
				  §2057.
Traffic Study
. A quantitative analysis by
				  qualified traffic engineers to determine whether the existing roads and
				  intersections in the Vicinity of the proposed Development have the capacity to
				  handle Traffic attributable to the Development.
Transportation Demand Management Techniques.
Measures taken to reduce or spread peak hour Traffic over a longer period of
				  time. Such measures include, but are not limited to, micro transit,
				  ridesharing, carpooling, vanpooling, mass transit, telecommuting policies and
				  modified work schedules.
Trip.
A single or one direction person or
				  vehicle movement with either the origin or destination inside the Development
				  Area.
Urban Compact.
A built-up portion of a town/city
				  as described in
				  23 M.R.S.
				  §754.
Vehicle Trip.
The movement of an inbound or
				  outbound personal passenger vehicle or truck, carrying one or more passengers,
				  across the Site Cordon Line. A person crossing the Site Cordon Line as a
				  pedestrian in conjunction with an overall Trip made primarily in a personal
				  passenger vehicle or truck will be counted as a Vehicle Trip. If, for example,
				  a person drives a personal passenger vehicle from home, parks off-site, and
				  walks from the parking facility to an office building, the trip (at both ends)
				  is considered a Vehicle Trip.
Vicinity.
The area defined by the limits of the
				  threshold volumes traced along the highway network. This can be limited to the
				  next major intersection or driveway/entrance depending on the nature of the
				  development in the Development Area. The Vicinity is used to help define the
				  study area.