Traffic Impact and Mitigation

Baltimore City Code div. Building Codes, pt. II, ch. 38

in effect

Baltimore City Code, Building Codes, Part II, Section 3801 Definitions

Section 3801. Definitions 3801.1 General. In this Chapter, the following terms have the meanings indicated. 3801.1.1 Director. “Director” means the Director of the Department of Transportation or the Director’s designee. 3801.1.2 Gross floor area. “Gross floor area” means the area specified in Baltimore City Zoning Code § 1-306(j) {“Floor area: Gross (GFA)”}. 3801.1.3 Change in occupancy. “Change in occupancy” has the meaning stated in Baltimore City Building Code § 202.2.12. 3801.1.4 Traffic-Mitigation Zone. “Traffic-Mitigation Zone” or “Zone” means a geographic area designated by this Chapter for heightened review of the potential impact of development on the area’s transportation network. (Ord. 24-341 Section 1.)

Baltimore City Code, Building Codes, Part II, Section 3802 Scope of Chapter

Section 3802. Scope of Chapter 3802.1 {Reserved} 3802.2 Outside a Traffic-Mitigation Zone. A traffic-impact study is required for any proposed work outside of a Traffic-Mitigation Zone if the proposed work involves any 1 of the following: 1. an impact area that includes an intersection performing at Level of Service D or worse, 2. 50 or more dwelling units, or 3. a gross floor area that equals or exceeds: a. for a warehouse use, 100,000 sq. ft., or b. for any other use or combination of uses, 50,000 sq. ft. 3802.2.1. Determination of impact area. For purposes of this § 3802.2, an impact area must include the entire area located ½ mile or less from any point on the development’s property line, unless the Director, in accordance with the rules and regulations adopted under {§ 3803.1 of} this Chapter, determines that extraordinary circumstances exist that require that a larger impact area of up to 1 mile from the development’s property line be considered. 3802.3 Within a Traffic-Mitigation Zone. A Traffic-Mitigation Fee is required for any proposed new construction or change in occupancy within a Traffic-Mitigation Zone if the proposed work involves any 1 of the following: 1. 10 or more dwelling units, or 2. a gross floor area that equals or exceeds: a. for a warehouse use, 100,000 sq. ft., or b. for any other use or combination of uses, 50,000 sq. ft. 3802.4 DoT initial determination. Within 20 business days after an application has been referred to the Director of Transportation under § 105.3.1.2 {“Referral to assess need for traffic-mitigation”} of this Code, the Director must review the application and notify the referring official and the applicant: 1. whether and, if so, what additional information is needed to evaluate the application, or 2. if no additional information is needed: a. whether the proposed project is in a Traffic-Mitigation Zone, and if so,whether the developer of a project must pay a Traffic-Mitigation Fee under § 3806 {“Traffic-Mitigation Fee”} of this Chapter, b. whether, under the criteria set forth in this § 3802, a traffic-impact study will be required, and c. if a traffic-impact study will be required, the estimated expenses for undertaking or contracting for the study.

Baltimore City Code, Building Codes, Part II, Section 3803 DoT Rules and Regulations

Section 3803. DoT Rules and Regulations 3803.1 In general. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Transportation must adopt rules and regulations to carry out this Chapter. 3803.2 Contents. These rules and regulations: 1. must include: a. procedures for determining the number of trips to be attributable to projects in a particular Traffic-Mitigation Zone or Subzone, b. procedures for determining what constitute extraordinary circumstances requiring that an impact area of up to a 1 mile radius be considered for purposes of § 3802.2 {“Outside Traffic-Mitigation Zone”}, c. a schedule of the fees that an applicant may be charged under § 3804.3 {“Expenses”}, and, d. an accounting method, adopted in accordance with § 3807.5.3 {“Accounting method to be published”}, to identify what specific projects individual fees are obligated to for purposes of a review under § 3807.5.1 {“Review of fee use”}, 2. may establish: a. usage categories for determining the number of trips generated by differing uses within Traffic-Mitigation Zones, and b. procedures for designating, within Traffic-Mitigation Zones, Subzones with differing trip-generation formulas, and 3. may include any other procedures, standards, or requirements consistent with this Chapter. 3803.3 Public review. In accordance with § 4-301 of the City General Provisions Article, all proposed rules and regulations under this Chapter must be published for public comment for at least 45 days. During the public comment period the Director must hold 3 or more public hearings on the proposed rules and regulations, at least 1 of which must begin between 6 pm and 8 pm. 3803.4 Filing. A copy of all rules and regulations adopted under this Chapter must be filed with: 1. the Building Official, 2. the Zoning Administrator, 3. the Board of Municipal and Zoning Appeals, 4. the Director of Legislative Reference, and 5. the Director of Planning. (Ord. 24-341 Section 1.)

Baltimore City Code, Building Codes, Part II, Section 3804 Traffic-Impact Study

Section 3804. Traffic-Impact Study 3804.1 Scope of section. This § 3804 is applicable to all proposed projects located outside of a Traffic-Mitigation Zone. 3804.2 How conducted. 3804.2.1 By DoT or consultant. The Department of Transportation may itself undertake the study or contract with independent consultants for the study, as the Director considers necessary or appropriate. 3804.2.1.1 Consultant conflicts. For a consultant to be eligible to undertake a Traffic-Impact Study, the consultant must certify to the Director, in the manner prescribed by the Director, that the consultant is free of any conflicts of interest. 3804.2.1.2 Conflict defined. For purposes of this § 3804.2, a “conflict of interest” is defined as any consultant having materially participated in the development of the application or having worked for the applicant on any application within the prior 24 months. 3804.2.2 Scope of study. The area and scope of each study is to be determined by the Department of Transportation, in accordance with the rules and regulations adopted under § 3803 {“DoT rules and regulations”}. 3804.2.2.1 Minimum area of study. The area of a study required under this § 3804 must not be smaller than the impact area of the project, as determined using the method described in § 3802.2.1 {“Determination of impact area”}. 3804.3 Expenses. All reasonable expenses incurred in undertaking or contracting for the study must be paid by the applicant, and will be imposed and collected as provided in § 118 {“Liability for Expenses...”} of this Code for fees and service charges. 3804.3.1 Initial payment. Before the study begins, the applicant must pay the expenses estimated under § 3802.4 {“DoT initial determination”}. 3804.3.2 Balance. After the study is completed, but before any permit may be issued, the applicant must pay any difference between the initial amount paid under § 3804.3.1 and the actual expenses incurred for the study. 3804.3.2.1 Refund. After the study is completed, subject to appropriation by the Board of Estimates, the applicant is entitled to a refund of any payments made under § 3804.3.1 that exceed the actual expenses incurred for the study plus a reasonable service charge. 3804.4 Applicant’s option on delay. If the Traffic-Impact Study is not completed within 60 business days after the initial payment is made under § 3804.3.1: 1. the applicant may proceed to contract for the Traffic-Impact Study with a consultant selected from a list of consultants prequalified by the Department of Public Works’ Office of Boards and Commissions; and 2. subject to appropriation by the Board of Estimates, the applicant is entitled to a full refund of all fees paid to the City for the uncompleted Traffic-Impact Study. 3804.5 Mitigation. The applicant and the Department of Transportation must negotiate in good faith to determine who must pay for and undertake the actions necessary or appropriate to mitigate the adverse traffic impacts identified in the Traffic-Impact Study. If no agreement is reached, the application is not approved.

Baltimore City Code, Building Codes, Part II, Section 3805 Traffic-Mitigation Zones

Section 3805. Traffic-Mitigation Zones 3805.1 Purpose of Zones. Areas designated as Traffic-Mitigation Zones are areas that have overburdened and interrelated transportation networks and that are anticipated to experience significant development. Heightened review of development that might impact the transportation networks in these areas is therefore necessary. 3805.2 Traffic-Management Plans for Zones. The Planning Commission may adopt a 10-year traffic-management plan for each Traffic-Mitigation Zone and review and update each plan every 5 years. 3805.2.1 Required plan inclusions. Each plan must, among other things: 1. project the number of trips that reasonably might be expected to be generated in the Zone, based on new development (including redevelopment of vacant and underutilized parcels), 2. identify multimodal transportation solutions to mitigate the likely growth in traffic congestion, and 3. based on the Director’s recommendations, indicate what projects may be funded, in whole or in part, by Traffic-Mitigation Fees from the Zone. 3805.2.2 Plan exclusions. The plan may not include Traffic-Mitigation Fee funding for system preservation projects such as street resurfacing, reconstruction, or other projects not required to mitigate the growth in traffic congestion unless the system preservation projects are reasonably necessary to improve safety or capacity. 3805.3 Designated Zones. There are 5 Traffic-Mitigation Zones in the City of Baltimore. 3805.3.1 Downtown/Midtown Zone. The area within the following boundaries is the “Downtown/Midtown Traffic-Mitigation Zone”: BEGINNING for the same at the point formed by the intersection of the centerline of East North Avenue (varying in width), and the centerline of North Calvert Street, 60 feet wide; thence running with the centerline of said North Calvert Street with meridian reference to the Baltimore City Survey Control System, the following courses: (1) Southerly to the point formed by the geometric intersection of the centerline of said North Calvert Street, and the centerline of Interstate Route 83 Right-of-Way (roadway below); thence running with the centerline of said Interstate Route 83 Right-of-Way (2) Southerly to a point formed by the geometric intersection of the centerline of said Interstate Route 83 Right-of-Way and the centerline of The Fallsway, varying in width(roadway above); thence running with the centerline of said The Fallsway (3) Southeasterly to a point formed by the intersection of the centerline of said The Fallsway and the centerline of East Fayette Street; thence running with the centerline of said East Fayette Street (4) Westerly to a point formed by the intersection of the centerline of said East Fayette Street and the centerline of North President Street Corridor, varying in width; thence running with the centerline of said North President Street Corridor (5) Southeasterly, passing over East Baltimore Street at which point said North President Street Corridor becomes South President Street Corridor, varying in width; to a point formed by the intersection of said South President Street Corridor and the centerline of Fleet Street, varying in width; thence departing lastly mentioned point and running with the centerline of Felicia Street Corridor (6) Southeasterly to the center of Albemarle Street Round-About; thence departing lastly mentioned point and running with Albemarle Street (7) Southeasterly to a point formed by the intersection of said Albemarle Street and the centerline of Lancaster Street; thence departing last point of intersection and running (8) Due South to a point on the South 52° 18’ 41” East, 1018.66 foot line as shown on a plat entitled “Pierhead and Bulkhead Lines, Baltimore Harbor, Maryland” Sheet 2 of 6, File 13 Map 849 dated July 13, 1950 and prepared by the Corps of Engineers, Baltimore District; thence running with said South 52° 18’ 41” East, 1018.66 foot line reversely and (9) Northwesterly to the beginning thereof and a point labeled VII, as shown on said plat; thence departing said point VII and running with the South 10° 17’ 58” East 424.29 foot line, reversely and (10) Northerly to the beginning thereof, and a point labeled VI, as shown on said plat; thence departing said point VI and crossing the Northwest Branch of the Patapsco River (11) In a Westerly direction to a point labeled LIV, as shown on said plat; said point LIV also being labeled 16 on a plat entitled “Harborview Subdivision Plan” and recorded among the Land Records of Baltimore City, Maryland, in Plat Book S.E.B., Page 3187; thence departing said point 16 (aka LIV) and running with the South 74° 47’ 38” East, 30.90 foot line, reversely and (12) In a Northwesterly direction to the beginning thereof and a Point labeled 15, as shown on lastly mentioned plat; thence running with the North 02° 06’ 20” West, 340.82 foot line reversely and (13) In a Southerly direction as shown on the lastly mentioned plat, and binding on, in part, the east side of the former bed of Covington Street, if projected, to a point formed by the intersection of the east side of said Covington Street and Key Highway; thence running with the centerline of said Key Highway (14) Westerly to a point formed by the intersection of the centerline of said Key Highway and the centerline of Light Street,82.5 feet wide; thence running with the centerline of said Light Street (15) Southerly to a point formed by the intersection of the centerline of said Light Street and the centerline of East Montgomery Street, 82 feet wide; thence running with the centerline of said East Montgomery Street (16) Westerly to a point formed by the intersection of the centerline of said East Montgomery Street and the centerline of South Charles Street, 66 feet wide; thence running with the centerline of said South Charles Street (17) Southerly to a point formed by the intersection of the centerline of said South Charles Street and the centerline of West Churchill Street, 20 feet wide; thence running with the centerline of said West Churchill Street (18) Westerly to a point formed by the intersection of the centerline of said West Churchill Street and the centerline of South Hanover Street, 66 feet wide; thence running with the centerline of said South Hanover Street (19) Northerly to a point formed by the intersection of the centerline of said South Hanover Street and the centerline of West Montgomery Street, 35 feet wide; thence running with the centerline of said West Montgomery Street (20) Northwesterly to a point formed by the intersection of the centerline of said West Montgomery Street and the centerline of South Sharp Street, 66 feet wide; thence running with the centerline of said South Sharp Street (21) Southwesterly to a point on the south side of West Henrietta Street, 66 feet wide; thence binding on and running with the south side of said West Henrietta Street (22) Northwesterly to a point on the west side of said South Sharp Street and the beginning of the second line of a parcel of land described in a conveyance from Congress Hall Square Limited Partnership, unto CHS Swim Club, Inc. by deed dated May 26, 1987 and recorded among aforesaid Land Records in Liber S.E.B. No. 1319, Folio 231; thence running with the second or North 70° 05’ 00” West, 99.74 foot line, (23) In a Northwesterly direction, as described in said deed, passing over the end thereof and crossing Interstate Route 395 to intersect the centerline of South Martin Luther King Jr. Boulevard; thence running with the centerline of said South Martin Luther King Jr. Boulevard, (24) Northerly, passing over West Baltimore Street at which point South Martin Luther King Jr. Boulevard becomes North Martin Luther King Jr. Boulevard, to a point formed by the intersection of the centerline of said North Martin Luther King Jr. Boulevard and the centerline of Madison Avenue, 66 feet wide; thence running with the centerline of said Madison Avenue, (25) Northwesterly to a point formed by the intersection of said Madison Avenue and the centerline of Dolphin Street, 100 feet wide; thence running with the centerline of said Dolphin Street, (26) Northeasterly to a point formed by the intersection of said Dolphin Street and the centerline of North Eutaw Street, 110 feet wide; thence running with the centerline of said North Eutaw Street, (27) Southeasterly to a point formed by the intersection of said North Eutaw Street and the centerline of 29th Division Street, 66 feet wide (formerly West Hoffman Street); thence running with the centerline of said 29th Division Street, (28) Northeasterly to a point formed by the intersection of said 29th Division Street and the centerline of Bolton Street, varying in width; thence running with the centerline of said Bolton Street, (29) Northwesterly to a point formed by the intersection of said Bolton Street and the centerline of said Dolphin Street; thence running with the centerline of said Dolphin Street, (30) Northeasterly to a point formed by the intersection of the centerline of said Dolphin Street and the centerline of North Howard Street, 80 feet wide; thence running with the centerline of said North Howard Street, (31) Northerly to a point formed by the intersection of said North Howard Street and the centerline of West North Avenue; thence running with the centerline of said West North Avenue, (32) Easterly, passing over North Charles Street at which point said West North Avenue becomes East North Avenue, to the place of beginning. 3805.3.2 Southeast Zone. The area within the following boundaries is the “Southeast Traffic-Mitigation Zone”: BEGINNING at a point formed by the intersection of the centerline of Orleans Street (U.S. Route 40), varying in width, and the centerline of North Patterson Park Avenue, 70 feet wide; thence departing said point so fixed and running with the centerline of said Orleans Street, with meridian reference to the Baltimore City Survey Control System the following courses: (1) Easterly to a point formed by the intersection of said centerline of Orleans Street (U.S. Route 40) and the centerline of Pulaski Highway (U.S. Route 40), varying in width, formerly being Philadelphia Avenue as listed in Ordinance #81, Dated April 24, 1944; thence running with the centerline of said Pulaski Highway (U.S. Route 40) (2) Easterly and Northeasterly to a point formed by the intersection of the centerline of said Pulaski Highway (U.S. Route 40) and the centerline of Erdman Avenue (Maryland Route 151), varying in width; thence running with centerline of said Erdman Avenue (Maryland Route 151) (3) South Easterly to a point formed by the intersection of with the centerline of said Erdman Avenue (Maryland Route 151) and the centerline of Baltimore Harbor Tunnel (Interstate Route 895) Right-of-Way; thence running with centerline of said Baltimore Harbor Tunnel Right-of-Way (4) Southerly to a point formed by the intersection of the centerline of said Baltimore Harbor Tunnel (Interstate Route 895) Right-of-Way and the centerline of East Lombard Street, 80 feet wide, (formerly known as Bayview Avenue as listed in Ordinance #302, Dated March 30, 1977); thence running with centerline of said East Lombard Street (5) Northerly and Easterly to a point formed by the intersection of the centerline of said East Lombard Street and the centerline of Kane Street, varying in width; thence running with the centerline of said Kane Street (6) North Easterly to a point formed by the geometric intersection of the centerline of said Kane Street (roadway below), and the centerline of Interstate Route 95, John F. Kennedy Memorial Highway, Right-of-Way (varying in width, roadway above); thence running with the centerline of said Interstate Route 95 (John F. Kennedy Memorial Highway) (7) Southerly and Westerly to a point formed by the geometric intersection of the centerline of said Interstate Route 95 - John F. Kennedy Memorial Highway,(roadway above), and the centerline of Gusryan Street (roadway below), 60 feet wide; thence running with the centerline of said Gusryan Street (8) Southerly to a point formed by the intersection of the centerline of said Gusryan Street and the centerline of O’Donnell Street, 60 feet wide; thence running with the centerline of said O’Donnell Street (9) Westerly to a point formed by the intersection of the centerline of said O’Donnell Street and the centerline of Broening Highway, varying in width; thence running with the centerline of said Broening Highway (10) Southerly to a point formed by the intersection of the centerline of said Broening Highway and the centerline of Keith Avenue, varying in width; thence running with the centerline of said Keith Avenue (11) Westerly running with the centerline of said Keith Avenue to a point formed by the intersection of said Keith Avenue and Interstate Route 95 (Fort McHenry Tunnel), as shown on Baltimore City Block Plat-Ward 1, Section 10, Block 1903-D, dated August 1963, varying in width; thence running with the centerline of said Interstate Route 95 (Fort McHenry Tunnel) (12) Southwesterly to a point formed by the intersection of the centerline of said Interstate Route 95 (Fort McHenry Tunnel) and the centerline of Northwest Branch; thence departing lastly mentioned point of intersection and running with the centerline of the Northwest Branch (13) Northerly and Westerly to a point formed by the intersection of the centerline of said Northwest Branch and a line crossing the Northwest Branch of the Patapsco River, if drawn between a point labeled VI and a point labeled LIV, both being shown on a plat entitled “Pierhead and Bulkhead Lines, Baltimore Harbor, Maryland” Sheet 2 of 6, File 13 Map 849 dated July 13, 1950 and prepared by the Corps of Engineers, Baltimore District; thence departing lastly mentioned point of intersection and running (14) In a Easterly direction to a point labeled VI, as shown on lastly mentioned plat; thence departing said point VI, binding on and running in a (15) Southerly direction with the South 10° 17’ 58” East 424.29 foot line as shown on lastly mentioned plat to end thereof and a point labeled VII; thence departing said point VII, binding on and running (16) In a Southerly direction with the South 52° 18’ 41” East, 1018.66 foot line as shown on lastly mentioned plat, to point formed by the intersection of said South 52° 18’ 41” East, 1018.66 foot line and a line drawn due south from a point formed by the intersection of the centerline of the former bed of Albemarle street, varying in width, and the centerline of Lancaster Street, 52 feet wide; thence departing last point of intersection and running (17) Due North to a point formed by the intersection of said former bed of Albemarle Street and the centerline of said Lancaster Street; thence departing last point of intersection and running with the centerline of former bed of said Albemarle Street (18) Northwesterly to the center of Albemarle Street Round-bout; thence departing lastly mentioned point and running with the centerline of Felicia Street Corridor (19) Northwesterly to a point formed by the intersection of thecenterline of said Felicia Street Corridor / South President Street Corridor and the centerline of Fleet Street, varying in width; thence running with the centerline of South President Street Corridor, varying in width (20) Northwesterly, passing over East Baltimore Street at which point said South President Street Corridor becomes North President Street Corridor, varying in width, to a point formed by the intersection of said North President Street Corridor and the centerline of East Fayette Street, varying in width; thence running with the centerline of said East Fayette Street (21) Northeasterly to a point formed by the intersection of the centerline of said East Fayette Street and the centerline of The Fallsway, varying in width; thence running with the centerline of said The Fallsway (22) Northerly to a point formed by the intersection of the centerline of said The Fallsway and the centerline of Hillen Street, 66 feet wide; thence running with the centerline of said Hillen Street (23) Northeasterly to a point formed by the intersection of said Hillen Street and the centerline of North Exeter Street, varying in width; thence running with the centerline of said North Exeter Street (24) Southwesterly to a point formed by the intersection of said North Exeter Street and the centerline of Orleans Street (U.S. Route 40), 66 feet wide; thence running with the centerline of said Orleans Street (U.S. Route 40) (25) Westerly to the place of beginning. 3805.3.3 South Baltimore/Middle Branch Zone. The area within the following boundaries is the “South Baltimore/Middle Branch Traffic-Mitigation Zone”: BEGINNING for the same at a point formed by the geometric intersection of the centerline of South Martin Luther King, Jr. Boulevard, varying in width, and the centerline of Russell Street (Baltimore-Washington Parkway MD 295/129), varying in width; thence running with centerline of said Russell Street with meridian reference to the Baltimore City Survey Control System, the following courses: (1) Southwesterly to a point formed by the geometric intersection of said centerline of said Russell Street (Baltimore-Washington Parkway MD 295/129) and the centerline of Interstate Route 95 (John F. Kennedy Memorial Highway), varying in width; thence running with the centerline of said Interstate Route 95 (2) Westerly to a point formed by the intersection of the centerline of said Interstate Route 95 and the centerline of the ramp from south bound South Monroe Street to said Baltimore-Washington Parkway (MD 295/129); thence running with the centerline of said ramp (3) Southerly to a point formed by centerline of said ramp and centerline of Southbound MD 295 (Baltimore-Washington Parkway); thence running with said Southbound MD 295 (Baltimore-Washington Parkway) (4) Southerly to a point formed by the intersection of said Southbound MD 295 (Baltimore-Washington Parkway) and the centerline of Waterview Avenue (MD Route 648), varying in width; thence running with the centerline of said Waterview Avenue (5) Westerly to a point formed by the intersection of centerline of said Waterview Avenue and the centerline of Annapolis Road (also MD Route 648), varying in width; thence running with centerline of said Annapolis Road (6) Southerly to a point formed by the centerline of said Annapolis Road and centerline of a Railroad Right-of-Way owned by the CSX Transportation, Inc.; thence running with the centerline of said CSX Right-of-Way (7) South Easterly to a point formed by the centerline of said CSX Right-of-Way and the centerline of Reedbird Avenue, 60 feet wide, as shown on Block Plat 7612-L; thence running with centerline of said Reedbird Avenue (8) North Easterly to a point formed by the intersection of centerline said Reedbird Avenue and the centerline of Potee Street (MD Route 2), 66 feet wide; thence running with the centerline of said Potee Street (9) South Easterly to a point formed by the intersection of the centerline of said Potee Street and the centerline of Frankfurst Avenue, 80 feet wide; thence running with the centerline of said Frankfurst Avenue (10) Easterly to a point formed by the intersection of said Frankfurst Avenue and the centerline of of Interstate Route 895 (Harbor Tunnel Throughway), varying in width; thence departing lastly mentioned point of intersection and running (11) Due North to the centerline of the Patapsco River Channel as shown on a plat entitled “Pierhead and Bulkhead Lines, Baltimore Harbor, Maryland” Sheet 3 of 6, File 13 Map 849 dated July 13, 1950 and prepared by the Corps of Engineers, Baltimore District; thence running with centerline of said Patapsco River Channel (12) Easterly to a point formed by the intersection of centerline of said Patapsco River Channel and the centerline of Northwest Branch; thence departing lastly mentioned point of intersection and running with the centerline of the Northwest Branch (13) Northerly and Westerly to a point formed by the intersection of the centerline of said Northwest Branch and a line crossing the Northwest Branch of the Patapsco River, if drawn between a point labeled VI and a point labeled LIV, both being shown on a plat entitled “Pierhead and Bulkhead Lines, Baltimore Harbor, Maryland” Sheet 2 of 6, File 13 Map 849 dated July 13, 1950 and prepared by the Corps of Engineers, Baltimore District; thence departing lastly mentioned point of intersection and running (14) In a Westerly direction to a point labeled LIV, as shown on lastly mentioned plat; said point LIV also being labeled 16 on a plat entitled “Harborview Subdivision Plan” and recorded among the Land Records of Baltimore City, Maryland, in Plat Book S.E.B., Page 3187; thence departing said point 16 (aka LIV) and running with the South 74° 47’ 38” East, 30.90 foot line, reversely and (15) In a Northwesterly direction to the beginning thereof and a Point labeled 15, as shown on lastly mentioned plat; thence running with the North 02° 06’ 20” West, 340.82 foot line reversely and (16) In a Southerly direction as shown on the lastly mentioned plat, and binding on, in part, the east side of the former bed of Covington Street, if projected, to a point formed by the intersection of the east side of said Covington Street and Key Highway; thence running with the centerline of said Key Highway (17) Westerly to a point formed by the intersection of the centerline of said Key Highway and the centerline of Light Street, 82.5 feet wide; thence running with the centerline of said Light Street (18) Southerly to a point formed by the intersection of the centerline of said Light Street and the centerline of East Montgomery Street, 82 feet wide; thence running with the centerline of said East Montgomery Street (19) Westerly to a point formed by the intersection of the centerline of said East Montgomery Street and the centerline of South Charles Street, 66 feet wide; thence running with the centerline of said South Charles Street (20) Southerly to a point formed by the intersection of the centerline of said South Charles Street and the centerline of West Churchill Street, 20 feet wide; thence running with the centerline of said West Churchill Street (21) Westerly to a point formed by the intersection of the centerline of said West Churchill Street and the centerline of South Hanover Street, 66 feet wide; thence running with the centerline of said South Hanover Street (22) Northerly to a point formed by the intersection of the centerline of said South Hanover Street and the centerline of West Montgomery Street, 35 feet wide; thence running with the centerline of said West Montgomery Street (23) Northwesterly to a point formed by the intersection of the centerline of said West Montgomery Street and the centerline of South Sharp Street, 66 feet wide; thence running with the centerline of said South Sharp Street (24) Southwesterly to a point on the south side of West Henrietta Street, 66 feet wide; thence binding on and running with the south side of said West Henrietta Street (25) Northwesterly to a point on the west side of said South Sharp Street and the beginning of the second line of a parcel of land described in a conveyance from Congress Hall Square Limited Partnership, unto CHS Swim Club, Inc. by deed dated May 26, 1987 and recorded among aforesaid Land Records in Liber S.E.B. No. 1319, Folio 231; thence running with the second or North 70° 05’ 00” West, 99.74 foot line, (26) In a Northwesterly direction, as described in said deed, passing over the end thereof and crossing Interstate Route 395 to intersect the centerline of South Martin Luther King Jr. Boulevard; thence running with the centerline of said South Martin Luther King Jr. Boulevard (27) Northwesterly to the point of beginning. 3805.3.4 East Zone. The area within the following boundaries is the “East Traffic-Mitigation Zone”: BEGINNING for the same at the point formed by the intersection of the centerline of North Calvert Street, 60 feet wide, and the centerline of East North Avenue, varying in width; thence departing said point so fixed and running with the centerline of said East North Avenue, with meridian reference to the Baltimore City Survey Control System the following courses: (1) Easterly to a point formed by the intersection of the centerline of said East North Avenue and the centerline of North Broadway, 130 feet wide; thence running with the centerline of said North Broadway (2) Southerly to a point formed by the intersection of the centerline of said North Broadway and a point formed by the centerline of a Railroad Right of Way; thence running with the centerline of said Railroad Right of Way (3) Southeasterly to a point formed by the intersection of said Railroad Right of Way and the centerline of North Patterson Park Avenue, 70 feet wide; thence running with the centerline of said North Patterson Park Avenue (4) Southerly direction to a point formed by the intersection of said North Patterson Park Avenue and the centerline of Orleans Street (U.S. Route 40), 66 feet wide; thence running with the centerline of said Orleans Street (U.S. Route 40) (5) Westerly to a point formed by the intersection of said Orleans Street (U.S. Route 40) and North Exeter Street (varying in width); thence running with the centerline of said North Exeter Street (6) Northwesterly to a point formed by the intersection of the centerline of said North Exeter Street and the centerline of Hillen Street (66’ wide); thence running with the centerline of said Hillen Street (7) Southwesterly to a point formed by the intersection of the centerline of said Hillen Street and the centerline of The Fallsway (varying in width); thence running with the centerline of said The Fallsway (8) Northerly to a point formed by the geometric intersection of the centerline of said The Fallsway and the centerline of Interstate Route 83 Right of Way below; thence running with the centerline of said Interstate Route 83 (9) Northwesterly direction to the point formed by the geometric intersection of the centerline of said Interstate Route 83 Right of Way and the centerline of said North Calvert Street above; thence running with the centerline of said North Calvert Street to the place of beginning. 3805.3.5 Southwest Zone. The area within the following boundaries is the “Southwest Traffic-Mitigation Zone”: BEGINNING for the same at the point formed by the intersection of the centerline of West Mulberry (aka US Route 40) and the centerline of North Martin Luther King, Jr. Boulevard, varying in width; thence running with the centerline of said North Martin Luther King, Jr. Boulevard, with meridian reference to the Baltimore City Survey Control System, the following courses: (1) Southerly and Southeasterly, passing over West Baltimore Street whereas said North Martin Luther King, Jr. Boulevard becomes South Martin Luther King, Jr. Boulevard, varying in width, to a point formed by the intersection of the centerline of said South Martin Luther King, Jr. Boulevard and the centerline of Russell Street (Baltimore-Washington Parkway, MD I-295), 160 feet wide; thence running with the centerline of said Russell Street (2) Southwesterly and Westerly to a point formed by the intersection of the centerline of said Russell Street and the centerline of Interstate Route 95 (John F. Kennedy Memorial Highway), varying in width; thence running with the centerline of said Interstate Route 95 (3) Westerly to a point formed by the intersection of the centerline of said Interstate Route 95 and the centerline of Washington Boulevard, 49.5 feet wide; thence running with the centerline of said Washington Boulevard (4) Northeasterly to a point formed by the intersection of the centerline of said Washington Boulevard and the North 44° 31’ 29” West 1,544.00 foot line, as shown on a plat entitled “Subdivision Of The Lands Of 998 Monroe Corporation” dated May 26, 1994 and recorded among the Land Records of Baltimore City in Plat Book S.E.B. 3479, if projected Southeasterly; thence binding on and running with said projected line, reversely (5) North 44° 31’ 29” West 1,544.00 feet to a point designated as “508” as shown on said plat; thence binding on and running with the north-west boundary line of Lot 1 as shown on said plat (6) North 45° 24’ 52” East 1,109.33 feet line to a point designated as “509” as shown on said plat and located along the south side of the former bed of Putnam Street, also known as the former bed of The Baltimore and Ohio Railroad Right-of-Way, and currently the south side of CSX Transportation, Inc. property; thence binding on and running with the north-east boundary line of Lot 1 as shown on said plat (7) South 44° 31’ 29” East to intersect the last line of the second parcel of land conveyed by Carroll Park, LLC, to Washington-Monroe, LLC, by deed dated September 7, 2001 and recorded among said the Land Records in Liber F.M.C. 1719, Folio 30, if projected in a Southerly direction; thence binding on and running with said last line of second parcel so projected (8) North 44° 42’ 07” East, passing over the north side of said CSX Transportation, Inc. property and the south west side of South Monroe Street, 66 feet wide, to the centerline of said South Monroe Street; thence running with the centerline of said South Monroe Street (9) Northwesterly and Northerly to a point formed by the intersection of the centerline of said South Monroe Street and the “southern property line” of the B&O Railroad Museum, Incorporated property as described in a deed dated August 14th, 1991, by and between CSX Transportation, Inc. et al to B&O Railroad Museum, Incorporated as recorded among said Land Records in Liber S.E.B. 3638, Folio 208; thence binding and running with the said “southern property line” of the B&O Railroad Museum, Incorporated property (10) Northeasterly to a point formed by the intersection of said “southern property line” of the B&O Railroad Museum, Incorporated property and the centerline of South Carey Street, 80 feet wide; thence binding on the centerline of said South Carey Street (11) Northerly, passing over West Baltimore Street whereas said South Carey Street becomes North Carey Street, 80 feet wide, to a point formed by the intersection of said North Carey Street and aforesaid West Mulberry Street; thence running with the centerline of said West Mulberry Street (12) Easterly, to the point of beginning.

Baltimore City Code, Building Codes, Part II, Section 3806 Traffic-Mitigation Fee

Section 3806. Traffic-Mitigation Fee 3806.1 Scope of section. This § 3806 is applicable to all proposed projects located inside of a Traffic-Mitigation Zone. 3806.2 General. A Traffic-Mitigation Fee is a payment that, by authority of Charter Article II, §§ (40) and (47), must be paid for projects that meet the criteria established in § 3802.3 {“Within Traffic-Mitigation Zone”}. 3806.2.1 Application and processing fee. An application to begin the required Traffic-Mitigation Fee process must be: 1. made in the form and within the time frame set forth in the rules and regulations adopted under this Chapter; and 2. accompanied by a processing fee in the amount set by these rules and regulations. 3806.3 Assessment of fee. 3806.3.1 Trip formula. The rules and regulations adopted under this Chapter must establish: 1. procedures for determining the number of trips attributable to various types of projects in a particular Traffic-Mitigation Zone or Subzone; and 2. adjustment factors for calculating the number of non-single-occupant-vehicle trips attributable to various types of projects. 3806.3.2 Fee Rates. The fee rate per trip is as set by the Board of Estimates, in consultation with the Director, for each Zone. 3806.3.2.1 Temporary limitation on Fee Rate increases. For the period beginning when a fee rate is initially set for a Zone, and ending on December 31, 2016, the Board of Estimates may not increase the fee rate for that Zone more often than once every 5 years. 3806.3.3 Fee formula. The amount of the Traffic-Mitigation Fee assessed on a specific project is determined by multiplying: 1. the applicable rate per trip, as of the date that the permit is applied for, for the Zone where the project is located, by 2. the number of trips that the Department of Transportation attributes to the project using the procedure established under § 3806.3.1. 3806.4 Trip-Generation Credits. 3806.4.1 General. The Director must issue trip-generation credits to any proposed project that meets the requirements of this § 3806.4. Each credit issued reduces by 1 the number of trips used to calculate the amount of the Traffic-Mitigation Fee under § 3806.3. 3806.4.2 Authorized credits. Trip-generation credits are authorized as follows. 3806.4.2.1 Negotiated agreement. The Director may agree to issue trip-generation credits for a proposed project if: 1. the Mayor and City Council enter into a binding, written mitigation agreement with the developer of the project that requires the performance of specific actions that the Director determines will reduce the number of trips actually generated by the project, 2. the mitigation agreement requires the developer to require all subsequent purchasers or occupants of the property to abide by the ongoing requirements of the mitigation agreement, 3. the mitigation agreement includes a mechanism making it binding on all future successors and assigns who may acquire any interest in the property in the future, 4. the mitigation agreement requires the Director to issue a number of credits equivalent to the number of trips that the director calculates will be avoided through the actions agreed to by the developer, and 5. the mitigation agreement, together with any adjustment factors calculated using the procedure established under § 3806.3.1(2), does not reduce the total number of trips that would otherwise be used to calculate the Traffic-Mitigation Fee by more than 50%. 3806.4.2.2 Change in occupancy within 1 year. For the change in occupancy of a structure that has been vacant for less than 1 year before the date of application for a permit, the Director must issue trip-generation credits equivalent to the number of trips attributable to the previous use, as calculated using the procedure established under § 3806.3.1 {“Trip formula”}. 3806.4.3 Buy-out of credits. An owner or occupier of property that has benefitted from the issuance of trip-generation credits may not change the use of the property in any way that would no longer qualify the property for 1 or more trip-generation credits previously issued unless the owner or occupier first cancels the previously issued credits. 3806.4.3.1 Formula. To cancel those credits, the owner or occupier must pay to the Director of Finance an amount equal to the greater of: 1. the number of trip-generation credits being canceled, multiplied by the Traffic-Mitigation Fee rate that was in force for the Zone when the credits were issued, or 2. the number of trip-generation credits being canceled, multiplied by the Traffic-Mitigation Fee rate that is in force in the Zone when the credits are cancelled. 3806.4.4 Obligation created by acceptance of credits. The acceptance of trip-generation credits under this § 3806.4 creates a binding obligation on the persons accepting the credits to fulfill the representations and agreements that allowed the credits to be issued. In addition to any other remedy or enforcement action, the Director may enforce these obligations by seeking both legal and equitable remedies. 3806.5 Right-of-way dedication set-off. If an applicant controls property that the Director determines to be necessary for the construction of a traffic-mitigation project, the Director may accept the dedication of the needed property to the City’s use and issue a set-off credit toward the Traffic-Mitigation Fee assessed on a project in exchange. The total amount of the Traffic-Mitigation Fee to be paid would then be reduced by the appraised value of the property dedicated to City use. 3806.6 Payment of Fees. 3806.6.1 $50,000 or less. If the Traffic-Mitigation Fee assessed for a proposed project is $50,000 or less, the Fee must be paid to the Director of Finance in full before any permits for the work are issued. 3806.6.2 More than $50,000. If the Traffic-Mitigation Fee assessed for a proposed project is more than $50,000, the Director of Transportation may negotiate installment payments to be made over a period of up to 5 years from the issuance of a building permit for all amounts in excess of $50,000. The initial payment of at least $50,000 must be paid to the Director of Finance in full before any permits for the work are issued. Any installment plan under this § 3806.6.2 requires the approval of the Board of Estimates to become effective. 3806.6.2.1 Interest to be charged on installment payments. If a Traffic-Mitigation Fee is to be paid in installments under an agreement authorized by § 3806.6.2, installment payments must include an additional interest charge at the current City borrowing rate as determined by the Director of Finance.

Baltimore City Code, Building Codes, Part II, Section 3807 Use of Fees

Section 3807. Use of Fees 3807.1 Separate revenue accounts. Traffic-Mitigation Fees collected under this Chapter are to be deposited to the General Fund and accounted for in separate revenue accounts designated to indicate precisely how much revenue is derived from each Traffic-Mitigation Zone. 3807.2 Fees to benefit Zone of origin. Subject to appropriation, revenue derived from Traffic- Mitigation Fees in each Traffic-Mitigation Zone must be used only for the purposes described in § 3807.3 or for: 1. designing and constructing projects to benefit the transportation infrastructure of the Zone from which the fees derive, as approved by the Planning Commission in the Traffic-Management Plan adopted under § 3805.2 {“Traffic-Management Plans”}. 2. designing and constructing projects to benefit the transportation infrastructure of the Zone from which the fees derive, as certified by the Director, if the Planning Commission has not adopted a Traffic-Management Plan under § 3805.2, or 3. defraying the planning and administrative costs, of no more than 10% of all revenue collected, of implementing this Chapter. 3807.3 Fees may defray cost of site access improvements. 3807.3.1 Site access improvements. Subject to the approval of the Board of Estimates, the Director may permit up to 33% of the Traffic Mitigation Fee, after deduction of credits, paid by an applicant to be used for minor site access improvements, including turning lanes, acceleration/deceleration lanes, traffic signals, or similar improvements. 3807.3.2 Use of Fees. Fees appropriated under this § 3807.3 may be either: 1. rebated to the applicant pursuant to an agreement requiring the applicant to construct these improvements; or 2. retained by the City for the purpose of constructing these improvements. 3807.3.2.1 No rebates until remainder of fees paid. A developer may not receive a rebate of any fees under this § 3807.3.2 until the remaining Traffic-Mitigation Fees have been paid to the City. 3807.4 Annual accounting. With the assistance of the Department of Finance, the Director must annually produce and provide to the Board of Estimates an accounting that shows: 1. the cumulative revenue derived from Traffic-Mitigation Fees in each Traffic- Mitigation Zone; and 2. the cumulative expenditures or appropriations for projects that benefit the transportation infrastructure of each Zone. 3807.5 Return of unobligated fees. 3807.5.1 Review of fee use. If an applicant who has paid a Traffic-Mitigation Fee for a project believes that the fee has not been obligated to a specific project within 6 years of final payment, the applicant may request a review of the fee’s use by the Director. The Director must then determine if the fee in question, or any portion of it, has, within 6 years of payment, been obligated to a specific project. 3807.5.2 Refund of unobligated fees. If the Director’s review under § 3807.5.1 determines that a fee has not been entirely obligated to a specific project within 6 years of payment, any unobligated portion of the fee must be refunded to the applicant upon the Board of Estimate’s appropriation of the necessary funds. 3807.5.3 Accounting method to be published. The Director, in consultation with the Department of Finance, must establish a standardized method for determining how specific fees are allocated to particular projects for purposes of a review under § 3807.5.1. This accounting method must be included in the rules and regulations adopted under this Chapter.

Baltimore City Code, Building Codes, Part II, Section 3808 Enforcement

Section 3808. Enforcement 3808.1 General. A violation of any provision of this Chapter, of a rule or regulation adopted under this Chapter, or of an agreement entered into under this Chapter constitutes a violation of this Code, subject to the enforcement, penalty, and other provisions of § 114 {“Violations”} and related sections of this Code.

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/building-codes/II/38Fetched: 10/25/2026