1201.1 The District Department of Transportation (DDOT) shall approve a public space permit for a lay-by only when there is no parking lane and other options to safely pick up and drop off passengers are shown to be infeasible or impractical.

1201.2 In addition, a lay-by shall be approved only if:

1. (a) The property to be served by the lay-by is a commercial property, such as a hotel or hospital having a high demand for passenger pick-up and drop-off space at the building entrance; and
2. (b) An unobstructed, continuous pedestrian pathway of no less than ten feet (10 ft.) wide can be maintained on the public sidewalk adjacent to the proposed lay-by.

1201.3 No person shall construct a lay-by in public space:

1. (a) Without first obtaining a public space permit from the Director;
2. (b) For the purpose of parking motor vehicles; provided, motor vehicles may park temporarily in an approved lay-by in order to drop off or pick up passengers; or
3. (c) For the purpose of creating a commercial loading zone.

1201.4 A person shall apply for a public space permit for a lay-by by completing an application as provided by the Director. The following documentation shall accompany the application:

1. (a) A site plan showing the proposed lay-by that is drawn to scale per the latest site plan drawing requirements provided by the Director;
2. (b) A description of the existing or projected passenger pick-up and drop-off demand at the property and the specific right-of-way conditions on the street that warrant the construction of a permanent lay-by and why other options to safely pick-up and drop-off passengers, including private space or a curbside location in an adjacent parking lane, are infeasible or impractical; and
3. (c) Additional documentation as may be requested by the Director, such as a traffic impact study and photographs or illustrations showing the area intended for the proposed lay-by.

1201.5 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the lay-by shall be no more than ten feet (10 ft.) wide.

1201.6 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the combined width of the lay-by lane and the adjacent travel lane shall be no less than nineteen feet (19 ft.).

1201.7 When a lay-by must be located adjacent to a parking lane to accommodate wider vehicles or to allow additional pedestrian maneuvering space on the traffic side of the vehicle, the lay-by shall be no more than three feet (3 ft.) wide.

1201.8 When there is a privately funded streetscape project following the construction of a new building or the substantial rehabilitation of an existing building, the public space permit for any existing lay-by adjacent to the property shall expire. If the property owner desires a new lay-by, a request for a lay-by must be included as part of the public space permit application to perform the privately funded streetscape restoration project.

1201.9 If a person constructs a lay-by in public space without a permit, the person, at his or her own expense, shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.10 When the Director determines that a lay-by should be removed to allow the public space to be used for another purpose which benefits the District, such as for a bus stop, the Director shall revoke the permit for a lay-by in public space and the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.11 Notwithstanding § 1201.10, if the lay-by is to be removed as part of a DDOT street reconstruction project, the Department may itself remove the lay-by and restore the public space instead of requiring the person who constructed the lay-by to remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.12 If a lay-by that existed prior to the final publication of these rules was constructed without a public space permit, the person who constructed the lay-by shall apply for a public space permit under this section by October 1, 2014. If the permit is not approved, the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

SOURCE: Final Rulemaking published at 60 DCR 16852 (December 13, 2013).