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Mobile Food Vending within VDOT Right-of-Way

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Mobile Food Vending within VDOT Right-of-Way
Board Transportation Committee
Feb. 12, 2016

Published in: News & Politics
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Mobile Food Vending within VDOT Right-of-Way

  1. 1. County of Fairfax, Virginia Department of Transportation Mobile Food Vending within VDOT Right-of-Way Board Transportation Committee February 12, 2016 Neil Freschman Fairfax County Department of Transportation
  2. 2. County of Fairfax, Virginia Department of Transportation 2 Background • Today’s goal is to provide an update on the initiative and receive input from the Board. • The purpose of this initiative is to allow mobile food vending within VDOT right-of-way. •County already allows mobile food vending on private parcels for food truck operators and property owners that have the required permits.
  3. 3. County of Fairfax, Virginia Department of Transportation 3 Background • VDOT has developed requirements for both the County and mobile food vendors to secure permission to vend within the right-of-way. • Until recently, all vending was prohibited on VDOT right- of-way. • In July, 2015, Commonwealth Transportation Board approved a resolution allowing mobile food vending under certain conditions.
  4. 4. County of Fairfax, Virginia Department of Transportation 4 Background • In September 2015, VDOT released the application for a Land Use Permit for mobile food vending within the right- of-way. County would need this permit. • In September 2015, Fairfax County staff met with representatives of food truck vendors to discuss mobile food vending. • County staff is currently developing an ordinance revision to allow mobile food vending within the right-of- way (Ongoing).
  5. 5. County of Fairfax, Virginia Department of Transportation 5 VDOT Requirements • Locality required to obtain a land use permit (LUP) to allow occupation of right of way by Mobile Food Vendors. • LUP valid for 1 year. $100 fee. • Locality must provide surety in the amount of $10,000. • Locality to take action to recover expenses incurred by VDOT as a result of violation by a mobile food vendor. • VDOT not liable for damage resulting from mobile food vending.
  6. 6. County of Fairfax, Virginia Department of Transportation 6 VDOT Requirements • VDOT can suspend mobile food vending operations on state maintained right-of-way in response to public safety or operational concerns. • Mobile food vending restricted to non-limited access highways with speed limit of 35 mph or less. • Vending only from a marked or signed parking space.
  7. 7. County of Fairfax, Virginia Department of Transportation 7 VDOT Requirements • Must be adjacent to 5 foot (min.) sidewalk or a level passable surface of 6 feet (min.) • Vending only to pedestrians on the sidewalk side of the mobile food vending unit.
  8. 8. County of Fairfax, Virginia Department of Transportation 8 VDOT Requirements • Mobile food vendors to secure and maintain liability insurance up to $1 Million per occurrence. • Mobile food vending cannot conflict with construction, maintenance or operation of the highway.
  9. 9. County of Fairfax, Virginia Department of Transportation 9 Proposed County Ordinance Mobile Food Vending Permit would be required to vend from the right-of way. Permit would include all VDOT requirements plus additional elements: •Compliance with all Health Department and Department of Cable and Consumer Services permits, licenses and regulations. •Maximum four hours on any given day at any one location. •Vending allowed 7 a.m. to 9 p.m. only. •9 a.m. start time on Sundays or federal holidays.
  10. 10. County of Fairfax, Virginia Department of Transportation 10 Proposed County Ordinance (cont.) • Vicinity around mobile food vending vehicle kept clear of trash and debris. Mobile food vendors must provide a trash receptacle. • Mobile food vending permitted only within areas zoned for commercial or industrial use or in any planned zoning district allowing for mixed use. • Mobile food vending not allowed within residential neighborhood or within 500 feet of any residentially zoned area.
  11. 11. County of Fairfax, Virginia Department of Transportation 11 Proposed County Ordinance (cont.) • No loudspeaker or other amplification device would be permitted. • No advertisements or signs within the right-of-way. • County has the right to set additional holiday restrictions. • Allowance for permit suspension, revocation and appeals.
  12. 12. County of Fairfax, Virginia Department of Transportation 12 Food Truck Parking Zones • Specific “Zones” for mobile food vending may be authorized. Once authorized, Mobile Food Vendors can only operate within these zones. Likely that Zones will be needed. • Process for setting the Zones has not been developed. • Signage would likely be required to define the Zones. • Staffing implications for establishing and signing the Zones have not yet been determined.
  13. 13. County of Fairfax, Virginia Department of Transportation 13 Next Steps • Board discussion and consensus. • Coordination with existing food truck permits and licenses. • Community outreach. • Development of ordinance and enforcement procedures. • Establishment of parking zones and appropriate signage. • Public Hearing. • Board adoption.
  14. 14. County of Fairfax, Virginia Department of Transportation 14 Discussion

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