mobile food vending within vdot right-of-way

County of Fairfax, Virginia

Department of Transportation

Mobile Food Vendingwithin VDOT Right-of-Way

Board Transportation CommitteeFebruary 12, 2016

Neil FreschmanFairfax County Department of Transportation


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.



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.



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).



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.



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.



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.



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.



Proposed County OrdinanceMobile 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.



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.



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.



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.



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.



Discussion

mobile food vending within vdot right-of-way

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