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

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. County of Fairfax, Virginia
Department of Transportation
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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. 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. County of Fairfax, Virginia
Department of Transportation
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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. 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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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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. 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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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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. County of Fairfax, Virginia
Department of Transportation
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Discussion