Olmsted County Access Management Ordinance

Applicant or Developer: The owner of land or his approved representative. 

Commercial Access: A private access serving one or more commercial, industrial, institutional or multiple family uses; or an agricultural feedlot. 

Common Ownership:  Where an individual solely or along with immediate family member(s) hold title or property rights in multiple contiguous parcels of real estate through any combination of individual ownership and/or ownership as part of a structured entity such as a partnership or corporation. 

Connection Spacing: The spacing between access connections shall be measured as follows: 

Corner Clearance: The distance from an intersection of a public or private street to the nearest driveway, measured from the curbline or, where there is no curbline, the closest edge of the travel way on the intersecting road, to the closest edge of the driveway, measured along the street to which access is being taken (See Figure 2).  

In Figure 2 dimensions “A” and “C” are referred to as Upstream corner clearances and dimensions “B” and “D” are referred to as Downstream corner clearances.  The required minimum distance for any dimension is found in Table 3 in Section 1304.04. The minimum distance required for any dimension is a function of the whether the Primary Street or Cross Street is a Major, Minor or Local street as defined in 1304.04 

Cross Access – A shared access where one property owner has the legal right to access and use an access connection that is wholly on an adjacent property owner’s land. 

Driveway, Heavy Commercial: A private access connection with a projected average daily volume of Heavy Vehicles of 30 vehicles per day or greater. 

Driveway, High volume: A private access connection with a projected average daily traffic greater than 500 vehicles per day 

Driveway, Low volume: A private access connection with a projected average daily traffic of 50 to 500 vehicles per day 

Driveway, Minimum Use: A private access connection with a projected average daily traffic of less than 50 vehicles per day 

Easement - A grant of one or more property rights by a property owner to or for use by the public, another person or an entity. 

Field Entrance: An access connection to an agricultural field used for the movement of farm vehicles and equipment. Access to a farmstead, feedlot, or farm-related structures is not a field entrance. 

Functional Designation:  The classification of public roadways according to the purpose they serve in the hierarchy of roads serving vehicular travel in Olmsted County as identified on the Functional Designation Map in the transportation element of the Olmsted County Comprehensive Plan. 

An access permit issued by the County Engineer shall be required whenever any construction, reconstruction, relocation or alteration of an access connection within the right-of-way of any county road is proposed, or where a change of use is proposed for a property with existing access connection(s) to a county road right-of-way. Alterations include the widening of an existing access or changes to an existing culvert including lengthening or replacement. A change in use is defined to include: 

c) changing the boundaries of a parcel or group of parcels where the change will result in increasing the number of lots with frontage on a county road or a reduction in lot frontage below the minimum access connection spacing requirements of this ordinance. 

Where access connection(s) already exist on a parcel for which an access permit is requested, or on adjacent parcels under common ownership, all existing access(es) which are non- conforming or would become non-conforming with approval of the access permit will be reviewed and may be subject to modification as part of the access permit to insure the greatest level of consistency with the requirements of this Ordinance. 

The County Engineer shall be notified where reconstruction of existing conforming access connection is proposed but such action shall not require payment of a permit fee if the proposed action involves only the replacement and no alteration of the in-place access. 

1303.02 Application for an Access Permit 

Applications for an Access Permit must be made in writing on a form provided by the County Engineer, a copy of which is attached in Appendix A. A fee to be set by resolution of the Olmsted County Board of Commissioners shall accompany the Access Permit application. Where a proposed access connection has been approved as part of an Access Plan, a reduced fee to cover only the cost of design review and inspection shall be charged as part of the access permit application. 

An application for an Access Permit shall be accompanied by a site plan and any supporting documentation showing the location of existing streets, property lines, utilities, easements, revocable licenses or permits, driveways and structures on the parcel, the type and intensity of existing and proposed land uses, and the proposed location of driveways and parking areas. 

1303.03 Determining if Access Permit Application is complete 

Upon submittal of an Access Permit a determination shall be made as to whether the application is complete within ten business days of receipt of an application and whether any waiver to the requirements of this ordinance will be needed to approve the application. For commercial and public/private street access applications, a preliminary grading plan shall be submitted before the application is considered complete.  The grading plan shall include a site plan with parking stalls and traffic circulation, drainage patterns and features including catch basins and culvert outlets with direction arrows, proposed utilities, construction requirements for all work within the right of way, access construction details, and details for turn/bypass lanes if appropriate.  The complete application satisfies the form and content requirements set forth in this ordinance, thereby making it acceptable for review. Where a Transportation Impact Report (TIR) is required under this ordinance or the Olmsted County Zoning Code as part of a permit application, the application shall be considered incomplete until the TIR has been submitted and determined to be adequate by the County Engineer. 

1303.04 Review of Access Permit 

Once a complete application has been accepted for review and the application fee paid, an application shall be reviewed and either approved, approved with conditions or denied within a maximum of 30 days unless a traffic signal is involved or geometric layout plans are required to insure access connection improvements can be constructed consistent with the requirements of this ordinance. The standards and guidelines in Section 1304 and Section 1306 of this ordinance shall guide review of the application. Where installation of a traffic signal is proposed or constructability issues exist, the review period will extend for an additional 30 days after submittal of a traffic signal justification report or additional geometric layout information. 

1303.05 Access Permit Decision 

Upon review of the access permit application, the County Engineer will issue either 1) an Access Permit indicating final approval with or without conditions, 2) a Preliminary Access Approval specifying changes and/or additional materials needed before an Access Permit will be issued, or 3) an Access Permit Denial letter. Issuance of an Access Permit by the County Engineer grants the permittee the right to construct an access connection to a county highway consistent with the terms and conditions of the permit. The County Engineer shall determine the appropriate design detail from Appendix C to use when constructing the access. 

Conditions attached to issuance of an Access Permit shall be addressed during the construction of the access connection and completed before final inspection of the access connection. 

Where a Preliminary Access Approval has been issued, revised or additional materials will be reviewed within 10 business days after submittal and an approval or denial of the Access Permit issued. Applications may only be rejected if conditional changes are not made. Where conditions are included involving easements or other legal agreements, proof will be required that such documents have been properly executed and recorded with Olmsted County Property Records and Licensing. 

If the Access Permit is denied, the County Engineer shall provide an itemized letter detailing why the application has been rejected. Applicants whose permits are denied have 60 days to appeal. 

1303.06 Construction of an Access Connection 

Work shall be completed consistent with the approved access permit, and the completed work must be inspected and approved by the County Engineer. An access connection constructed in a manner that does not comply with the conditions of the permit will be considered in violation of this ordinance and will be subject to action under Section 1301.07. If the constructed access connection must be removed, the approved access permit will be considered null and void. 

1303.07 Construction Responsibilities 

The applicant shall be responsible for all costs associated with the construction of an access connection, including improvements required to meet conditions of approval. Improvements may include, but are not limited to, the construction of the driveway or intersection, turn lanes, raised medians, connecting roadways or driveways, drainage structures; grading and site restoration; and the acquisition and/or dedication of the necessary right-of-way. If a culvert or apron is required, the applicant must purchase these materials from Olmsted County. 

1303.08 Discontinuance of existing driveway 

When a change of use requiring a new access permit results in relocation of an access connection, existing driveways not approved for continuance shall be removed and the land graded and landscaped to conform with adjacent land and any curb cut, if curb is present, shall be filled in with curb and gutter per the standards of Olmsted County. 

1303.09 Duration of Permit Approval 

If the access connection has not been constructed within two years after approval of an Access Permit, the approval shall become null and void unless a request for a time extension to complete the access has been granted by the County Engineer. A written request for an extension shall be submitted to the County Engineer at least thirty (30) days before the expiration of the original approval. The request for extension shall state facts showing a good faith attempt to complete or utilize the approved access connection. 

1303.10 Bond 

A Letter of Credit, certified check or bond may be required in an amount to be determined by the County Engineer to insure compliance with the requirements or conditions of an access permit. 

1303.11 Maintenance 

SECTION 1304: PERMITTED ACCESS CONNECTIONS 

1304.01 Intent Regarding Permitted Access Connections 

It is the intent of this ordinance for parcels abutting a county roadway to permit one access per parcel, with connections on lower classification roads, where practical, in the case of parcels with frontage on more than one road. Except where alternative access is impractical, it is the intent of the ordinance not to allow new private connections to expressways or major arterial roadways and to eliminate existing non-conforming access. Access connections shall be located to provide adequate spacing between adjacent connections and adequate offset from connections across the roadway, considering both existing access connections and potential future connections needed to adequately serve future land uses in the vicinity of a proposed access connection. 

1304.02 Guidelines on Permitted Access Connections 

Table 1 defines the principles that will be used to guide decisions regarding the permitting of access connections on different classes of county highways. These principles emphasize the avoidance, where possible, of access connections to a county highway where there is a significant difference in the operating character and function of the proposed access connection and the highway facility. 

1304.02.1 Exceptions to the general rule of one access per parcel 

1304.03.1 For sites with insufficient road frontage to meet the minimum spacing requirements, consideration shall first be given to providing access via connection to a street of lower classification, or through provision of an Alternative Means of Access such as utilization of a shared access with an adjacent property that meets the recommended spacing requirement or development of a service road to serve multiple properties. 

1304.03.2 The County Engineer may grant access approval for a permanent use not meeting the spacing requirements of Table 2 on an interim basis if an access plan demonstrating how spacing requirements will ultimately be met and appropriate assurances in the form of a recordable and enforceable easement or access agreement insuring future provision of a conforming access are submitted. 

1304.04 Corner Clearance Requirements 

Table 3 defines the minimum corner clearance that shall be required for a proposed access connection under the regulations of this ordinance. Corner clearance requirements apply on each approach to an intersection. In Table 3, Column A under each speed limit range refers to the requirement for upstream corner clearance; Column B refers to the requirements for downstream corner clearance (see Section 2, Definitions, for an illustration of upstream and downstream clearance). The applicable road classification in Table 3 is the street design or street class that applies to the roadway to which the access connection is being made. 

The selection of the appropriate corner clearance spacing requirement is based on the type of Primary Street or Road and Cross Street or Road which are intersecting. For purposes of determining corner clearance, the definition of street types are as follows: 

Except in the case where both interesting streets are of the same type, the higher level street type is always considered the Primary Street and the lower level street type is always considered the Cross Street. In the case where both intersecting streets are of the same type (for example, both are classified as Major Streets), the street with the higher traffic volume is considered the Primary Street. 

Table 3: Corner Clearance Guidelines 

1304.04.1  

If the amount of lot frontage is insufficient to meet corner clearance requirements, alternative means of access (a shared access, development of a service road, or cross access via connected parking lots) should be considered to determine whether options consistent with the corner clearance guidelines can be achieved. Where this is not feasible due to parcel size or the existing adjacent development, the driveway shall be constructed along the property line farthest from the intersection to encourage future shared use or service road development. 

1304.05 Access Connections along Turn Lanes or Bypass Lanes 

Irrespective of the local street and driveway spacing requirements in Table 2 and the corner clearance requirements in Table 3, access connections shall not be approved within any turn lane or bypass lane, including taper sections, except where no other reasonable or suitable access is available. 

1304.06 Field Entrance 

An Access Permit may be issued for a field entrance in the following instances: 

Field entrances and other limited use access connections will be reviewed on a case-by-case basis based on the principals found in Section 1304.02. The review shall consider the proximity of the adjacent driveways and intersecting streets, factors such as grades and sight distance availability, as well as traffic volumes along the adjacent county roadway. 

1304.07 Temporary Access Connections 

The County Engineer may grant an Access Permit for seasonal or limited duration uses such as a construction site, seasonal food stand or quarry/batch plant operation on a case by case basis. Approval of an access connection for such use shall consider the proximity of the adjacent driveways and intersecting streets, factors such as grades and sight distance availability, as well as traffic volumes along the county roadway. Access Permits for seasonal or limited duration uses shall be temporary in nature, with time limits or other conditions limiting the duration of the permit established as part of the permit approval process. 

1304.08 Design and Location Guidelines for Access Connections 

The following factors shall be considered by the County Engineer in assessing the suitability of a proposed access connection location when reviewing a request for Access Permit or Access Plan approval. 

1304.09 Factors for Restricting Turning or Crossing Movements 

Turning and crossing movements at an access connection may be restricted to address safety and operational concerns where the County Engineer finds that partial access is warranted based on any of the following factors: 

1304.10 Joint Access Modification 

Where a Joint Access is required for adjacent properties the access connection within the public right of way may be widened up to a width of 36’ if needed to accommodate the provision of separate access drives on each property beyond the right of way line where at least one of the uses will generate large truck traffic (WB-50 or greater) or comparable size agricultural equipment. The portion of the access connection in the public right of way shall operate as a shared driveway entrance and the address of the property associated with each individual drive shall be clearly and legibly displayed to avoid confusion for emergency services and other public or private service providers. 

SECTION 1305: ACCESS PLAN  

(See definition of Access Plan in Section 1302) 

1305.01 Access Plan Required 

An Access Plan is required to be submitted with any application for a subdivision, conditional use permit or general development plan on any property with frontage on a county roadway or taking access to a roadway under the jurisdiction of another governmental unit within 1/8th mile of an intersection with a county roadway. 

1305.02 Review of Access Plans 

An initial determination shall be made whether the information submitted meets the application requirements for Access Plans listed in Section 1305.04 within ten business days of receipt of the application for development approval. Review of Access Plans shall occur concurrently with the review of the development application by the County, Township or Municipality, with the recommendation of the County Engineer relative to the Access Plan included as part of the information packet that is submitted to the governing Board, Council or Commission prior to any required public hearing or public review of the development application. 

1305.03 Access Plan Recommendation 

The County Engineer’s recommendation to a governing Board, Council or Commission shall indicate whether the proposed Access Plan is consistent with the standards and guidelines of this ordinance, or whether modifications or conditions are necessary to bring the proposed plan into compliance with this ordinance. 

1305.04 Access Plan Application Requirements 

An application for Access Plan approval shall consist of a site plan with any supporting documentation showing the property and the surrounding area, drawn to scale, illustrating the following information: 

SECTION 1306: APPROVAL OF PERMITS AND PLANS 

1306.01 Approving Access Permits 

In reviewing an application for an Access Permit, the County Engineer shall approve the permit if he determines the proposed access connection: 

1306.02 Approving Access Plans 

In reviewing a proposed Access Plan, the County Engineer shall consider the following factors in addition to the 11 factors listed in Section 1306.01 before issuing a recommendation on the proposed Access Plan: 

SECTION 1307: SPECIAL REQUIREMENTS 

1307.01 Access Control Dedicated on Plats 

Subdivision plats approved after the effective date of this ordinance shall include the dedication of access control rights to Olmsted County along abutting county roadways on the final plat document where required as a condition of approval for an Access Plan. 

1307.02 Access to Homes in Residential Subdivisions 

When a residential subdivision is proposed abutting any county road it shall be designed so as to provide lots directly abutting the county roadway with access from an interior local road or frontage road. All reasonable access alternatives shall be investigated and judged unacceptable by the County Engineer before direct residential driveway access on a county road is permitted in a residential subdivision 

1307.03 Turn Lane Guidance 

Turn lanes and/or bypass lanes may be required at an access connection where for reasons of safety and traffic management the separation of through traffic from turning traffic is justified. Turn lanes or bypass lanes may be considered in the following situations: 

1307.04 Contribution to cost of construction of Turn Lanes and/or Median Barriers 

If a turn lane, bypass lane or median barrier is needed on the county road to manage traffic operations at an access connection, the County Engineer may require the applicant to pay a share of the cost. In the case of turn lanes, bypass lanes or acceleration lanes, this share will be 100%. In the case of a median barrier, the share will be the ratio of peak hour turning movements potentially generated by the use to peak hour through traffic volume. 

1307.04.1 Contribution in lieu of construction of Turn Lanes and/or Median Barriers 

If a turn lane, bypass lane or median barrier needed to manage traffic operations at an access connection cannot be constructed due to existing right of way limitations, or if incorporation of the construction into a future county capital improvement project is justified, the County Engineer may require the applicant to pay into an escrow account an amount determined to be adequate to cover the applicant’s share of the cost of such installation once the needed right of way has been secured or public project is developed. 

TABLE 4: Highway Turn Lane Requirements / Urban Areas 4,5,6 

(from Transportation Element of Olmsted County Comprehensive Plan) 

1307.05 Transportation Impact Report 

Applicants seeking Access Permit or Access Plan approval for a High Volume Driveway, Heavy Commercial Driveway, or a non-local public street shall meet with the County Engineer prior to submittal of the permit or plan application to determine whether the proposed development will require preparation of a Transportation Impact Report pursuant to Section 10.48 of the Olmsted County Zoning Ordinance. Applicants should provide sufficient information in the form of mapping, preliminary site plans or development summaries to illustrate the size and type of proposed land use and existing or proposed access connections. 

Preparation of a Transportation Impact Report does not presume the subsequent approval of an Access Permit or Access Plan by the county. Subsequent action on an Access Permit or Access Plan will utilize the results of the Transportation Impact Report to determine that the proposed access improvements are consistent with this ordinance, and that they are feasible and implementable. 

1307.06 Interchange Management Areas 

The location and spacing of access connections and median openings within 1/4 mile of an interchange ramp or along a section of county road that crosses an interchange extending from the interchange to the first intersection with an arterial road (whichever distance is less) shall be based on the guidelines for Interchange Management Areas contained in the transportation element of the Olmsted County Comprehensive Plan. 

1307.07 Requirements for Business and Retail Centers or Multi-Family Residential Complexes 

Development sites consisting of multiple structures under the same ownership or consolidated for the purposes of site development shall not be considered separate properties in relation to the standards of this ordinance. The number of access connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available based on the existing frontage. Direct access for buildings should be internalized within the site using a shared circulation system that is designed to avoid excessive conflict between circulating traffic and parking maneuvers. Access control limiting direct access for individual building sites within the center or complex to the county roadway shall be dedicated to Olmsted County as part of the development approval process and recorded with the deed at the Olmsted County Recorder. 

1307.08 Cross Access in Non-Residential Areas 

Adjacent commercial or office properties that are not part of a business or retail center located along major thoroughfares shall provide cross access easements to allow circulation between sites and to minimize the number of access connections to the county roadway system. This requirement shall also apply to a building site that abuts an existing developed property unless the County Engineer finds that this would be impractical. 

SECTION 1308: MODIFICATION OF ACCESS STANDARDS 

1308.01 Minor Modifications Approvable by the County Engineer 

The County Engineer may approve minor modifications to the standards of this ordinance where he finds the modification will not create a safety hazard and 

1308.02 Waiver of Ordinance Requirements 

The County Engineer may approve other reductions from the strict numerical requirements of this Ordinance or relax the strict application of other policies in this Ordinance for a proposed Access Permit where an access connection in compliance with this Ordinance is not reasonably attainable or denial of the Access Permit would leave the property without reasonable access to the general system of streets and highways. 

In granting a waiver from the requirements of this Ordinance, the County Engineer shall find: 

The County Engineer may attach conditions to the approval of a waiver as deemed necessary to promote the spirit and intent of this ordinance. Any waiver shall only be considered a waiver of a particular standard or provision of this ordinance. It shall not constitute approval of an Access Permit application. 

Where the County Engineer finds that approval of a waiver necessary to approve an Access Permit cannot be granted, the action shall be treated as denial of an Access Permit. A letter of denial per Section 1303.05 shall be issued to the applicant outlining the findings for denial. 

Applicants whose Access Permits are denied have 60 days to appeal. 

SECTION 1309: APPEALS 

1309.01 Appeals  

In the event an Access Permit or Access Plan is not approved or is approved with conditions not agreed to by the applicant or a notice of violation is issued, the procedures which must be followed for an appeal are set forth in the Olmsted County Administrative Enforcement and Appeals Ordinance in Chapter 4000 of the Olmsted County Code of Ordinances, except as otherwise noted below.  

1309.02 Criteria for Approval of an Appeal 

An appeal may be approved if the hearing officer finds that: 

1309.03 Conditions of Approval 

The hearing officer may attach conditions to the approval of an Appeal as deemed necessary to effect the greatest level of compliance with the spirit and intent of this ordinance, including but not limited to: 

SECTION 1310: NONCONFORMING ACCESS 

1310.01 Purpose 

The purpose of this section is to recognize the existence of access connections which were lawful when established but do not meet the requirements of this ordinance, to discourage the expansion and/or intensified use of such access, and to encourage the elimination of non- conforming access or reduce its negative impact on the county highway system as the opportunity to do so arises. 

1310.02 Continuation of Nonconforming Access 

Access connections in place as of the effective date of this ordinance that do not conform with the standards shall be allowed to continue as long as there is no physical change in the access, change in the land use served by the access, or intensification of the land use served by the access. Normal maintenance and repair of the access shall not be considered to be a physical change in the access. 

1310.03 Discontinuation of Nonconforming Access 

If the use of a nonconforming access is discontinued for more than one year, the access shall not be re-established unless approval of an Access Permit is obtained. If a nonconforming access serves a nonconforming use or structure, the use of which has been discontinued for more than one year, or if a nonconforming structure is destroyed by fire or other peril to an extent greater than 50% of its market value, any subsequent access serving the property shall conform to the provisions of this ordinance. 

APPENDICES TO CHAPTER 1300 – OLMSTED COUNTY ACCESS MANAGEMENT ORDINANCE  

APPENDIX A: Application Form for Olmsted County Access Permit 

APPENDIX B: Resolution adopting Access Permit Fees and Fee Schedule   

APPENDIX C: Design templates for different types of access connections 

APPENDIX D: Flow Chart illustrating Access Permit process 

APPENDIX E: Key standards and requirements  

APPENDIX F: Recommended Administrative Penalties for Access Management Ordinance Violations 

Dated: September 19, 2017