§ 952.09. Paved road requirements.
The following paving requirements shall apply to site plan, subdivision, Planned Residential Development (PRD), and Planned Development (PD) projects which require application approval and which also utilize or abut unpaved public or private roads and roadways.
(1)
Private roads. All development projects, excluding single-family dwelling units, which are accessed via unpaved private roads or roadways shall provide for the paving of such roads or roadways. County road design and construction standards shall apply to all paving improvements.
(2)
Public roads. All development projects, except single-family dwelling units, that access or abut unpaved public roads shall comply with general requirements as specified in subsection (5) below.
(3)
Scenic and historic roads. Paving requirements and provisions for projects utilizing or abutting unpaved scenic or historic roads, as designated in the comprehensive plan, shall be addressed on a case-by-case basis. All applicable requirements of Chapter 933, Historical and Archeological Resources Protection, shall apply here. The requirements specified below under general requirements shall not apply unless otherwise required by the board of county commissioners.
(4)
Thoroughfare plan roads. The paving of roads designated on the thoroughfare plan located in the traffic circulation element of the comprehensive plan shall be required as specified below under general requirements. Improvement of thoroughfare roads shall be in coordination with the county's twenty-year transportation improvement program, or as approved by the board of county commissioners. In granting such approval to pave thoroughfare plan designated roads in advance of the long-range major street and highway program and schedule, the board of county commissioners shall consider the timing of improvements, adequacy or deficiency of right-of-way, funding and construction of improvements, and the effect on the long-range major street and highway program.
(5)
General requirements. Paving requirements are hereby established to ensure that road improvements are provided to adequately serve development projects and developing areas. County road design and construction standards shall apply to all paving improvements. Applicants applying for approval of projects utilizing or abutting unpaved roads shall, as part of their application, include the appropriate provisions for paving, as specified below. Any required submission of escrow funds shall include an escrow agreement acceptable to the county attorney. Such agreements shall include provisions necessary to accomplish and facilitate future road paving.
(a)
Exemptions. Upon request by an applicant, the public works director and the community development director shall review a project proposal to determine if the project may be exempted from the general requirements, section 952.09(5). Where both directors determine that the following criteria are satisfied, the project shall be exempted from the requirements of the "general requirements" portion of the paving requirements section:
1.
The project proposal is either an accessory use to an existing establishment or a modification of an existing establishment;
2.
The project proposal, if constructed, would not cause an addition to the number of employees currently working at the establishment;
3.
The project proposal, if constructed, would not cause an increase in the number of deliveries to or from the establishment;
4.
The project proposal, if constructed, would not cause an increase in customers, buyers, or other persons attracted to the establishment for business purposes;
5.
The applicant provides sufficient plans and documentation to prove and ensure (certify) that the previously listed criteria are satisfied and will continue to be satisfied throughout the use and operation of the improvements constructed as part of the project, unless otherwise amended and approved via the applicable development approval process.
(b)
Appeals from exemptions. Appeals of the determination to exempt or not exempt a project from the general paving requirements shall be deemed to be appeals of administrative decisions and as such shall be heard by the planning and zoning commission pursuant to Chapter 902, Administrative Mechanisms.
(c)
Small traffic attractors/generators. Projects determined to be small traffic attractors/generators, defined as projects generating less than one hundred (100) average daily trips, shall provide for road paving as follows:
1.
Access road frontage. For the paving of a road(s) accessing the project, the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the county to be used for the paving of the road(s) accessing the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where access roads or abutting roads are designated on the transportation capital improvements program, traffic impact fees shall substitute for escrowing funds.
2.
Abutting road frontage. For the paving of a road(s) abutting the project but not utilized for access (not including access for emergencies) to the project, the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the county to be used for the paving of the road(s) abutting the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where abutting roads are designated on the capital improvements program, traffic impact fees shall substitute for escrowing funds.
3.
Paving option. In lieu of submitting funds for paving under (c) 1. or (c) 2. above, the applicant may propose to pave or arrange for paving the project's access road frontage and/or abutting road frontage, notwithstanding requirements for roads designated on the thoroughfare plan, if such paving would connect to a paved public road. If such a paving option is utilized, no certificate of occupancy or certificate of completion shall be issued for all or any portion of the project until all paving has been completed, and improvements are inspected and approved by the county.
4.
Multiphase projects. For purposes of determining if a multiphase project is a small traffic attractor/generator, the total project trip generation of all phases shall be compared to the small traffic project definition criteria.
5.
Cumulative effect. No certificate of occupancy or certificate of completion shall be issued for any project proposing access from an unpaved road, including a thoroughfare plan road, where the subject access road's volume with the project traffic will exceed two hundred (200) average daily trips, until one (1) of the following three (3) following items is satisfied:
a.
The road accessing the project is paved from the project's access point(s) to a paved public road, or
b.
The road accessing the project is guaranteed to be paved through an approved and funded road improvement project (such as through a grant or approved petition paving project), or
c.
The applicant has submitted the project's share of petition paving costs.
Upon receipt of said funds, staff shall initiate a paving project request, if none has already been initiated.
For subdivisions, no final plat approval shall be granted until adequate provisions have been made for paving and paving is complete prior to the issuance of a certificate of occupancy for structures on a subdivision lot or parcel, as per Chapter 913, Subdivisions and Plats. Provisions specified below under (d) 1., 2., 3., and 4. shall apply.
In considering the cumulative effect of small traffic attracting/generating project(s) on a road(s) or on an area, the board of county commissioners may determine the need for a forced petition or assessment for road paving purposes in developed or developing areas, and may impose such an assessment.
(d)
Large traffic attractors/generators. Projects determined to be large traffic attractors/generators, defined as projects generating one hundred (100) or more average daily trips, shall provide for road paving as follows:
1.
Access road frontage to access point(s). The road accessing the project, including a thoroughfare plan road, shall be paved from the project's access point(s) to a paved public road. The design of the connection shall be in accordance with county design standards. Said paving shall be completed, and improvements inspected and approved by the county, prior to the issuance of a certificate of occupancy for all or any portion of the project.
2.
Remaining access road frontage. For the paving of portions of a project's access road frontage not covered in the above paving requirement (d) 1., the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the county to be used for the paving of the road accessing the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where access roads are designated on the transportation capital improvements program, traffic impact fees shall substitute for escrowing funds.
3.
Abutting road frontage. For the paving of roads abutting the project, the applicant shall submit funds in the amount of the project's share of petition paving cost prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the county to be used for the paving of the road abutting the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where abutting roads are designated on the capital improvements program, traffic impact fees shall substitute for escrowing funds.
4.
Paving option. In lieu of submitting funds for paving specified under (d) 2. and (d) 3. above, the project applicant may propose to pave or arrange for paving the project's remaining access road frontage and/or abutting road frontage, notwithstanding requirements for roads designated on the thoroughfare plan, if such paving connects to a paved public road. If such a paving option is utilized, no certificate of occupancy shall be issued for all or any portion of the project until said paving is completed, and improvements are inspected and approved by the county.
(e)
Existing neighborhood compatibility. In areas where minor and principal arterial roadways intrude into existing neighborhoods, the county will, as much as possible, provide buffers such as concrete walls, landscaped buffers, berms, and other similar buffers alongside the roadway(s).
The criteria used to determine whether major thoroughfares will be allowed to intrude in existing neighborhoods are whether there are problems maintaining level of service standards on the applicable roadways, whether there are safety problems, right-of-way availability and whether there are viable alternatives to intruding into an existing neighborhood.
The county public works director or his designee will also review the feasibility of relocating roadways when intrusion is imminent and limit the number of roadway connections or accesses to the thoroughfares.
(f)
Minimize adverse environmental impacts. The county public works director or his designee shall, where feasible, locate and design roadways to minimize adverse environmental impacts. Where sensitive environmental areas will be impacted by roadway construction, the county will mitigate those impacts by taking action as provided for in the conservation element of the county's adopted comprehensive plan.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2003-016, § 1, 5-6-03)