A.

Title. This ordinance shall be known as the "Meeker County Highway Access Management Ordinance," except as referred to herein as "this ordinance."

B.

Purpose. The board of commissioners recognizes the need for regulation of entrances from adjoining lands to the traveled way of the county state aid highways (hereinafter referred to as "CSAH") and the county road systems under their supervision. The board of commissioners recognizes the need to promote the public safety, efficient flow of traffic, the aesthetic values of the land, and engineering integrity of said road systems. The intent of this ordinance is to permit a reasonable access to the road from abutting lands as is compatible with the principles as set forth in the following:

C.

Interpretation. The provisions of this ordinance shall be interpreted to be the minimum requirements necessary to promote and protect the health, safety, and general welfare of the public.

D.

Statutory authority. Statutory authorization is pursuant to Minnesota Statutes chapter 160, specifically sections 160.08, subd. 3, 160.18; subds. 1, 2, and 3; and section 160.27, subds. 1—13 (2006), or such other applicable law if this law shall be revised or amended.

E.

Meeker County Right-of-Way Ordinance for the Management of Public Right-of-Way of Roads Under County's Jurisdiction. The Meeker County Right-of-Way Ordinance for the Management of Public Right-of-Way of Roads under Meeker County's jurisdiction is adopted herein by reference.

Access: A driveway or field entrance.

Access permit: A permit issued by the Meeker County Engineer or his/her designee(s) authorizing construction of a driveway within a county right-of-way.

Developer: The owner of the land or his/her representative.

Driveway: Any private way that provides access to two or fewer residences, business, industry, or other similar appropriate use.

Field entrance: Any private way that provides access to an agricultural field for primarily agricultural purposes.

Right-of-way: Land in which Meeker County has an interest, including but not limited to by fee title, easement, or plat dedication, wherein said land is primarily intended, directly or indirectly, for public transportation use.

Stacking distance: The distance necessary to accommodate a line of stopped vehicles created by a traffic control device.

A.

Authority. The Meeker County Engineer or his/her designee(s) (hereinafter "county engineer") shall administer and enforce the provisions of this ordinance.

B.

Removal of unpermitted access. Meeker County may, in the discretion of the county engineer, remove unpermitted accesses from Meeker County right-of-way.

C.

Violations and penalties. Any person who violates or fails to comply with any provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be punished to the maximum extent allowed by law. For each day the violation continues, a separate offense shall be declared.

D.

Additional penalties and fees. In addition to any other civil or criminal sanctions, access permits issued after construction has been initiated in a county right-of-way shall be subject to double the normal access permit application fees for requiring additional staff fine, resources and as a penalty.

E.

Civil action. This ordinance may also be enforced by civil court action taken by the Meeker County Attorney after resolution by the Meeker County Board of Commissioners authorizing civil court action.

F.

Variances. The Meeker County Board of Commissioners shall have the authority to grant variances from the requirements of this ordinance. Access onto roads which abut the interstate may also need approval of the Federal Highway Administration.

1.

Procedure. Requests for variances, as provided within this ordinance, shall be filed with the county engineer on an official application form. The application shall also be accompanied by copies of detailed written and graphic materials fully explaining the proposed change. The county engineer shall refer the application, along with all related materials and information to the Meeker County Board of Commissioners for consideration.

2.

The county engineer, on behalf of the Meeker County Board of Commissioners, shall bet the date for a public hearing. Notice of such hearing shall be published in the official newspaper of the county at least ten days prior to the date of the hearing.

3.

A variance to the provisions of this ordinance may be issued to provide relief to the land owner in those cases where the application of the strict letter of this ordinance imposes particular hardship or practical difficulties to the property owner (other than those monetary in nature only) in the use of this land. A variance may be granted only in the event that the following circumstances exists:

a.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties that result from size, shape, topography, or other circumstances over which the land owners have had no control since the enactment of this ordinance; and

b.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties; and

c.

That the special conditions or circumstances do not result from the actions of the applicant; and

d.

The variance requested is the minimum variance which would alleviate hardship; and

e.

The variance would not be materially detrimental to the purposes of this ordinance; and

f.

More than economic conditions or circumstances alone shall be considered in the granting of a request.

4.

In considering all requests for a variance, the Meeker County Board of Commissioners shall make a finding of fact as appropriate that the proposed actions will not:

a.

Unreasonably increase the congestion in the public right-of-way; and

b.

Unreasonably decrease the safety of the public traveling on the public right-of-way; and

c.

Be contrary, in any way, to the spirit and intent of this ordinance.

5.

The Meeker County Planning and Zoning staff and Meeker County Board of Commissioners shall have the authority to request additional information form the applicant or to retain expert testimony, with the consent and at the expense of the applicant, if said information is declared necessary in order to review the request or to establish performance conditions.

6.

Within 60 days from the date of the first meeting wherein the request is considered, the Meeker County Board of Commissioners shall make written findings of fact to grant or not grant the application with modifications, alterations, or differing conditions. Such modifications, alterations, or differing conditions shall be in writing and made part of the board's records.

7.

All decisions by the Meeker County Board of Commissioners in granting variances shall be final except that any aggrieved person shall have the right of appeal within 30 days to the district court after receipt of notice of the decision.

8.

Re-application for the same or substantially the same variance shall not be accepted within six months of denial. Any variance approved but not utilized within 12 months of the date of approval shall become null and void.

9.

The Meeker County Board of Commissioners shall have the authority to require a letter of credit, cash, or other security as would protect the county's interests when it is deemed necessary and appropriate.

G.

Amendments. The Meeker County Board of Commissioners may amend, supplement, or repeal provisions of this ordinance after a public hearing has been held. A notice of time, date, place, and purpose of the hearing shall be posted and published in the official newspaper of the county at least ten days prior to the date of the hearing.

H.

Validity. Should any section, subdivision, or provision of this ordinance be declared by the courts to be invalid, such decision shall affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.

I.

Date of effect. This ordinance shall be in full force and effect after its approval and publication as provided by law.

J.

Permits. A permit shall be required for all work that is to be done within Meeker County right-of-way. Permit fees shall be set by the Meeker County Board of Commissioners.

A.

Access permits. A written access permit, issued by the county engineer, shall be required before construction, alteration, or change of use of an access, whether a driveway or a field entrance, within any Meeker County right-of-way. Examples of when an access permit is required include:

1.

A new access onto a county road or CSAH.

Note: A property split does not necessarily create a right-of-way for a new access for contiguous parcels.

2.

Revised use of, or improvement to an existing access onto a county road or CSAH.

Note: Access permits are granted for specific use. If the land owner proposes to change the current use of an access permit, a new permit is required since the location of a particular driveway may be suited for one use but not another. This includes changing the use of an existing field approach.

3.

Development proposal or plat adjacent to an existing or proposed county road or CSAH.

Note: "Development" includes a change in land use designation, subdivision or land or lot split, or any commercial or industrial use of land.

B.

Access permit application. Applications for an access permit must be made in writing on the form provided by the county engineer. Access will not be permitted where the county has acquired controlled access right-of-way. Variances of less than 20 percent of the minimum spacing or other standards may be granted by the county engineer on a case-by-case basis. Variances of greater than 20 percent will need to be approved by the Meeker County Board of Commissioners. Variances shall only be permitted when they are in harmony with the general purposes of the ordinance and to avoid hardship.

C.

Appeal procedure.

1.

An appeal of a decision by an administrative officer, as in the access permit, shall be filed with the county engineer on an official application form and shall be filed no later than 30 days from the date of decision. Within 30 days of the receipt of the application for an appeal, and with all supporting materials and information, the county engineer shall refer said application along with said materials and information, to the Meeker County Board of Commissioners for consideration. Failure to provide a completed application may constitute a failure to meet the appeal period requirements.

2.

The application shall be accompanied by the following information at a minimum, including but not limited to, the following:

a.

The particular order, requirement, decision, or determination from which the appeal is taken;

b.

The name and address of the appellant;

c.

The grounds for the appeal; and

d.

The relief requested by the appellant.

3.

The appeal stays all proceedings in furtherance of the action appealed from, unless the Meeker County Board of Commissioners, to whom the appeal is taken, certifies that by reasons of the facts stated in the certificate, a stay would cause imminent peril to life or property.

4.

The county engineer, on behalf of the Meeker County Board of Commissioners, shall set a date for a hearing of the appeal within 30 days from receipt of the completed application, and give notice to the appellant, the administrative officer from which the appeal is taken, and the public. Public notice shall be provided by publishing in the official newspaper notice at least ten days from the date of the hearing.

5.

The Meeker County Board of Commissioners shall consider the appeal and hold such hearing at its next regular meeting. The appellant and the administrative officer from whom the appeal is taken shall appear before the board to answer questions concerning the appeal.

6.

Within 60 days from the date of the first hearing the appeal was heard, the Meeker County Board of Commissioners may reverse, confirm, wholly or partly, or modify the order, requirement, decision, or determination appealed. As such, the board shall have all the powers of the administrative officer from whom the appeal was taken and may direct the issuance of a permit. The reasons for the board's decision shall be stated in writing.

7.

All decisions by the Meeker County Board of Commissioners in hearing said appeal from any administrative order, requirement, decision, or determination shall be final except that any aggrieved person(s) shall have the right to appeal to the district court within 30 days after receipt of notice of the decision.

A.

Access permit work. Work shall be completed within the time specified on the access permit, and the completed work must be approved by the county engineer. An access constructed in a manner that does not comply with the standards set out in the access permit will be removed by the county. If the county removes a noncompliant access, the access permit is rescinded and the developer will need to submit another access permit application and bond in accordance with the requirements of the ordinance. The cost of the second access permit will include the cost normally associated with an access permit plus the cost to remove the previous access.

B.

Bond. A bond may be required, at the discretion of the county engineer, to insure compliance of an access permit's restrictions and requirements.

Property that is considered for rezoning, for commercial, residential, or industrial use shall be reviewed by the county engineer to ensure that an access compatible to the zoning can be granted.

A.

The design of all new roads intersecting and entrances onto Meeker County roadways shall meet the MnDOT standards.

B.

All accesses onto county rights-of-way shall be aligned to be straight and perpendicular to the centerline of the adjacent country roadway.

C.

All facilities, such as signs, entrance medians, fencing, etc., shall be placed or constructed outside the county right-of-way.

D.

Culverts constructed/placed within county right-of-way, as part of an access, shall be a minimum of 15 inches or a size determined by the Meeker County Department of Public Works, whichever is greater. Plastic pipe will not be used on accesses within the county right-of-way.

E.

Whenever possible, the location of new access points shall be aligned with the street accesses and/or entrances on the opposing side of the roadway to create four-way intersections. Off-set intersections within the spacing criteria are to be avoided.

F.

Whenever possible, access points to commercial areas shall be combined through service roads or common access points.

G.

Wherever possible, access locations shall be directed onto roadways with a lower functional classification or lower traffic volume.

H.

The stacking distance back from an intersection on an arterial or collector will be considered when determining if a new access point will be allowed. A new full access will be allowed within a fully developed left turn lane, right turn lane, or bypass lane.

I.

A right in/right out access may be required for safety and traffic flow purposes if other access options are not consistent with public safety and traffic flow.

A.

A developer shall install right turn lanes on the county road or CSAH at their expense at all subdivisions and public roads, or any entrance serving commercial or industrial property that is estimated to generate over 100 right turns per day.

B.

A left turn bypass land may be required if warranted by MnDOT's Road Design Manual.

C.

Turn lanes and/or bypass lanes may be required if other similar accesses along the same segment of the roadway already have turn lanes and/or bypass lanes.

D.

Turn lanes and bypass lanes shall be signed and constructed to Meeker County standards.

E.

If turn lanes or bypass lanes cannot be constructed due to limitations in right-of-way, the developer shall be required to pay an amount determined by the county engineer, pursuant to state standards, to be adequate to cover the cost of such items.