Erie County Engineer's Office

Access Management Manual
Effective: April 30, 2006

Chapter Two

ADMINISTRATION

201 - ADMINISTRATING AUTHORITY

201.1 The County Engineer shall be responsible for the implementation and administration of this Manual for County roadways.

201.2 The Township Trustees shall be responsible for the implementation and administration of this Manual for Township roadways.

201.3 Except where otherwise noted in this Manual, the term “County Engineer” shall be understood to mean and be synonymous with “Township Trustees” in matters of access and applications for access to Township Roads.
 

202 - ACCESS PERMIT REQUIRED

202.1 An access permit shall be required for all access connections under the jurisdiction of Section 106 and/or subject to the requirements of Section 210.
 

203 - ACCESS PERMIT APPLICATION

203.1 Applications for permits for direct access to County roadways shall be submitted to the County Engineer.

203.2 Applications for permits for direct access connections to Township roadways shall be submitted to the Township Trustees.

203.3.1 The County Engineer shall have the final responsibility for
●  accepting access permit applications;
●  reviewing the access permit applications to ensure
    conformance with this Manual;
●  issuing access permits;
●  inspecting construction to ensure compliance with all terms
    and conditions of the permit;
●  maintaining records of all applications and permits.

203.3.2 The Township Trustees may request the assistance and recommendations of the County Engineer for any application for access to Township Roads.

203.4 Applications shall include a completed Form 125, or applicable Township form, and any additional attachments necessary for the County Engineer to accurately and thoroughly review and assess the application. Applications shall bear the complete name, address, telephone number, and signature of the property owner or his or her authorized agent. Applications by anyone other than the property owner or his or her authorized agent will not be accepted.

203.5 Two complete copies of the application, with original signatures, and any attachments shall be submitted.

203.6 The information and level of detail required to review an application will vary according to the type and usage of proposed access. Material not relevant to the evaluation of the proposed access will neither be required nor requested of the applicant. At a minimum, the application should include the information requested on Form 125, or applicable Township form. However, prior to submitting an application, the applicant should contact the County Engineer for information about the application process and the type of information which may be required for inclusion with the submission.

203.7 A preliminary meeting with the County Engineer is recommended for all large traffic generators, regardless of development type, and for those requiring a traffic impact study.  The preliminary meeting provides the opportunity to discuss the access proposal, consider its feasibility, define the scope of further study that may be necessary, and expedite the review of the
application.

203.8 In order to accurately and thoroughly review and assess the application, the County Engineer may require the applicant to submit additional attachments to the application. These attachments may include—but are not limited to—the following:
●  Property ownership maps showing the location of the
    property.
●  Existing access connections on both sides of the roadway
    within 1000 feet of the centerline of any and all proposed
    access connection(s).
●  Land use to be served by the proposed connection(s)
    (residential, commercial, industrial, with the type of
    business(es) to be served or the appropriate land use
    category from Trip Generation).
●  Site plans or drawings showing the location of the proposed
    access connection(s) with reference to the roadway, rightsof-
    way, property lines, existing buildings and structures,
    parking locations, existing access connections, existing
    property usage, including existing easements.
●  Extent of proposed construction work, including the type, location, and
    geometric design of any proposed access
    connections; the type, location, and dimensional data of
    existing and proposed drainage structures, and all hydraulic
    data pertaining thereto.
●  A traffic impact study, per Section 500.
●  Construction plans of all improvements to the County and
    Township roadway network necessary to minimize and
    mitigate any impacts, including increases in delay or
    degradation of levels of service due to traffic generated by
    the proposed development.

203.9 An application will not be accepted if necessary and essential information is missing. The applicant will be notified within 30calendar days of any omissions in the application submittal that need correction.

203.10 When the County Engineer determines that an application is complete and acceptable, the application and all copies shall be marked with the date of acceptance. The date of acceptance marked by the County Engineer shall be used in calculating the time frame for the review and approval of the application.
 

204 - ACCESS PERMIT APPLICATION REVIEW

204.1 Except as provided for in Section 203.2, the County Engineer shall review all applications. The County Engineer has the legal authority to approve all applications for the use and occupancy of rights-of-way on County roadways for the purposes of constructing and using driveways and access connections.

204.2 The County Engineer shall review all applications for completeness and conformance with this Manual.

204.3.1 The review and final action on an application for an access connection that does not require a traffic impact study or variance application shall be completed within 30 calendar days of the date of acceptance of the access permit application. If the County Engineer takes no action on such an application within 30 calendar days, the application shall be considered approved.

204.3.2 The review and final action on an application for an access connection accompanying a lot split/minor subdivision application shall be completed within 7 business days of submission of an acceptable access permit application, otherwise said application shall be deemed approved. If the application includes a variance application, the review and final action shall be governed by Section 204.3.3.

204.3.3 The review and final action on an application with a variance application shall be completed within 30 calendar days of the County Engineer’s receipt of the written decision regarding such variance application by the Board of Appeals. If no action on such an application is taken within 30 calendar days following receipt of said decision, the application shall be considered approved.

204.3.4 The review and final action for all applications requiring traffic impact studies shall be as specified in Section 500. All applications for developments that the County Engineer determines will generate, or has the potential to generate, traffic volumes at full build-out and occupancy exceeding the threshold values of Section 501.2 shall require completion of a traffic impact study and shall be reviewed and processed in accordance with the requirements of Section 500.

204.4 The review of the application shall consider the proposed method and duration of construction and the effect upon roadway traffic. Traffic control to protect traffic from unnecessary delays and to preserve traffic safety shall be required as specified by the Ohio Manual of Uniform Traffic Control Devices.
 

205 - ACCESS PERMIT APPLICATION APPROVALS

205.1 An access permit shall be issued only in compliance with the requirements of this Manual, and may include terms and conditions necessary to protect traffic safety, efficiency, and capacity, and maintain proper traffic flow. The County Engineer may impose such reasonable terms and conditions as necessary to meet the requirements of this Manual.

205.2 After reviewing the application, and after all studies, agreements, construction plans, and other applicable requirements of this Manual are completed, the County Engineer shall
●  approve the access request as proposed,
●  require modifications as appropriate and necessary, or
●  deny the access request.
Such actions shall be consistent with the standards of this Manual.

205.3 A permit for an approved access connection shall be issued on an executed Form 125, or applicable Township form, and shall include all terms and conditions that apply to the permit. The County Engineer shall sign the permit and a copy of the permit package shall be given to the permittee. Except for permits granted under Section 203.3, and approved by the Township, a permit shall not be valid unless it is signed by the County Engineer.

205.4 No changes, modifications, or revisions shall be made to the location or design of the approved access proposal, or to the terms and conditions as contained in the permit. If the permittee wishes to modify or revise the location, design, terms, or conditions of the approved access proposal, (s)he shall apply for a new permit to supercede the approved permit.

205.5 When a request for proposed access is denied, the applicant shall be notified by the County Engineer, in writing, of the reason(s) for denial. Appeals of decisions made by the County Engineer may be made in accordance with this Manual.
 

206 - GENERAL CONDITIONS AND PROVISIONS APPLYING TO ALL
ACCESS PERMITS

206.1 The granting of a permit does not convey to either the permittee or to the property served any rights, title, or interest in County or Township rights-of-way, or in any way abridge the rights of the County or Township to exercise jurisdiction over County and Township roadways.

206.2 The County Engineer or the Township may reconstruct, relocate, modify, repair, or remove any access connection, or any features or fixtures thereof, if it is necessary for the improved safety and operation of the roadway.

206.3 The County Engineer or the Township may redesign the roadway for the improved safety and operation of the roadway.  Such improvements may include—but are not limited to—the construction of auxiliary lanes and the modification of allowable turning movements. Any such changes in the roadway design shall not require a permit modification for an access point because the permit confers no private rights to the permittee over the control of the roadway design.

206.4 Acceptance of the permit by the permittee constitutes a legal agreement to comply with all terms and conditions of the permit.

206.5 Failure of the permittee to fully comply with the terms and conditions of the permit shall be cause for the revocation and annulment of the permit, thereby rendering the access connection illegal and subject to action by the County Engineer or the Township per Section 212.

206.6 The permittee shall save harmless the County, Township, and all their representatives from all suits, actions, or claims of any character, brought on account of any injuries or damages sustained by any person or property in consequence of any negligence or on account of any act or omission as a result of the issuance of this permit.

207 - TERM OF PERMIT

207.1 A permit for a proposed access connection shall be valid for 12 months, commencing with the date of permit approval. If construction of the proposed access connection is not completed within the term of the permit, the permit shall be revoked and a new permit required.

207.2 A permit for a change in use of an existing access connection shall be valid for 12 months, commencing with the date of permit approval. If the proposed change in use fails to occur within the term of the permit, the permit shall be revoked and a new permit required.

207.3 The permittee may request, in writing, that the County Engineer grant an extension of the term of the permit. Such request shall explain the necessity for an extension and when the permittee expects to complete the operations described in the permit. No permit shall be extended by more than 12 months.
 

208 - CONSTRUCTION OF ACCESS; COMPLIANCE WITH ACCESS
PERMITS

208.1 All work authorized under the conditions of the permit shall be performed in accordance with the conditions of the approved permit. All work shall be performed solely at the expense of the permittee.

208.2 The permittee shall contact the County Engineer and receive instructions 2 business days before commencing any work authorized by the permit. No work authorized by the permit shall be performed before the permittee contacts the County Engineer.

208.3 The County Engineer shall inspect all work authorized by the permit to ensure that such work is in compliance with the permit and all terms and conditions attached. If the work is not being performed as specified, the work shall be stopped and the circumstances reported to the County Engineer. The permittee shall be notified of the County Engineer’s action, its causes, and be given a reasonable opportunity to correct the problem.

208.4 All work authorized by the permit shall be completed within the timeframe specified on the permit, in accordance with Section 207.  A permit shall be considered void if the work authorized is not completed within the specified time frame, thereby rendering the access connection illegal and subject to action under Section 212. The permittee may request a time extension in accordance with Section 207.3.

208.5 If the permittee performs any work contrary to that authorized by the permit, or contrary to the orders of the County Engineer, and after due notice of the violation fails to correct such work within 30 calendar days, the County Engineer shall notify the permittee that the permit is void, thereby rendering the access connection illegal and subject to action under Section 212.

208.6 Work authorized by the permit that involves construction encroaching upon the roadway or shoulders shall include a plan for maintaining traffic in accordance with the Ohio Manual of Uniform Traffic Control Devices. Lane or shoulder hazards that exist for a period of time longer than necessary may be cause for the County Engineer to order the revocation of the permit and immediate closure of work areas, removal of all hazards, and removal of all equipment.

208.7 Upon completion of work authorized by the permit, the permittee shall leave the roadway clean and free of all rubbish, excess material, and equipment. The roadway shall be left in a condition acceptable to the County Engineer.

208.8 Upon satisfactory completion of work authorized by the permit, the County Engineer’s representative shall complete Permit Inspection Certificate, Form 125-INSP, certifying that the permittee has complied with the terms of the permit.
 

209 - USE OF ACCESS

209.1 Responsibility of Property Owner It shall be the responsibility of the property owner to ensure that the use of access to the property is not in violation of the permit terms and conditions. The terms and conditions of the permit are binding upon all heirs, successors-in-interest, occupants, and assigns of the property owner.
 

210 - CHANGE IN USE

210.1 Change in Use If significant changes are made or will be made in the use of the property that will affect access operation, traffic volume, or vehicle type, the property owner shall contact the County Engineer to determine if a new permit and/or modifications to the access are required. The property owner may be required by the County Engineer to reconstruct, relocate, redesign, or otherwise modify an existing access connection in order to conform to the standards and design specifications of this Manual when a change in use of the property results in a change in type or nature of access operation meeting or exceeding the criteria specified in Section 210.2. A change in use may include—but is not limited to—zoning change, change in type of business conducted, expansion of an existing business, and/or division of property creating new parcels. Modifications such as landscaping, advertising, general maintenance, and other aesthetic changes that do not affect traffic operation and safety are not classified as changes in use.

210.2 Criteria for Evaluating Change in Use Change in use includes—but is not limited to—the following:
●  Traffic volume using an access connection increases by 20
    percent or more per day, or by 10 or more trip ends in the
    peak hour
●  The traffic volume of a particular directional characteristic
    (e.g., left turns) using an access connection increases by 20
    percent or more per day, or by 5 or more trip ends in the
    peak hour
●  The traffic volume of vehicles exceeding 30,000 pounds
    gross vehicle weight using an access connection increases
    by 20 percent or more per day, or by 10 or more trip ends in
    the peak hour
●  Traffic volumes using an access connection increase from a
    level not exceeding warrants and standards of Section 500
    to a level exceeding the warrants and standards of Section 500
●  The historical use of the access connection was not for daily
    use, and the new use of the access connection would be for
    daily use
●  The free flow of vehicles entering the property is restricted
    such that vehicles queue on the roadway, creating a
    roadway hazard
●  The property owner voluntarily and independently obtains
    alternative or additional access via an adjacent property.

210.3 A change in use which results in a change in the type or nature of access operation is presumptively established when, following the change in use, any of the events of Section 210.1 or 210.2 occur, or are reasonably expected to occur by proper application of Trip Generation.

210.4 A change in use as established by this Section shall require the property owner to obtain a new permit from the County Engineer.
 

211 - EXISTING AND NON-CONFORMING ACCESS CONNECTIONS

211.1 Any access connection in existence, or upon which construction has commenced, prior to the effective date of this Manual is considered to be grandfathered.

211.2 When a change in use in a property is established per the requirements of Section 210, the property owner(s) shall eliminate all non-conforming access connections upon completion of the access connection permitted under Section 210.4.
 

212 - ACCESS PERMIT VIOLATIONS

212.1 Any access connection providing direct access to a County or Township roadway that is constructed or established after the effective date of this Manual without an approved access permit issued in accordance with the requirements of this Manual shall be considered an illegal obstruction within the roadway right-of-way.

212.2 Upon determination that an access connection is illegal under the terms of this Manual, the property owner shall be subject to action under Ohio Revised Code §5552.99, and/or other appropriate action under §5547.03 and §5589.10, or as otherwise authorized by the Ohio Revised Code, including any legal action(s) initiated by Erie County or the respective Township in a court of competent jurisdiction.
 

213 - FEES

213.1 The County Engineer may charge fees to defray the costs of administering the permit. Such fees may include fees for administering the application and permit. A schedule of fees is provided in Appendix B.

213.2 The fee necessary to defray the cost of administering permits shall be listed on the appropriate application or permit forms.

213.3 All fees for permits for County roads shall be made payable to the Board County Commissioners. All fees for permits for Township roads shall be made payable to the respective Board of Township Trustees.