§ 156.079 MARGINAL ACCESS STREET.
   (A)   Where the subdivision abuts on or contains an existing or proposed primary highway, the County Board may require that marginal access streets be provided in order that no lots front on such existing or proposed primary highway. If the subdivision adjoins a non-access highway constructed by the State Department of Transportation, the County Board, upon the recommendation of the State Department of Transportation, may require the reservation of a service road right-of-way with a minimum width of 60 feet, which road shall parallel the highway and may have connections thereto at locations that are jointly approved by the County Board and State Department of Transportation.
   (B)   If any tract of land proposed to be subdivided (or any part thereof) lies adjacent to any highway over which the State Department of Transportation has jurisdiction with respect to maintenance and upkeep, and an access is desired from such highway to any lot, street, roadway, alley or otherwise in such proposed subdivision, then the subdivider shall be required to obtain and submit to the Code Administrator a written permit for the State Department of Transportation granting him or her permission to construct such access way.
(Ord. passed 10-14-2003; Ord. passed 11-10-2003; Ord. passed 11-14-2004; Ord. passed 9-11-2007)