(a) The issuance of a temporary permit for the construction of access driveways will be considered under the following circumstances:
(1) Existing roadways with normal access control which are scheduled for improvement;
(2) Existing roads designated as primary or secondary arterials which have not been constructed to their planned size or number of lanes; or
(3) Existing facilities which have been designated “limited access controlled roadways.”
(b) The designation of an existing roadway as a limited access controlled facility has brought about special problems related to the issuance of permits for access driveways. This is especially true where the actual implementation of limited access control features is delayed for some period of time after the designation order and no program for acquiring access rights has been undertaken.
(c) There are many cases under these conditions where a property owner abutting a facility which has been designated a limited access controlled roadway is considering the development of commercial property. In some circumstances, the property owner or developer might be willing to risk obtaining a considerable return on his or her investment if he or she could have direct access to the roadway during the period in which plans are being developed and a right-of-way obtained for physical conversion to a limited access control status.
(d) Under these and similar circumstances, and if the same is in compliance with the regulations of the Municipality, temporary access permits for the construction of driveways may be granted to abutting owners, provided the proposed improvements to the property do not increase the cost of acquiring right-of-way and access rights.
(Ord. 89-56. Passed 7-5-89.)