Access Management:
A Policy for Local Communities

March, 1988


Click HERE for graphic.

                            ACCESS MANAGEMENT

                     A Policy for Local Communities



                              March , 1988



                             Prepared by the
          Ohio-Kentucky-Indiana Regional Council of Governments

Click HERE for graphic.

The preparation of this document was financed cooperatively by
the Urban Mass Transportation Administration and the Federal
Highway Administration of the United States Department of
Transportation, the State of Ohio Department of
Transportation, the Commonwealth of Kentucky Transportation
Cabinet, and units of local government within the OKI Region. 
The opinions, findings, and conclusions expressed in this
document are those of the author, and are not necessarily
those of the United States Department of Transportation, Urban
Mass Transportation Administration and Federal Highway
Administration.  This report does not constitute a standard,
specification, or regulation.


                            ACCESS MANAGEMENT
                     A POLICY FOR LOCAL COMMUNITIES



Introduction

Within any community there are different types of streets which
are planned and constructed to serve different purposes.  On
one end of the scale, the multi-lane divided highway is
designed to carry high volumes of traffic at high speeds over
relatively long distances.  Virtually no direct access between
these highways and the land which abuts them is allowed.  On
the other end of the scale is the cul-de-sac, whose function is
to provide access to and from the property abutting it and
to provide the first link between that property and the entire
roadway network.  The volume of traffic on a cul-de-sac is
typically very small, limited only to the activity of the
residents who live on the street.

The bulk of the streets in a community, however, do not fit
neatly into either of these two categories.  Most streets
provide, in varying degrees, for both the through movement of
traffic and access to the property abutting those streets but,
unfortunately, these two functions often conflict with one
another.  This conflict between access and through movement
becomes most evident on the streets which are intended to
primarily serve the needs of through traffic.  Because these
streets carry relatively high volumes of traffic, the property
abutting these streets becomes attractive for development. 
These developments need adequate access to the property in
order to be viable but each additional access point lessens the
capacity of the roadway to carry traffic volumes - the very
quality which made the land attractive for development.  An
equitable compromise between the interests of drivers and the
owners of land abutting the roadways is needed when conflicts
arise.  This compromise can be accomplished through the
application of a comprehensive policy based on the principles of
access management.

The primary objective of any access management policy is to
expedite the movement of traffic.  Traffic flow into and out of
property is expedited by ensuring that access points are
clearly identified and travel paths are easy to follow. 
Driveways and turning lanes must also be designed so that they
are capable of handling the amount of traffic
expected to use them.  Through traffic is also expedited by
minimizing the causes of delay.  The number of points where the
movement of through traffic can come into conflict with traffic
moving into or out of adjacent properties should be kept to a
minimum and turning movements should be physically separated
from through movements wherever necessary and practicable.

The application of a comprehensive access management policy
will also help to achieve greater safety for those using the
public streets.  A roadway constructed or upgraded with the
principles of access management in mind will minimize the
potential for accidents by minimizing the number of conflict
points between opposing traffic flows.  Drivers are provided a
uniform driving environment where they are able to easily
identify travel paths.  Drivers are also given sufficient sight
distance and reaction time to recognize and react to potential
hazards.

The construction of new roadways (or the upgrade of existing
roadways) that will carry relatively high volumes of traffic at
higher speeds with less delay requires a significant
expenditure of a community's financial resources.  Private
development along public roadways also requires a substantial
financial investment in order to provide goods and services,
recreation, and housing for a community.  Extreme care must be
taken to ensure that access is designed and constructed so that
the gains in highway capacity aren't negated by the conflicting
traffic movement generated by the new development and so that
access to the property is quick, convenient, and reasonable for
the property's approved use.

Everyone benefits by cooperative effort to provide good access
design.  Not only is the public investment in the roadways
protected by the application of access management techniques,
but those using the abutting land and every driver using the
roads where these techniques are used benefit as well. 
Property values remain stable or may increase along roadways
which carry significant traffic volumes so long as the traffic
can flow smoothly with a minimum of congestion and conflicting
movement.  Each driver is rewarded with lower vehicle operating
costs due to smoother operations and less delay and with
greater safety and comfort due to fewer conflicting traffic
movements.

This report and the model access management ordinance in
Appendix A were prepared
by the Ohio-Kentucky-Indiana Regional Council of Governments
(OKI) to provide local,

                                   -2-

county, and regional government units the means to understand
how the use of access management techniques can improve the
safety and efficiency of traffic flow while encouraging the use
and economic development of the land which abuts the public
roadways.  If the principles of access management are used as
a guide to planning and design of access points along a
developing roadway corridor, adequate access to property can be
provided and the capacity of the roadway can be maintained at
a relatively low cost.  If, however, the construction of access
points occurs at random with little or no thought given to
proper design or long-term effects, it will be very costly,
perhaps impossible, to correct the situation once development
along a corridor is complete.

Authority

The authority to adopt and enforce an Access Management
Ordinance is an example of the broad range of authority granted
by the state to local units of government to regulate the
design and construction of streets within their jurisdiction. 
The Kentucky Revised Statutes (KRS 100.273 and 100.281) grant
the authority to adopt and enforce these regulations to
properly authorized planning commissions.  In Ohio, this
authority is granted to boards of county commissioners and the
legislative bodies of villages and cities (Ohio Revised Code
711.05 and 711.09). Further, each of these governmental bodies
is given the authority to base their approval of subdivision
plats on the subdivider's compliance with these regulations.

Those public officials charged with the responsibility of the
application and enforcement of an access management ordinance
must realize that there are limits to its use.  Most
importantly, it must be understood that a property owner cannot
be denied reasonable access to his property unless compensation
is paid for the loss of use of the property.  Secondly, this
ordinance will not be particularly effective along fully
developed roadway corridors where poorly designed access points
are already in place and in use.  The purpose of the ordinance
is to ensure that access to property is properly provided along
currently developing corridors and those that will develop in
the future.  Some existing problems can be corrected, but this
will require a significant cooperative effort between private
property owners and the governmental unit.

The prudent application of the regulations set forth in this
ordinance and cooperation between interested parties should, in
all but the most extreme circumstances, provide for safe and
reasonable access between roadway and property.  In those
extreme cases,


                                   -3-


the location and nature of access points should be determined by
an engineering study which accounts for the special
circumstances present, the accepted use of the property, and
professionally accepted principles of traffic engineering and
operations.

Access Classifications

Before access management regulations can be effectively
implemented, the community officials must have a clear
understanding of the overall operation of their community's
roadway network, what function each of the streets provides, and
how future growth will affect the use of the system.  Ideally,
this information will be in the form of a Thoroughfare Plan or
Transportation Plan.  The Thoroughfare Plan identifies existing
and proposed roads within the community and will assign a
classification to each based on its use.  Typically, almost all
of the roadways over which the community has planning and
maintenance jurisdiction will fall into one of three
classifications: Arterial Streets, Collector Streets or Local
Streets.  The difference between the classifications depends on
the trade-off between providing mobility to through traffic with
higher speeds and traffic volumes and the degree of access to
abutting land which is permitted.  The priority on arterial
streets is to provide mobility to through traffic while the
priority on local streets is to provide access.  Collector
streets fall in between with the mobility and access functions
sharing the priority equally.  This trade-off between mobility
and access for the street classifications is shown graphically
in Figure A.

Section A of the model ordinance describes a separate but
closely related classification system that will be used in
conjunction with the functional classification system described
above.  Each roadway will be assigned an access classification
to identify the degree of access that will be allowed between
that roadway and the land which abuts it. There are three
classes of roadways: Class 1, Class 11, and Class 111, ranked
respectively from the most restrictive in the allowable degree
of access to the least restrictive.

It is possible that there will be exact correlation between the
roadways assigned as Class I and those classified as Arterials
(similarly, between Class 11 and Collectors and Class III and
local streets) in which case a separate classification system
would not be required.  However, where exact correlation is not
possible or desirable, the use of two classification systems
provides the necessary flexibility.  For example, due to
expected growth, a collector street may be expected to take on
more importance in future


                                   -4-


Click HERE for graphic.


This diagram graphically illustrates the relationship between
roadway function and classification.  A roadway which is
designated as an arterial by a community in its Thoroughfare
Plan will be used to carry traffic at relatively higher speeds
over longer distances.  The provision of access to abutting land
is subordinate to the mobility function in order to minimize the
delay to through traffic.  Only access to freeways, other
arterials, some collector streets, and some major traffic
generators is typically allowed.

Collector streets have a dual function.  They must carry through
traffic and provide access to abutting property with relatively
equal priority distributed to each function.  Collector streets
provide the connecting link between local streets and the
arterial network.

Local streets allow the greatest degree of access to abutting
property.  Provision for through traffic is clearly subordinate
to providing access.  Through traffic may even be prohibited on
local streets in residential areas.

                                   -5-

years.  A community may want to "protect" the future function of
that roadway by requiring the more restrictive access
requirements of Access Class I.

The basic tenet of a roadway in Access Class I is that the
provision of access is subordinate to providing service to
through traffic.  In fact, private access will only be permitted
when there is no other reasonable means to provide access. 
Access will be through connections to public streets which
intersect the Access Class I roadway.  The spacing of newly
created public streets will generally be according to the values
in Table I of the model ordinance or according to other
standards that the local government may choose to follow.  In
large developments, the construction of a frontage road system
may be required.  Where alternatives such as these are-not
possible at the time that the access is needed, a temporary
access point may be allowed until more suitable connections are
possible.

Under Access Class II it is understood that both functions of
mobility and access must be provided for.  The general provision
of Access Class 11 is that one private access point will be
provided for each parcel unless it can be shown that additional
access points are necessary and that they would not be
detrimental to the safety and operation of the roadway.

It is very important to note that the term "parcel" is taken to
mean, "a legally defined tract of land existing at the time that
the request for approval of development or subdivision plans is
made." For instance, the developer of a 10-acre parcel which
abuts a roadway classified as Access Class 11 will be allowed
only one access point to the Class 11 roadway regardless of the
number of lots he plans to subdivide the 10 acres into.  In this
case, the access point would probably be a dedicated subdivision
street with which all the individual driveways of the newly
created lots would connect.  Additional access points will only
be allowed if the developer can demonstrate that additional
points are necessary to provide adequate access based on the
approved use of the property or can be built without adversely
affecting the capacity of the roadway.  Any additional access
points that are allowed must still meet all applicable spacing
requirements which will be discussed later in this report.

As explained earlier, the primary function of a roadway
classified as Access Class III is to provide access to abutting
land.  For this reason, the only stipulation for an access point
to a Class III roadway is that the safety requirements as
described in Section C (Minimum Corner Clearance) and Section D
(Minimum Sight Distance) are met.

                                   -6-

Spacing of Access Points

One of the most important principles of access management and,
for that matter, of roadway design in general is to ensure
sufficient distance between the driveways and streets that
intersect any given roadway so that the roadway can function
properly.  Insufficient spacing can have serious impacts on the
safety of drivers and pedestrians, the efficiency of traffic
operations and the value of the property which abuts the
roadway.  Proper spacing will provide drivers sufficient
perception time to identify locations where they might expect
another vehicle or a pedestrian making a conflicting movement. 
Proper spacing will also allow more time for necessary
deceleration and lane changes providing smoother, more efficient
traffic flow.

Three sections of the Model Ordinance provide for the minimum
spacing of driveways and/or intersecting streets for different
circumstances.  Section B provides the "Minimum Spacing of
Driveways" to minimize the potential for accidents and delay to
through vehicles.  Since the emphasis is on facilitating the
through movement of traffic, the minimum distances set forth in
this section only apply to roadways classified by the local
government as Access Class I or Class 11 roadways.

Section C and Section D of the model ordinance, however, apply
to all roadways within the jurisdiction of the local authority
regardless of Access Class.  Section C specifies the "Minimum
Corner Clearance of Driveways from Intersecting Streets".  This
is necessary to ensure that vehicles turning out of driveways
have sufficient time to either 1) cross the traffic lanes with
a left turn movement, or 2) turn right and accelerate
sufficiently, without risk of conflict from a car coming
around the corner.  This section also provides for sufficient
vehicle stacking distance at intersections so that vehicles
backed-up at a traffic signal will not block the use of the
driveway.  Due to the differences in operations, there are
separate requirements for intersections controlled by traffic
signals and those with stop sign control.

Section D, "Minimum Sight Distances" specifies a very important
safety requirement.  The driver of any vehicle turning into or
out of a driveway or intersecting street must be able to see
sufficiently in all directions to determine whether there is
adequate time to complete the movement desired.  Sight distance
should be checked for all driveways and intersecting streets,
especially those located on or near curves in the roadway and
near the crests of vertical curves.  Visual obstructions such
as signs, walls, or vegetation too close to the corner at a
driveway or intersection can also cause sight distance problems
and should be avoided.

                                   -7-


In any circumstance where any two of sections B, C, and D
apply, the section which specifies the greater spacing
requirement must be followed.


Tailoring Access According to Needs and Limitations

The Model Ordinance was written with the assumption that it
would be applied after questions of general land use have been
answered.  Thoroughfare Plans must be considered when zoning
issues are being resolved because of the close relation between
land use and transportation.  Implicit with a decision to
change an isolated rural area into an active commercial or
industrial area is an obligation to make sure that the public
roadways are built or improved to the extent necessary to
support the proposed uses.  Once the general network is
established, site-specific questions about the nature of access
can be answered.

Determining the spacing between access points on a given
roadway is only one aspect of the design of the access points
to a particular property.  Further consideration must be given
to the design of access for each new development in order to
ensure that the access points adequately serve the use of the
developing land and that the use of the access points fits in
with the use of the neighboring roadway network.

The application of Section E of the Model Ordinance,
"Provisions for Maintaining the Capacity of the Roadway",
ensures that the impact of each new development on the roadways
around it will be considered in determining the nature of
access to the property.  The capacity of a roadway is an
indication of the volume of vehicles that a roadway can carry,
usually measured in terms of vehicles per hour.  The capacity
of a particular roadway is dependent on the physical and
operational characteristics of the roadway and of the area
immediately surrounding it.  Examples of these characteristics
are the number and width of lanes available for through
traffic, the operation of traffic controls at intersections and
driveways, and the effectiveness of internal traffic
circulation systems.

As stated earlier, a property owner cannot be denied reasonable
access to his property unless compensation is paid for the loss
of the right of access.  Section F specifies that each property
will be granted at least one means of access provided that the
access design meets the sight distance requirements, and also
specifies that properties with large frontages (greater than
500 feet) may be granted additional access points if the other
standards in the ordinance are met.

                                   -8-


In some circumstances, due to phased development or future
roadway improvement plans, it is possible to allow an access
point with a design or location which will ultimately interfere
with the operation of traffic on the through street or is
otherwise not in compliance with the ordinance, but for now is
the best practical alternative.  Such an access point would be
designated as "Temporary" with the understanding that as
additional development occurs or when certain traffic conditions
on the roadway are met, the temporary access must be converted
to a new access scheme which meets all applicable requirements
of the ordinance.  This principle of "Temporary Access Points"
is specified in Section J of the Model Ordinance and an example
of its application is described below.

The owner of the property between West Street and East Street on
the north side of Midtown Road has plans to develop his property
with a restaurant, retail shops, and a movie theater.  Once
development is complete the site layout will be as shown in
Figure B.1, but he wants to build only the restaurant first and
not build the remaining facilities for another five years. 
Rather than requiring the property owner to build and maintain
the major entrance midway between East Street and West Street,
he is given permission to build a temporary driveway, for
right-turn-in movement only, closer to the West Street-Midtown
Road intersection as shown in Figure B.2. When the property is
finally developed, the owner will be required to close the
temporary driveway and construct the major entrance as planned. 
As Section J of the ordinance requires, the temporary access
point in Figure B.2 will be so noted on the official plans and
permits associated with the property.

In order to ensure that temporary access points do not remain in
use indefinitely, local governments should require that plans
for the eventual, permanent access points be completed and
approved before temporary access is allowed.  Communities may
even require that temporary access points be converted within a
given period of time, five years perhaps, or that developers pay
a performance bond to guarantee that temporary access points are
eventually converted to an access system which meets the
requirements of the ordinance.

The use of temporary access points can be beneficial as
illustrated above, but local governments should be somewhat
conservative in using them.  It will require an extra
administrative effort to periodically review the temporary
access points to ensure that they are converted to compliance
with the ordinance when it is appropriate to do so.

                                   -9-


Click HERE for graphic.

Developers should be encouraged to "get it right the first
time" and must understand that temporary access points to the
public roadways will only be allowed when justified.

Sections G, H and M of the Ordinance spell out different
alternatives which should be considered when determining
reasonable access to a particular property.  These alternatives
may be applied singly or in combination to determine the best
possible design for the access and system coordination.  These
sections will allow site developers and government officials to
make sure that access points to properties on opposite sides of
the street are coordinated so that they don't conflict with one
another causing difficult traffic movement.  The use of
frontage roads, shared driveways, and interconnected parking
areas serves to localize access needs and reduces the use of
the highway for travel between adjacent properties.  If parking
lots in areas of commercial development are sufficiently
interconnected, a consumer wanting to shop at several different
stores can travel between those stores without interfering with
the through traffic on the adjacent arterial street.

Another very important aspect of tailoring access to the needs
of an area concerns the use of exclusive turn lanes and
deceleration/acceleration lanes.  Traffic operations will be
safer and more efficient when vehicles that are slowing down or
stopped in order to make a turning movement are separated from
the flow of through traffic.  On roads with higher travel
speeds, vehicles reentering the traffic stream may need an
acceleration lane to pick-up sufficient speed to merge safely
with the through traffic.  In areas where the need for these
additional lanes can be attributed to a particular development,
the developer shall be expected to provide sufficient right-of-
way and construct them.  This requirement is specified in
Section L.

Some access points, whether they are private driveways or
public street intersections, may be expected to handle large
volumes of traffic or may otherwise warrant the installation of
a traffic signal to adequately accommodate the flow of traffic. 
Considerable care must be taken to ensure that signals are
properly designed and possibly coordinated with adjacent
signals in order to operate effectively.  Section K, "Spacing
Restrictions for Signalized Access Points," specifies that
those access points warranting signalization (whether
installation of a signal is currently planned or not) shall be
spaced at least a quarter of a mile apart.  This allows for
future coordination of the

                                  -11-

signal system if it is desired.  Further, the ordinance requires
that any decision to install a signal be based on an engineering
study.

Although traffic signals are required in some circumstances,
there are many other cases when their use is entirely
inappropriate.  In fact, an unnecessary or poorly designed
signal may actually cause an increase in congestion or in the
number of accidents at a particular location.  Section K
specifies that a fairly extensive study be conducted to justify
each signal.  This requirement should be closely adhered to.

The standard design features of access points and intersecting
streets are not specified in detail in the Model Ordinance. 
Section 1, which mentions the details, refers to the Subdivision
Regulations for this information.  This section of the Model
Ordinance was included to serve as a reminder to all units of
government wishing to adopt this ordinance that all existing
regulations should be cross-checked against this ordinance to
ensure that no conflicts between documents exist.  All such
conflicts should be resolved during the approval process in
order to eliminate the confusion and lack of enforceability that
such a conflict might cause.

Inter-agency Coordination

In some circumstances a developer or property owner who wants to
construct a new access point to a highway may be required to
obtain approval from the appropriate state highway agency as
well as from the local agency.  Section N of the model ordinance
clearly states that approval at both levels is required before
any construction or use can begin.  Local authorities should be
aware of which highway segments within their jurisdiction remain
under state control and, if possible, should meet with authorities
from the state highway agency to develop a joint
understanding of how a particular highway segment should
develop.  Prior coordination should alleviate any confusion and
should speed up the approval process when actual development
plans are submitted.

Waiver of Requirements

The last section of the ordinance is a very powerful part of the
ordinance but must be used with discretion in order for the
entire ordinance to remain effective.  Section 0 allows the
Zoning Administrator or the Planning Commission to waive the
requirements of this ordinance in special circumstances where
strict adherence to the regulation would cause unreasonable
hardship on a particular landowner or in a situation where an
alternative access plan has been submitted that meets the
objective of the ordinance

                                  -12-


even though it is not in strict compliance with one or more
sections.

Use of this section must clearly be the exception rather than
the rule.  Overuse will cause developers to lose respect for
the principles put forward by the remainder of the ordinance,
if they come to believe that they are likely to be granted a
waiver from compliance.  A liberal policy of granting
exceptions may also make the community more liable to face
legal challenges, on the basis that granting an exception to
one developer while forcing another to comply with the
regulation may seem discriminatory or capricious.

It is strongly recommended that any waiver be granted only as
a result of overwhelming evidence that compliance with the
regulations will not allow reasonable access to a particular
property.  This evidence should be a technical study conducted
by a qualified transportation engineer and should clearly
quantify the justification for the waiver.  The burden of proof
should clearly be placed on the developer or land owner to
prove that it is impossible to provide reasonable access to the
property if the regulations are strictly adhered to.

Limitations

An Access Management Ordinance will provide a great benefit in
many communities experiencing growth along their roadways, but
it should not be considered to be a solution to all traffic
problems.  The ordinance will be most effective in preventing
future problems along corridors that are currently undeveloped
or only moderately developed but are expected to develop more
intensely in the future.  The emphasis is on prevention, not
correction.

This is not to say that existing problems can't be corrected
(or at least reduced).  Section H of the Model Ordinance,
"Consolidation of Existing Access Points,' provides a mechanism
to require property owners to correct problems as the use of a
particular property changes.  This is essentially a process
equivalent to "non-conforming use" provisions contained in most
zoning regulations.  Such changes will happen slowly but can be
an essential part of long-term plans to improve traffic
conditions in any community.

Another tool which can be used to identify solutions to
traffic congestion problems along developed corridors is the
Corridor Plan or Corridor Study.  A corridor plan can

                                  -13-


identify improvements to the access and operational systems
within a corridor which are needed in order to minimize traffic
conflicts and delays while maintaining reasonable exposure and
access to development fronting the corridor.  Although the same
access management principles found in the model ordinance would
be applied, compromise solutions must often be accepted in order
to avoid undue hardships on owners and users of the existing
development.  Where a corridor plan is completed and adopted by
the community as an official planning document, it will take
precedence over the provisions of the ordinance in guiding
development within that corridor.

Finally, even with the use of the Access Management Ordinance
and corridor plans, there may be some roadways which do not have
sufficient capacity to handle the volumes of traffic that they
are expected to serve.  Capital improvement programs must be
developed to provide for the major improvements or
reconstruction that may be required.  Access Management is no
substitute for this process.  Once major improvements are
completed, however, it is vitally important to protect the
utility of those roadways through access management and
efficient traffic operations.  Otherwise, it will only be a
matter of time before the roadways become obsolete again.

Review and Adoption

Each community considering adding this ordinance to their
existing land-use regulations must conduct a very careful review
of the document.  Since the model ordinance is a generic
document, written for use by several different levels and types
of governmental units, it will require some tailoring to ensure
that it is in agreement with the community's plans, goals, and
existing regulations.

The review process should consider the viewpoints of private
concerns likely to be affected by the eventual use of the
ordinance.  A committee made up of representatives of
organizations such as home owners associations, chambers of
commerce, local development firms, and neighborhood groups to
participate in the review and adoption process will help to
educate the community of the potential benefits of efficient
regulation of access.

Those guiding the adoption process should also attempt to
coordinate their efforts with adjacent communities and
jurisdictions in order to standardize access management policies
on a regional basis.  Cooperation on a regional scale will help
to discourage "hopscotch" development and will minimize the
adverse impacts that intense development can have on neighboring
communities.

                                  -14-


Another aspect which must be carefully considered during the
review and adoption period is whether the necessary
administrative requirements can be accommodated. 
Responsibilities for checking access on plats and site plans
must be assigned to departments or specific employees within the
community's planning and engineering offices.

It is common practice by state agencies and by many county and
local agencies to require permits for any new access to
roadways.  Even if this practice is currently in place,
communities should determine whether the permit fees are
sufficient to cover additional administrative costs which may be
incurred.  The permit procedure must also be set up so that
temporary access points, as defined in Section J of the Model
Ordinance, can be granted and monitored.

Finally, all units of government considering the adoption of
this ordinance must include their legal counsel in the review
process to ensure that there is a complete understanding of the
legal responsibilities that are inherent to the adoption and
enforcement of this ordinance.  Legal review should also help to
identify and resolve any conflicts which may exist between the
ordinance and existing statutes.  Appendix B contains a
memorandum which identifies and discusses several of the broad
legal issues related to the adoption and enforcement of the
Model Ordinance.

Summary

Adoption of this Model Access Management Ordinance will give a
community a considerable amount of power to regulate the design
and construction of access to new development.  It must be
remembered that the intent of the ordinance is not to place
unreasonable demands on developers, but rather to ensure that
the provision of vehicular access to private property does not
interfere with the safety and welfare of those using the public
roadways.  Where conflicts between public and private interests
exist, the Model Ordinance should be used as a path, rather
than a barrier, toward a solution.

Hopefully, this material will serve as a guidebook for local
communities and counties as they consider the adoption and
enforcement of an access management ordinance.  There has been
an attempt to provide answers to many of the questions that are
bound to be asked during the adoption process.  There are some
issues that must be addressed by each community according to
their related land use regulations, their organizational
structure, and their adopted plans and policies.  Participation
in the

                                  -15-


adoption process by all interested parties should be encouraged
in order to ensure a broad understanding of the principles of
access management and to enlist greater cooperation in the
enforcement of the ordinance, once adopted.

Everyone will benefit from the effort to provide reasonable
access from public roadways to abutting private property. 
Access to the property will be quick, convenient, and easily
identified, traffic congestion and its effects on property
values and aesthetics will be minimized, and most importantly,
the public will be able to travel in a safer environment with
less overall delay.


                                  -16-


                             APPENDIX A
                  MODEL ACCESS MANAGEMENT ORDINANCE


                 Model Access Management Ordinance
                          Prepared By The
       Ohio-Kentucky-Indiana Regional Council of Governments



In order to promote safe and reasonable access between public
roadways and adjacent land; improve the convenience and ease of
movement of travelers on public roads; and permit reasonable
speeds and economy of travel while maintaining the capacity of
the roadway, the location and design of access points shall be
in accordance with the following access management regulations. 
These regulations shall apply to all existing, planned, or
proposed roadways within the jurisdiction of (Name of Village,
City, County, or Planning Agency).  New or proposed roadways
within the city (county or village) not identified on the
adopted Thoroughfare Plan shall interconnect with the existing
roadway network in a uniform and efficient manner.  Table 1
provides the typical spacing of the various types of roadways
within different areas of the. city (county or village).

                               Table 1
                      Typical Roadway Spacing

                        Range of Spacing (in miles)
                        Location Within Urban Area

Roadway               Central      Central       Sub-
 Type                 Business      City        Urban
                      District
-------------------------------------------------------
Freeway                  2.0         4.0         6.0
Arterial               0.2-0.5     0.5-1.0     1.0-2.0
Collector              0.1-0.3     0.2-0.5     0.5-1.0
Local                 0.05-.10     .05-.10     .05-.10


A. Access Classification of Roadways: The Planning Commission
shall assign to each roadway, or portion thereof, within the
planning jurisdiction of the city (village or county) an
access classification based on a consideration of existing
and projected traffic volumes, adopted local transportation plans
and needs, the existing and/or projected character of lands
adjoining the roadway, adopted local land use plans and zoning,
and the availability of reasonable access to those lands.  These
access classifications are defined as follows:


   1. Access Class I: These roadways are capable of providing
medium to high speeds and traffic volumes over medium to long
distances.  Direct access to abutting land is subordinate to
providing service to through traffic.

      a. Private direct access to a Class I roadway shall be permitted
only when the property in question has no other reasonable
access to the public roadway network.

      b. The design and location of allowable private access points
must comply with all applicable sections of this regulation.

      c. All private direct access points to Class I roadways shall be
designated as "Temporary" and all requirements of Section J
(Temporary Access Points) of this regulation shall apply.

      d. The following roadways are hereby designated as Access
Class I roadways: (List roadways and termini).

   2. Access Class II: These roads are capable of providing
moderate travel speeds and traffic volumes and generally
provide the linkage between Access Class I and Access Class
III roadways.  There is a reasonable balance between access
and mobility needs within this classification.

      a. Generally, only one private access point shall be provided to
an individual parcel from an Access Class II roadway unless
it can be shown that additional access points would not be
detrimental to the safety and operation of the roadway and
are necessary for the approved use of the property.

      b. The design and location of allowable access points must
comply with all applicable sections of this regulation.

      c. The following roadways are hereby designated as Access Class
II roadways: (List roadways and termini).

   3. Access Class III: These streets allow for low to medium
travel speeds and traffic volumes and are linked to the
roadway network through intersections with Access Class I or
II roadways and other Access Class III roadways.  Access
needs take priority over through traffic movement without
compromising the public health, welfare, and safety.

      a. The number of access points to a parcel is limited only to
the requirements of Section C (Minimum Corner Clearance) and
Section D (Minimum Sight Distance) of this regulation.

      b. All roadways or portions thereof as shown on the Thoroughfare
Plan not previously designated as Access Class I or Access
Class II roadways are hereby designated as Access Class III
roadways.

                                A-2

B. Minimum Spacing of Driveways: In order to minimize the
potential for accidents and delay to through vehicles, all
adjacent driveways onto Class I and Class II roadways must be
separated by the minimum distance measured from near edge to
near edge of adjacent driveways as shown in Table 2 according
to the posted speed limit on the roadway.

                              Table 2
               Minimum Spacing of Adjacent Driveways

           Posted Speed Limit      Minimum Spacing (feet)
           ------------------      ----------------------
                    20                     85
                    25                    105
                    30                    125
                    35                    150
                    40                    185
                    45                    230
                    50                    275

(Source:  Adapted from Access Management for Streets and Highways,
Report IP-82-3, Federal Highway Administration, Washington, D.C.,
June, 1982.)

Additionally, the spacing of adjacent driveways should be as
uniform as possible between major intersections.  Distances
between adjacent one-way driveways with the inbound drive
upstream from the outbound drive can be one-half the
distances shown on Table 2 providing that other requirements
are satisfied.

C. Minimum Corner Clearance of Driveways from Intersecting
Streets: The location of driveways adjacent to intersecting
streets shall conform to the minimum corner
clearances provided in Figure 1.

Click HERE for graphic.

                                   A-3

                                   -4-

Click HERE for graphic.

Click HERE for graphic.


(Source:  Adapted from Stover, Adkins, and Goodknight,
Guidelines for Medial and Marginal Access Control On Major
Roadways, National Cooperative Highway Research Program
Report 93, 1970.)


D. Minimum Sight Distances: All driveways and intersecting
roadways shall be designed and located so that the minimum
sight distances as shown in Figure 2 are provided:

                                   A-4

Click HERE for graphic.

(Source: Traffic Management of Land Development course materials,
The Traffic Institute of Northwestern University, Evanston, Illinois,
January, 1987)

                                   A-5


E. Provisions for Maintaining the Capacity of the Roadway: The
Planning Commission or Zoning Administrator may require that
upon completion of a development all traffic requiring access
to and from the development shall operate in such a manner as
to not adversely affect the capacity of the roadway. 
Provisions for the present or future construction of a
frontage road, restriction or channelization of turning
movements, or other improvements may be required, as a
condition of approval, in order to maintain the capacity of any
adjacent roadway.

F. Number of Access Points: Each existing tract of land is
entitled to one direct or indirect access point to the
public roadway network provided that its location and design
fulfill, as a minimum, the requirements of Section C
(Minimum Corner Clearance) and Section D (Minimum Sight
Distance) of this regulation.  Where the roadway frontage of
a tract of land is greater than 500 feet, an additional
access point may be allowed if determined by the city (village,
or county) engineer that the access point will not adversely
affect the capacity of the roadway.  Any additional access point
must be in compliance with all applicable sections of this
regulation.

G. Coordination of Access Points: Major access points on
opposite sides of the Class I and II roadways shall be
located opposite each other.  If not so located, turning
movement restrictions may be imposed as determined necessary
by the Planning Commission or Zoning Administrator
(whichever is applicable).  In addition, in order to
maximize the efficient utilization of access points, access
drives shall be designed, located, and constructed in a
manner to provide and make possible the coordination of
access with and between adjacent properties developed
(present or future) for similar or compatible uses.  As a
condition of approval for construction, use, or reuse of any
access point, the Zoning Administrator or Planning
Commission may require that unobstructed and unencumbered
access, in accordance with the provisions of this ordinance,
be provided from any such access point to adjacent
properties.

H. Consolidation of Existing Access Points: Whenever the use of
a parcel of land changes, or two or more parcels of land are
assembled under one purpose, plan, entity, or usage, the
existing driveway permits shall become void and the new
permit shall be based upon the owner/developer's plans to
use some existing driveways and/or close or relocate other
driveways.  Any such new or reauthorized access point must
be in compliance with all applicable sections of this
regulation.

                                A-6

I. Design of Access Points: The width, angle, grade, curb
radii, and other design aspects of access points shall be
in accordance with Chapter of the Subdivision Regulations
of (name of city, county or village).

J. Temporary Access Points: Any access point that does not
comply with one or more sections of this regulation may be
designated as "Temporary" upon approval by the Planning
Commission or Zoning Administrator.  In all cases where
said access points are classified as "temporary", such
designation shall be duly noted on the plot plan or site
plan submitted for approval and also upon the deed of the
property in question.  When a property served by a
temporary access point is provided an alternative means of
access, such as a connection to a frontage road, an
intersecting street, or a shared driveway, the Zoning
Administrator or Planning Commission may require that the
temporary access be eliminated, altered, or limited to
certain turning movements.

K. Spacing Restrictions for Signalized Access Points: Access
points shall be designed such that those which will warrant
signalization shall be spaced a minimum distance of one
quarter mile apart and one-quarter mile from the nearest
signalized intersection.  The location and design of the
signalized access points shall be determined by a traffic
engineering study prepared by a qualified traffic engineer
at the developer's expense.  This study shall be subject to
the approval of the Zoning Administrator or Planning
Commission and shall account for at least the following
variables:

   (1) Traffic signal phasing as determined by analysis of
projected turning movements;

   (2) Traffic signal cycle length as determined by analysis
of projected traffic volumes;

   (3) Type of signal to be installed (actuated or pretimed)

   (4) Relationship to adjacent signals (existing or proposed)
for purposes of signal interconnection and coordination;

   (5) Roadway geometrics and sight distance considerations; and

   (6) Accident experience.

If the installation of a traffic signal is approved, the
developer may be required to participate in the cost of
design, purchase, installation, operation and maintenance
of the signal equipment.

                                A-7

L. Provision of Exclusive Turning Lanes and Deceleration/Acceleration
Lanes: At those access points where vehicles turning to and from
the roadway will affect the capacity of the roadway or create an
unacceptable accident risk, the developer shall dedicate sufficient
right-of-way and construct turning lanes or deceleration/
acceleration lanes as necessary to maintain the capacity of the
roadway and minimize the potential accident risk.

M. Provision of Frontage Roads: The Planning Commission or
Zoning Administrator may require the use of frontage roads
to provide access to property adjacent to Access Class I
roadways.  The landowner/developer may be required to
construct the frontage road to the side and/or rear property
lines or reserve sufficient right-of-way to allow future
construction.  As adjacent property develops landowner/developers
shall be required to interconnect the individual portions of frontage
roads as appropriate.  Access to the roadway via an intersecting
street or a shared driveway may be required if the use of a frontage
road is not feasible.

N. Approval of Access Points Along Routes Maintained or
Controlled by the State Highway Agency: A copy of the plans
for all access points to be constructed along a state-
maintained or controlled route shall also be submitted to the
State Highway Agency for review and approval during the same
time as plans are submitted to the Planning Commission. 
Permission for the construction of access points along
state-maintained roadways is subject to the approval of plans by
both the local and state agencies.

O. Waiver of Requirements: The Zoning Administrator or Planning
Commission may, at its discretion, reasonably waive or modify
the requirements of this regulation, if it is determined that
such action is warranted given the nature of the individual
project.

                                A-8


                             APPENDIX B
        DISCUSSION OF LEGAL ISSUES UNDER OHIO STATUTORY LAW


                     DISCUSSION OF LEGAL ISSUES
                      UNDER OHIO STATUTORY LAW


This portion of the report contains a legal memorandum prepared
by the law firm of Taft, Stettinius, and Hollister of
Cincinnati, Ohio.  Funding for this legal review of relevant
Ohio laws was provided by the Ohio Department of Transportation. 
Funding for a similar review of Kentucky laws was not available.

The memorandum discusses legal issues related to the adoption
and enforcement of the Model Access Management Ordinance
(Appendix A), focusing primarily on Ohio statutory law.  While
specific reference to statutes, court cases, or interpretations
presented in this memorandum may not be appropriate in other
states, this memorandum should still serve to identify some
major issues related to the adoption and enforcement of an
access management policy.


                        M E M O R A N D U M


RE:      Ohio-Kentucky-Indiana Regional Council of
Governments-Model Access Management Ordinance

The Ohio-Kentucky-Indiana Regional Council of Governments
("OKI") has prepared a draft Model Access Management Ordinance
("Ordinance") intended to regulate the location and design of
access points to existing and future roadways within the
jurisdiction of any municipality which adopts the Ordinance or
similar legislation.  The following discussion pertains to
certain legal issues related to the adoption and enforcement
of the Ordinance.  While cognizant of related principles found
in the United States Constitution and regional state
constitutions, this Memorandum will focus on the legal issues
that arise under Ohio statutory law.

   1. Do counties and municipalities have the authority to adopt
and enforce access management regulations so that compliance with
the regulations by a developer is a necessary condition for the
approval of subdivision plats?

Ohio counties and municipalities have clear authority
under Ohio law to adopt and enforce access management
regulations such as the Ordinance.  Ohio Revised Code ("ORC")
Section 711.05 provides in pertinent part:

The Board [of County Commissioners] may adopt general
rules governing plats and subdivisions of land
falling within its jurisdiction, to secure and
provide for the coordination of the streets within
the subdivision with existing streets and roads or
with existing county highways, for the proper amount
of open spaces for traffic, circulation, and utilities, and
for the avoidance of future congestion of population
detrimental to the public health, safety, or welfare . . . .
where [the Board] has set up standards and


specifications for the construction of streets,
utilities, and other improvements for common use,
such general rules may require the submission of
appropriate plans and specifications for approval.

Ohio Rev.  Code Ann. . 711.05 (Baldwin 1986) (emphasis added).

ORC Section 711.09 contains virtually identical language
giving authority to city planning commissions, acting on
behalf of incorporated municipalities, to adopt rules and

regulations governing plats and subdivisions of land falling
within the jurisdiction of such commissions.  These grants of
authority to coordinate traffic within the municipal entities
encompass access management as set forth in the Ordinance.

The Ohio Attorney General ("OAG") has consistently ruled that
the statutes referred to above give authority to municipal
entities to adopt and enforce rules and regulations
establishing standards and specifications for the construction
of streets, sidewalks, curbs and gutters and such rules and
regulations may require compliance therewith as a condition
precedent to the approval of a plat.  See 1962 Op.  Ohio Att'y
Gen. 3166; 1962 Op.  Ohio Att'y Gen. 3285.  Consistent with
the Ohio statutes and the OAG interpretation thereof, plat
compliance with the Ordinance may legally be required and
enforced.

   2. Is the regulation of access to land abutting public
roadways through the use of the Ordinance a valid exercise of
police power?

The use of the Ordinance and its regulation of land use and
access management is a legitimate exercise of governmental
police power.


                                   -2-

The Ohio Supreme Court has framed the issue of determining the
constitutionality of a statute as measured by the police power
as being an inquiry into:

[W]hether (the] statute is an unreasonable,
arbitrary, and oppressive exercise of the police
power and whether it is really designed to accomplish
a purpose falling within the scope of the police
power.  Every reasonable presumption is indulged in
favor of its constitutionality, and if the statute
bears any reasonable relation to the public welfare
and public morals, the Courts may not declare it to be
invalid.

Davis v. State, 118 Ohio St. 25 (1928).

The Court of Appeals for Franklin County, Ohio, has
specifically considered the issue of the regulation of the
rights of ingress and egress to private property by zoning
ordinance, and concluded that "[a] legislative authority may,
in the lawful exercise of the police power, regulate the right
of ingress and egress without compensation, so long as there
is no denial of ingress and egress." Windsor v. Lane Develop. 
Co., 109 Ohio App. 131, Syll. 3 (1958) (emphasis original). 
The court further noted "[s]uch regulation of ingress and
egress ... is a reasonable and lawful regulation no greater or
more serious in its application to property rights than is
any zoning ordinance regulating the use of property, and
constitutes a constitutional exercise of police power.' Id. at
138.

The Ordinance has as its stated purpose the promotion
of safe and reasonable access between public roadways and
adjacent land, the improvement of convenience and ease of
movement of travelers on public roads, and the allowance of
reasonable speeds


                                   -3-

and economy of travel while maintaining the capacity of
roadways.  ORC Sections 711.05 and 711.09 make clear the
general authority of municipal entities to regulate access to
the public roadway system and to otherwise impose restrictions
and conditions upon the design and placement of curbs and
other access points.  The Ordinance contains no provisions
which operate to eliminate entirely access to the public
roadway system from any private tract.  Section F of the Model
Access Management Ordinance provides that 'each existing tract
of land is entitled to [at least] one direct or indirect
access point to the public roadway network."

Accordingly, whether or not the Ordinance might be
deemed to be an "unreasonable, arbitrary or an oppressive
exercise of the police power' will depend upon a determination
as to whether or not the specific restrictions imposed by the
Ordinance bear a reasonable relation to the public safety
purpose of the Ordinance.  In this regard, each of the
specific regulations, such as minimum spacing of driveways,
minimum corner clearance of driveways, and minimum site
distances imposed by the Ordinance are derived from pre-
existing, recognized studies, including studies conducted by
the Federal Highway Administration and the National
Cooperative Highway Research Program.  Assuming that the
specific guidelines and restrictions on access points
incorporated into the Ordinance from the research studies
referred to in the Ordinance can be supported as being
designed, in the aggregate, to promote the stated goals of the
Ordinance, the Ordinance should be judged as a valid exercise
of the police power.


                                   -4-

   3. Is the distinction between the "access classes"
provided for in Section A of the Ordinance and "limited access
highways" as defined in Ohio Revised Code Sections 5511.02 and
717.04   sufficiently clear?

The distinction between the more restrictive designation of
"limited access highways" found in the Revised Code and the
Ordinance "access classes" is sufficiently clear.

ORC Section 5511.02 defines a "limited access highway"
or "freeway" as "a highway especially designed for through
traffic and over which abutting property owners have no
easement or right of access by reason of the fact that their
property abuts upon such highway, and access to which may be
allowed only at highway intersections designated by the
[director of highways]." Ohio Rev.  Code Ann. .5511.02
(Baldwin 1986) (emphasis added).  Pursuant to this statute,
abutting property owners may lose all right of access to the
roadway designated as a limited access highway.  Neuweiler v.
Kauer, 62 Ohio L. Abs. 536 (Sandusky Cnty.  C.P. 1951).  The
extent to which access to a limited access highway will
actually be curtailed is discretionary with the director of
highways, who may in fact permit private access roads or
otherwise allow access at locations other than designated
highway intersections.  Rothwell v. Linzell, 163 Ohio St.
517 (1955), appeal dismissed 350 U.S. 1012 (1955).

ORC Section 717.04 contains almost identical language
and allows a municipal corporation to establish and regulate
"limited access highways" or "freeways".  Just as with the
director of


                                   -5-

transportation under ORC Section 5511-02, a municipal
corporation must officially designate a street or highway as a
"limited access highway."

By contrast, Section A of the Ordinance creates three
access classes.  With respect to access Classes II and III,
the Ordinance specifically provides that at least one private
access point shall be provided to each individual parcel
abutting all access Class II and III roadways.  Private direct
access to all Class I roadways is permitted by the Ordinance
"only when the property in question has no other reasonable
access to the public roadway network'.  However, Section F of
the Ordinance provides that "each existing tract of land is
entitled to one direct or indirect access point to the public
roadway network." Read together, Sections A and F of the
Ordinance make clear that each private tract of land within
the jurisdiction of any governing body adopting the Ordinance
must be provided at least one access point onto the public
roadway network.  Even in the case of Class I roadways, direct
private access to such roadway must be permitted in the event
that the tract of land has no other "reasonable" access to the
roadway system.  Accordingly, the Ordinance provides a clear
distinction between Class I roadways (to which either direct
or indirect access must be provided) and "limited access
highways' (which may provide no access whatsoever to abutting
landowners),.

   4. To what degree have Ohio courts allowed the alteration,
limitation or elimination of existing access points to roadways?

It is extremely difficult to define precisely the exact limits of
abutting property rights of ingress and egress to


                                   -6-

property, balanced against the legitimate concerns of public
safety and traffic management.  Ohio courts have given
significant weight to the general premise that the private
right of access to and from private property must give way
where it interferes with public safety concerns.  See, e.g.,
Jackson v. Jackson, 16 Ohio St. 163 (1865); Miller v. Barry
Hill Nursery Co., 7 Ohio App. 2d 30 (Clark Cnty.  Ct.  App.
1966).  However, the more severe the curtailment of the access
rights of abutting property owners to adjoining highways, the
more likely that a taking requiring compensation will be
deemed to have occurred.  See 54 Ohio Jur. 3d Highways,
Streets, and Bridges . 310 (1984).

As a general principle, access between private
property and the public highway system is an incident of
ownership of property abutting such highway, which cannot be
deprived without compensation.  See generally Annot., 73
A.L.R. 2d 689 (1957).  Notwithstanding the foregoing, however,
courts have almost universally recognized the principal that
government has the power to promulgate and enforce traffic
regulations in the interest of the general public, even if
these regulations interfere to some degree with the
convenience of access to private property.  Id.

The issue becomes one of degree between compensable
and noncompensable impairments to access.  Much of the
confusion in this area of the law stems from the concepts of
"access* and "access control".  Access can be viewed as a
*private right or easement for purpose(s) of ingress to and
from... realty." State ex rel.  Merritt v. Linzell, 163 Ohio
St. 97 (1955).  Access control is intended to


                                   -7-

preserve the traffic capability of the highway and enhance the
safety of the highway.  See generally L. Thomas, Legal
Implications of Control of Access to Uncontrolled- Access
Highways, Transportation Research Board, No. 936-N21.  Thus,
there is an inherent conflict between the goals of access control
and an abutting property owner's right of access.

In sum, regulations which have the practical effect
of entirely cutting off access to private property have been
held to be unreasonable, while those regulations which
preserve access to property while restricting the exact
location of such access in conformity with traffic regulations
designed in the interest of public safety, have been held to
be reasonable.

Under Ohio case law, the delineation between
reasonable and unreasonable access regulations is blurred. 
The cases fail to draw a clear line, or test to determine when
a government's exercise of its police power resulting in
damage to property for which no compensation is paid, goes
"too far" and becomes a regulatory taking for which
compensation is due the injured property owner.  Of note is a
trilogy of recent United States Supreme Court cases which
suggest that a heavy burden is placed on a landowner who
claims that a land-use regulation works an unconstitutional
taking of property. See Keystone Bituminous Coal Ass'n v.
DeBenedictis, 107 S. Ct. 1232 (1987).

It is clear that the right to ingress and egress is a
property right which may not be interfered with or
appropriated without making compensation therefor.  Director
of Highways v.


                                   -8-

Kraemer, 23 Ohio App.2d 219 (Trumbull Cnty.  Ct.  App. 1970). 
In determining the (unreasonableness of the interference to
access the courts have formulated a variety of tests.  In
State ex rel.  Merritt v. Linzell, 163 Ohio St. 97, Syll. 1
(1955) the court held that the private property right for the
purpose of ingress and egress "may not be taken away or
destroyed or substantially impaired without compensation
therefor." The court concluded that there was no taking and
thus no compensation required where a property owner alleged
damage after an abutting state highway was relocated and the
old highway converted to a county road.

The court used a similar test in New Way Family
Laundry, Inc. v. Toledo, 171 Ohio St. 242 (1960) where it
concluded that the right to ingress and egress could not be
'taken away or substantially impaired' without compensation
therefor.  The court held that the construction of a divider
strip eliminating left turns from and into abutting property
and requiring a circuity of travel did not constitute an
actionable interference with the property owner's access
rights.  See also In re Appropriation for Highway Purposes, 6
Ohio App.2d 6 (Allen Cnty.  Ct.  App. 1966) (extinguishment of
"nearby indirect access to the limited access highway,
resulting in a mere circuity of travel to reach such highway"
did not constitute unreasonable interference with access
rights).

In Windsor v. Lane Development Co., 109 Ohio App. 131
(Franklin Cnty.  Ct.  App. 1958), the court upheld an
ordinance which had the effect of enjoining a shopping center
developer from using a


                                   -9-

pre-existing driveway as a means of ingress and egress to the
shopping center (there being other, less-direct access to and
from the shopping center).  The court found the ordinance to
be a reasonable regulation which did not require compensation
to the shopping center developer, on the grounds that the
ordinance reasonably furthered its intended purpose to
restrict commercial traffic in a predominantly residential
area.  The court summarized its view of the law on the general
subject of restriction or denial of access to property as
follows:

Although we do not claim that the law of Ohio is such
as to permit the absolute denial of access under the
police power, we note that in the case of Wood v.
City of Richmond,..., the Supreme Court of Appeals of
Virginia, in upholding a zoning ordinance, effected
the denial to a filling station owner of the use of a
driveway which he had constructed pursuant to a
permanent easement but in contravention of the zoning
ordinance.

The zoning ordinance before us does not purport to be
an absolute denial of ingress and egress.  Its effect
is to limit ingress to and egress from property in a
. . . residential zone to ingress and egress for
single-family dwelling purposes only.  It is
consistent with and promotes the safety, comfort,
health and general welfare of the public to limit
access to a street zoned for residential use to the
type of traffic incident only to such use.

Windsor, 109 Ohio Apo. at 137, 138.

By contrast, in Cleveland v. Antonio, 100 Ohio App.
334 (Cuyahoga Cnty.  Ct.  App. 1955), an ordinance was struck
down which prohibited the operation of trucks with a gross
weight in excess of 4 tons, between the hours of 10 p.m. and 6
a.m..on designated streets.  The purpose of the ordinance was
to prevent undue noise


                                  -10-

and vibration at night in a principally residential district. 
The court, however, ruled that the ordinance constituted an
unreasonable and arbitrary exercise of the police power
because the defendant trucking company was, as a practical
matter, prohibited entirely from operating its trucks to and
from its garage during the restricted hours.

On balance, the access management provisions of the
Ordinance do not appear to destroy or substantially interfere
with the access rights of abutting property owners.  By
providing that each existing tract of land is entitled to at
least one direct or indirect access point to the public
roadway network, this preservation of access appears
reasonable in pursuit of public safety and traffic management.

   5. In cases where property abuts upon more than
one roadway, can a unit of government reasonably regulate that
newly created access to that property should be to the "minor"
roadway rather than to the "major" roadway, in order to
minimize the negative impacts of the new access upon traffic
flow and safety?

In State ex rel.  Merritt v. Linzell, 163 Ohio St. 97
(1955), the Ohio Supreme Court considered the property rights
of a land owner who, due to a highway relocation project, lost
access from his property to the relocated state highway, but
continued to have access to a county highway, from which
access to the new state highway was provided.  The Court
unanimously concluded that the loss of the major highway
access did not constitute an unreasonable taking of a property
right requiring compensation, as *mere circuity of travel,
necessarily and newly created, to and from real property does
not of itself result in legal impairment of the right of


                                  -11-

ingress and egress to and from such property, where any
resulting interference is but an inconvenience shared in
common with the general public and is necessary in the public
interest to make travel safer and more efficient." Id. at 102.

Other Ohio cases support the proposition that
requiring circuity of travel does not constitute actionable
interference with an abutting owner's access rights.  See New
Way Family Laundry, Inc. v. Toledo, 171 Ohio St. 242 (1960);
Slicker v. Bd. of Education, Boardman Local School Dist., 90
Ohio L. Abs. 108 (Mahoning Cnty.  Ct.  App. 1961, appeal
dismissed, 173 Ohio St. 119 (1962)); Cf.  Hubbell v. Lebanon,
Mem.  Op.  No. 41519 (Warren Cnty.  C.P. 1980) (action of
planning commission unreasonable where site plan approval
conditioned upon relocation of curb cut).

ORC Sections 711.05 and 711.09 authorize counties and
municipalities to regulate and limit access to the public
roadway system by placing restrictions upon the design and
placement of curb cuts, and further authorize the submission
of plat plans in compliance with such regulations prior to
approval of any subdivision development.

The determination as to whether, in any given
instance, newly created access is "reasonably" required to be
to a minor roadway rather than to a major roadway, for traffic
flow and safety reasons, will, of course, depend upon the
specific facts of each situation.  If the denial of access to
the major roadway can be demonstrated to be mandated by the
curb-cut spacing requirements of the Ordinance, and assuming
that the Ordinance has itself been


                                  -12-

upheld on constitutional grounds (see Questions 1 and 2 above)
then the fact that additional access to any given parcel must
be on the minor roadway should not, of itself, be actionable
or require compensation, in keeping with the Linzell holding.


5175S MMH  12/03/87

                                  -13-


                             APPENDIX C
                            BIBLIOGRAPHY

1.  Access Management for Streets and Highways, Implementation
Package FHWA-IP-82-3, Federal Highway Administration,
Washington, D.C., June 1982.

2.  Homburger, Wolfgang, Transportation and Traffic Engineering
Handbook, 2nd ed., Institute of Transportation Engineers,
Prentice-Hall, Englewood Cliffs, N.J., 1982.

3.  Traffic Management of Land Development, Program of
Instruction Manual, The Traffic Institute, Northwestern
University, Evanston, IL, January, 1987.

4.  Protection of Highway Utility, National Cooperative Highway
Research Program Report 121, Highway Research Board,
Washington, D.C., 1971.

5.  Guidelines for Medial and Marginal Access Control on Major
Roadways, National Cooperative Highway Research Program Report
93, Highway Research Board, Washington, D.C., 1970.

6.  Thomas, Larry W.; "Legal Implications of Control of Access
to Uncontrolled Access Highways," incl.  Supplementary
Material, Selected Studies in Highway Law, Transportation
Research Board, Washington, D.C.

7.  Ziering, Eric A.; "Highway Access Management: Preserving
Public Investment in the Highway Network," Transportation
Research Record 747, Transportation Research Board, Washington,
D.C., 1980.

8.  How to Limit Traffic Congestion in Your Community,
Housatonic Valley Council of Elected Officials, Wilbur Smith
and Associates, U.S. DOT Technology Sharing Reprint Series,
February, 1984.

9.  Legal Implications of Access Management, Draft Report, OKI
Regional Council of Governments, June 1982.

10. Land Use and Arterial Spacing in Suburban Areas, U.S. DOT,
Reprinted August 1982.

11. Brough, Michael B., A Unified Development Ordinance,
Planners Press, American Planning Association, Chicago, IL,
1985.


OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS

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