§ 24-2. Frontage roads.
(a)
Authority for enactment and application. This section is enacted under the Home Rule power of the county for the purpose of providing transportation improvements in the interest of the public health, safety and welfare of the citizens of Hernando County. This section shall apply and be in force in all areas of Hernando County not within the boundaries of any municipality.
(b)
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
Arterial highway. Those streets which are used primarily for fast or heavy traffic which convey traffic from local streets to expressways and other collector streets. Arterials are classified as either major or minor depending on the intermittency of traffic. For purposes of this section, the following Hernando County Roads are classified as arterial highways subject to the terms and provisions of this section: US 301, US 98, US 41, US 19, CR 485 and SR 50.
Developer. The person or entity responsible for increasing the traffic demand upon the arterial system by either building a new building, expanding the capacity of an existing building, changing of the approved use, or subdividing real property to create additional building lots. Development shall be considered to have occurred when any of the above activities have been accomplished with a projected subsequent average daily traffic increase of more than ten (10) average daily traffic counts (ADT) derived from the Institute of Transportation Engineers (ITE) Trip Generation Manual, Third Edition (as amended).
Frontage road link. A length of frontage road approximating an optimum design distance of one thousand three hundred twenty (1,320) linear feet. In cases where existing streets intersect the frontage road area, the link may be significantly less than one thousand three hundred twenty (1,320) linear feet.
Frontage road segment. A length of frontage road running concurrent to the right-of-way of the arterial highway from property line to property line of any given property owner along the arterial highway. A frontage road segment may or may not constitute a link or links.
(c)
General requirements. Developers of properties adjacent to the major arterial highway grid must provide at the developer's expense a frontage road from property line to property line parallel to the arterial highway upon demonstration of need and demand by the county.
The frontage road is to be designed to county designated specifications. The developer shall furnish to the county sufficient funds for the engineering and construction of the frontage road across the property when the county indicates that sufficient length is available to construct a link in the frontage road system.
All driveway cuts issued to developers of properties adjacent to arterial highways shall be considered temporary and subject to removal when the frontage road link is constructed across the property.
(d)
Permitting. Property owners of property adjacent to arterial highways as defined by this section shall be required to obtain a county permit for driveway cut(s) to the property prior to and in addition to any state or federal permits. Application shall be made to the county agency established by the board of county commissioners for the enforcement of the terms and provisions of this section. This county permit shall be taken to the state and/or federal agency as a recommendation from the county.
(e)
Maintenance. All frontage roads created under the provisions of this section shall be maintained in a passable condition to current county maintenance standards by the property owner upon whose property the road is constructed. The property owner may contract with the county to provide for the maintenance of the roadway or dedicate the roadway and right-of-way to the county for inclusion into the county roadway maintenance system. If the dedication is accepted by the board of county commissioners, the property owner will no longer have the obligation to maintain the roadway.
(f)
Enforcement. The board of county commissioners shall establish the enforcing agency which shall be charged with the duty of administering the provisions of this section and securing compliance therewith. In furtherance of this responsibility, the enforcing agency shall:
(1)
Issue permits required by this section.
(2)
Make such inspections as may be necessary to carry out the purpose and intent of this section and to initiate appropriate action to bring about compliance with this section if such inspections disclose any instance of noncompliance.
(3)
Request the assistance of the county attorney in taking appropriate legal action upon the failure of the responsible party to comply with such violation order at the time specified therein.
(g)
Penalties. Any person, firm or corporation found guilty of violating any of the provisions of this section shall be punished as described in Chapter 2, Article III as amended from time to time. Each day that an offense or violation of this section continues shall be deemed a separate offense.
(h)
Appeals. Any person, firm or corporation aggrieved by a determination that such entity is subject to the application of this section by virtue of being a developer, as herein defined, may appeal such determination to the board of county commissioners. An appeal shall be filed in writing with the board of county commissioners within thirty (30) days from the date such determination is made by the enforcing agency established pursuant to subsection (f) hereof.
(Ord. No. 86-8, §§ 1—8, 5-6-86; Ord. No. 2004-09, § 14, 7-13-04)
Editor's note
Ordinance No. 86-8, adopted May 6, 1986, amended the Code, but did not specify the manner of inclusion. At the editor's discretion, therefore, §§ 1—8 of Ord. No. 86-8 have been codified as § 24-2.