2002-01-28 Regular Meeting - Laserfiche WebLink

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(c) Sidewalks. The department will also provide for sidewalk construction, accomplished in accordance with the requirements of the Americans with Disabilities Act and other applicable state and federal laws, on designated state highway system routes: (1) when replacing an existing sidewalk; (2) where highway construction severs an existing side- walk system (the state will make connections within highway right of way to restore sidewalk system continuity); or (3) where pedestrian traffic is causing or is expected to cause a safety conflict. (d) Control of Access [en Freeway Mainlanes]. Designation. All facilities to be developed as freeways or relief routes shall be designated by the commission as controlled access highways pursuant to Transportation Code, Chapter 203. The department may also designate discrete areas of control of access on non -controlled access state highway facilities as necessary to facilitate the flow of traffic and promote the public safety and welfare. Access to controlleftecess highways. (A) Existing access. It is the intent of the department when developing expanded controlled access facilities that if a prop- erty owner has access to the system prior to the expansion, that property owner would have access to a frontage road on the system after devel- opment. Exceptions under this provision would be for unusual safety or circuity situations. New access. Public or private access will not be allowed to controlled access highways or frontage roads except where a frontage road is provided under paragraph (3)(A)(i)(III) or (3)(B)(i)(III) of this subsection or the commission approves a site specific exception. 11 Request for exception. Approval for a site spe- cific exception to allow access rights to a facility must be approved by the commission prior to accepting any funds or consideration for engi- neering, development, or construction of frontage roads for which there is an anticipation of allowing access rights. Any cost of traffic studies of access appraisals required under this section shall be at the sole ex- pense and risk of those making the request. H Approval. The commission may approve an ex- ception after considering: 11l impacts on the safety and operation of the state highway corridor as iustified by an engineering study approved by the department; II significant prior commitments or develop- ment work based on the previous frontage road policy, and !II whether access is judged to be in the best interest of the state. LQ Disposal of access rights. When the commission approves a release of access control to property adjoining the facility, the sale or disposal of access rights shall be accomplished in accordance with §§21.101-21.104 of this title (relating to Disposal of Real Estate Interests). Frontage mad provision. (A) New location freeways and relief mutes. For new location freeways and relief routes, it is the intent of the department not to construct frontage roads. j Ut The department may approve frontage mad con- struction when the executive director or designee determines that: ✓111 short sections of frontage mad are needed to improve the safety and operations of the main travel lanes; 11 the geometric design of an interchange re- quires the provision of a short section of frontage road for operational purposes; J there is no other feasible means to resolve a landlock condition on the remainder of a parcel of land that has a value that exceeds the cost pf the frontage road; li there is no other feasible means to restore circulation of local traffic due to state or local roads or streets being severed; or frontage roads would be beneficial to the safety and operat of the state highway corridor or the local road s- tem as iustified by an engineering study approved by the department �i The commission may approve frontage road construction when they determine that such construction is in the best interest of the state. (B) Existing facilities designated as controlled access. For existing freeways and other facilities designated as controlled ac- cess, it is the intent of the department not to construct new or additional frontage roads. Ai The department may approve frontage mad con- struction when the executive director or designee determines that: \I short sections of frontage mad are needed to improve the safety and operations of the main travel lanes; II the geometric design of an interchange re- quires the provision of a short section of frontage mad for operational purposes; II the anticipated cost to purchase the right of access control would exceed the cost of the frontage road; An there is no other feasible means to restore circulation of local traffic due to state or local roads or streets being severed; or frontage roads would be beneficial to the safety and operation of the state highway corridor or the local mad sys- tem as justified by an engineering study approved by the department. Jri The commission may approve frontage road construction when they determine that such construction is in the best interest of the state. (44) Backage roads. U For purposes of this paragraph, "backage road" Means a local street or road that is generally parallel to an arterial highway but that does not abut the highway right of way. Direct access for businesses or properties located between the highway and the backaae mad is provided to the backage road rather than the highway, Backage roads also provide access to properties located on the opposite side of the backage mad from the highway. (B) In those instances where backaee roads are neces- ranarocrc common on a remammg parcel of land, backage roads may be included in the freeway construction proiect on a standard participa- tion basis as established in Appendix A of § 15.55(c) of this subchapter. Commission approval shall be obtained prior to the department enter- ing into any agreements to provide backage roads in coniunction with 26 TexReg 10818 December 28, 2001 Texas Register as 6e