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CI.AY COUNTY, MINNESOTA ORDINANCE NO. 2OI2-4 AN ORDINANCE OF THE COI.'NTY OF CLAY, MINNESOTA REPEALING AND READOPTING CERTAIN SECTIONS WITHIN TITLE 8 PERTAINING TO DEVELOPMENT CODE CHAPTERS 1,3, 5,7 AIND 8; AI.ID FURTHER ESTABLT ACCESS CONTROL/MANAGEMENT PROVISI ONS VITHIN CHAPTER 3, SECTION 8.3.6. WHEREAS, the County of. Clay, Minnesota ('County'') is a statutory County duly organized and existing under Article XII of the Minnesoa Constinrtion; and WHEREAS, pursuaot to Minoesota Satute Chapte t 394 mdspecifically S3g4.27,the County has the power and authority to conduct and implernent planning activities; WHEREAS, the County has, by ordinance, and pursuant to Minnesota Statute Chapter 394, adopted Tide 8 of the Clay Couoty Code regarding land use, zonhg and development ('Development Code'); WHEREAS, the County has undertaken a process to esablish and draft Development Code provisions related to access control and access management, consistent with authority granted under Minnesota Satutes $160.08; and to further amend aod reped cerain sections of the Development Code to ensure continuity and consistency with aforementioned access control/management provisions; and WHEREAS, the County, in cooperation with the Fargo-Moorhead Metropolitan Council of Govemments ('Metro COG), has conducted a public hearing per Minnesoa Satute 5375.51 on the proposed Development Code amendments on December 27h,2o12,thereby allowing all interested parties an oPPortunity to review, comment and provide feedback regarding the proposed amendments; and WHEREAS, the County hereby finds and determines that the proposed Development Code amendments are appropriate and necessary to the function and efficient operation of the County and to ensure the health, safety, mords, and general welfare of the County. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE COUNTY OF CLAY, MINNESOTA HEREBY ORDAINS AS FOLLO!7S: Section t. Adopt Development Code Amendments set forth within Exhibit A to Title 8 of the CIay Counf Code. The County hereby adopts the proposed amendments, atached hereto and incorporated herein as Exhibit A. Section 2. Severability. If any portion of this Ordinance is found to be void or ineffective, it shall be deemed severed from this Ordinance and the remaining provisions shall remain valid and in full force and effect. Section 3. Effective Date. This ordinaoce shall become effective and be in force immediately upon final pass€e, consistent with Minnesoa Statute $375.51. AD6yTED By THE CLAY COUNTY BSARD OF C9MMISSISNERS ON i 2 WEYI.AND, CHAIRMAN, CI"TY BOARD OFCOMMISSIONERS ---PAGE BREAK--- EXHIBIT A Tide 8, Chapter 1, Section 8.1.6 Repeal and Re-Adopt Section 8.1.6(A) as follows: A. Definition. Development Defined. Except as otherwise provided, "development" means the commencement of any building or mining operation, the making of a change in the use or appea.rance of any structure or land, the parceling of land into one or more lots, the creation or termination of rights or access in any form and under all conditions aod the creation or termination of riparian rights. Development includes all other activities customa.rily associated with it unless otherwise specified. Reference to any specific operation as not involving development is oot intended to mean that the operation or activity when part of other operations or activiti.es is not development. Reference to particular operations is oot intended to limit the generality of subsectioo 1, below. 1. Activities or lJses Considered Development: The following activities or uses shall be considered "development" as de{ined in this Section: a. Change in Use: A change in the use of a structure or land; b. Reconstruction or Alteration ofa Structure: Reconstruction or alteration ofa structure, including, but not limited to alteration of the size of the structure; c. Increase in Intensity of Use: An increase in the intensity of use of land such as an increase in the number of businesses, manufacturing establishments, office or dwelling units in a stfl.rcture or on a parcel of land, or expansion of the area of a structure or a parcel of land that is dedicated to a land use; d. Mining or Excavation: Commencemeflt or expansion of mining or excavation on a parcel of land; e. FilL Deposit of refuse, soils or other materials to fill a parcel of land; f. Alteration of Shore, Bank or Flood Pl,ain: Alteration of a shore, bank or flood plain of a river, stream, lake, pond or artificial bodies of water; g. Reestablish-ent of Use: Reestablishment of a use which has been abandooed for one year; h. Subdivision: Residential, commercialorindustrial subdivisions; i. Deparnrre From Normal Use: Departure ftom the normal use for which development permission has been granted or failure to comply with the conditions of this Ordinance or order granting the development permission under which the development was commenced or is continued; j. Access: Any request for an Access Connection (new, changed, modified, altered, re-constructed, etc.) onto a County highway or public righrof-way which includes any field entrance, &iveway or public/private roadway (see Section 8.3.6 for further details). This includes afly tlpe of access such as permanent, temporary or field access/opening. Title 8, Chapter 3, Sectioa 8.3.6 Repeal aod Re-Adopt Section 8.3.6 as follows: 8.3.5: Trffic Conttol and Access Management. A. Intent and Puqrose. The County recognizes the primary function of a highway is to accommodate ttafflc mobiliry with a secondary and subservieot function to provide access to abutting property. The County, through its police powers as established under Minnesota law, can utilize access control/management techniques to promote public safety while preserving the functional integrity of highways. The intent of this section is to permit reasonable, convenient and suitable access to property(ies)as contemplated within state statutes and applicable case law; under the context of access conffol standards and access firanagemeflt policies established to: preserve highway capacity, (q minimize the frequency and severity of vehicular conflicts, maintain effective and reliable mobility of the taveling public, reduce or eliminate oppornrnities for delays and congestion, and protect the substantial public investment in the existing transPortation system and reduce the need for expensive remedial rneasures. B, Statutory Authorization. Pursuant to Minnesota State Statute 5160.02, 5160.08 and $160'18 the County Board under the auspices of the statutorily defined road authority has the ability to designate, locate, improve and maintain controlled-access highways for public use as deemed appropriate. Further, the road authority has the ability to design, regulate, restrict or prohibit access pursuaflt to tems and conditions as specified by the ---PAGE BREAK--- C. County. As noted in 5160.02, this authorization applies to all highways under the County's purview; inclusive of County Highways, County state-aid highways and township roads (as applicable). Scope, Interpretation and Applicability. The provisions of this section shall apply to any development activity per this Code, which shall include the location and design of public or private roadways and access, in any form (ie. new, changed, modified, altered, re-constructed, etc.), to the counry road system. Access legally established as of the effective date of the implementing ordinance may remain until an activity is contemplated as set forth in this sub-section. In addition, access legally established as of the effective date of the implementing ordinance but not in conformance with standards in this ordinance are considered non- conforming and may continue in existence subject to the regulations as set forth in sub-section (G)(10) of this Section. 1. As set forth in 8.5F.3, any plat or Access Permit request filed within the Urban Expansion District (JED) which lies within any city's adopted growth arcaplan shall conform to the growth area plar aod all applicable policies and ordinances of the city; unless the County ordinance is determined @y the Counry) to be more restrictive. In addition, any other development activity within the UED shall comply with the provisions as established in this Section. 2. For municipalities aod/or townships with adopted land development codes, zoning ordinances or access management policies; this section of the County Development Code shall supersede and apply to any development activity corltemplated per this Code which requires an Access Permit or Access PIan relative to the County road system; unless the municipality or standard or regulation is more restrictive as interpreted by the County, or as othersrise specified in this Code. If the municipality or township standard is applied an Access Permit is still required under the provisions of this Code, with issuance prtot and/or concurrent with any city/township development applicarion. a. Pursuant to Ordinance No. 2000-3 any developmeflt activity contemplated under the Bamesville AreaJoint Powers Agreement ar,dZonlngOrdinance is not subiect to the provisioos of this section. However, similar to 8.3.6(C)(2) an Access Permit is still required il1,,,.0 prior and/or concrurent sdth the ioint powers development application process. Violations. Any Access Connection to a county roadway or highway constructed or established after the effective date of the implementing ordioance @ecember 27'h,2072) without an approved Access Permit or in violation of an approved access permit shall be considered illegal. The county highway engineer may order discontinuance of its use and may order its removal. The property owner respoosible for installing an illegal access shall be responsible for all costs, including any bome by Clry County, associated with: closure of the access; removal of the access; arrdf or restoration of the ditch or boulevard area to its previous condition 1. Any person who fails to comply with an order to close and/or remove an illegal Access Connection shall be guilty of a misdemeanor and, upon conviction thereof, may be punished to the maximum extent allo$/ed by law. For each day the violatioo continues, a sepaf,ate offense shall be declared. See County Code $1.4.2 for additional information on violations and general penalties. Access Permit Required. A permit issued by the County Highway Department is required for any Access Coonection within a courrty righrof-way, as further defined in 8.3.6(C), above. l. Reconstruction. Reconstruction of an existing conforming access shall not require payment of any permit fee; however, ao updated permit shall be issued. 2. Apptication fot an Access Permit. Applications for an Access Perrnit must be made in writing on a form provided by the CIay County Highway Department. A fee, as established by the Clay County Board of Commissioners, shall accompany the Access Permit application. Where a proposed Access Connection has been approved as part of an Access PIan, no permit fee shall apply. D. E. ---PAGE BREAK--- 3. Review of Access Permits. An initial determination shall be made on whether the application is complete within three working days of receipt of the completed application form. A final decision on the Access Permit shalt be rendered witlin thirty (30) calendar days following acceptance of a complete application; aod upon determination of consistency with provisions set forth in this Code. At the discretion of the county highway engineer, conditions of approval may be attached to the Access Permit. Receipt of an Access Permit ftom the Clay Counry Highway Departrnent under this ordinance does not preclude any other permits that may be necessary (ie. watershed disttict, municipality, etc.) prior to access construction or implementation' 4. Access Plan. Submittal of an Access Plan is required with any application for a subdivision conditional use permit (58.4.7) or development permit (58.4.8) as follows: with ftontage on a county road; any request for an Access Connection onto a County highway or public right-of-way; or any request for access to a roadway under the iurisdiction of another govemmental unit within one-eighth (1/8) mile of an intersection with a county roadway. The Access Plan shall be processed concurrently with the application with a final recommeodation submitted by the county highway engineer at the appropriate time for consideration by the goveming Board(s) during the review process. The recommendation shall indicate whether the Access Plan is consisteflt r;/ith all provisions and criteria of the County Code or whether modifications or conditions af,e oecessary to estab]ish compliance. 5. Access Permit and Access Plan Submittal Requirements. An applicatioo for an Access Permit or submital of an Access Plan shall include the follovdng, 2t minimum: a. General site plan showing the surrounding area, inclusive of the following i. Dimensions of the property (and abutting properties if applicable) and the Iocation of public rights-of-way. At the county highway engineer's discretion, this may require detailed survey accurate data or other title/property research that shall be the applicant's responsibility; ii. The type and intensity ofexisting and/or any proposed land uses; and proposed lot boundaries for any subdivision of property; iii. *:r:ffi::"Txisting andlor proposed streets, driveways, parking areas, field iv. The location of, and distance to, public or pdvate access serving adiacett parcels; v. A phasing plan if the property is planned to be developed in phases; vi. A ftaffic impact study, if requested and determined oecessary by the county highway engineer; and vii' "ffi:1Hffi:lJ::: uafnc signal is proposed or b. Proof of the appropriate watershed permit for culvert sizing. 6. Approval Guidelines and Criteria. In reviewing an Access Permit request ar.df or an Access Plan the county highway engineer shall consider the following to determine whether the permit shall be approved: Consistency with provisions and guidelines pursuarlt to Section 8.3.6 of this Code and any other applicable requitements as set forth within the Couoty Code; b. Provides adequate capaciq to accommodate the conveyance of drainage within the public right-of-way; c. Adequate intersection sight distaflce is provided; ---PAGE BREAK--- F. d. Adequate space is provided betweefl access points to accommodate tum lafles under present or future conditions; e. Design deails such as nrming radii, driveway slope, angle of entry, width and other speciflcs are consistent with good engineering design practice. Construction. All work completed on an Access Connection shall be consistent with the approved Access Permit and/or Access Plan. Completed work shall be inspected and approved by the county highway engineer, or a designated representative, in order 1e filalize the Access Connection and permit. Requests for final inspections shall be submitted to the County Highway department in writing. 1. Construction Responsibilities. The applicant shall be responsible for all costs associated with the coostruction of an Access Connection, including any imProvements required to meet any conditions of approval. Improvements may include, but not limited to, the coostruction of the driveway or intersection, tum lanes, raised medians, traffic control devices (ie. signs, pavement markings, signals, etc.) or other access control measures, connections to other roadways, drainage structures, grading/site restoration and the acquisition or dedication of necessary right-of-way (as identified and determioed by the Counry). 2. Duration of Permit. If the Access Connection has not been constructed within two years after approval of the Access Permit or Access Plafl, the permit shall become null and void unless a request for a time extension to complete the Access Connection has been granted by the County. 3, Perfomance Guatantee. An (irrevocable) letter of credit, certified check or bond may be required in an amouot to be determined by the county highway engineer to insure compliance with the requirements and conditions of an Access Permit and/or Access Plan. Standards fot Access Connections. The following sub-section defines the key principles and provisioos that shall be used to gu.ide decisions relative to Access Connection permitting. 1. Access. As contemplated in MN Satute $160.08 and established under Minnesoa case law, v. State,267 Mruirr..436,446,127 N.W.2d 165,173 (1964)l property owners have a right of"reasonably convenient and suitable access" to a public street or highway that abuts their property. Property(ies) are not entided by right to approval of an Access Connection onto a County roadway or highway as consideration shall be given to access via connectioos to local streets or via joint or shared access with a parcel that has conforming access. 2. Minimum Spacing (Roadways, Driveways and Intersections) and Access Co..ection Requirements. The following table defines minimum spacing requiremetts forfu//and linited Access Coonections. Afull Access Connection is considered as ao access that allows all through aod turning movements whereas a limited Access Connection does not allow all movemeflts. Generally, although oot all inclusive , linited access will include righrin/right-out configurations and/or the elimination of some or all left tum movements. In addition, the table outlines minimum spacing requirements for driveways (see Driveway definition per Minimum spacing between an intersection and any Access Connection shall be 500 feet; however, the county engineer may issue a permit, at his/her discretion, which allows spacing less than the 500 feet if requested and supported by the city and deemed appropriate based on existing and anticipated fu ture conditions. Road Sgacirg Betweetr Roadways Spacing Between Driveways Full Access Limited Access Posted Speed Limit < 35 MPH 35 - 45 MPH > 45 MPH Major Arterial + n/a n/a Not Pemitted+ Not Pemitted+ Not Pemitted* Minor Arterial + 1320 660 330 660 660 Collector 660 330 160 330 330 bcal Road 330 120 50 160 160 G. ---PAGE BREAK--- * To note, pursuant to Figure 2-18 (Counry Comprehensive PIan - Clay County Existing Functional Classification) all Major Ateriah and a maiority of. the Minor Arteiab ote state facilities and ate thereby subject to regulations and gu.idelines as set forth and administered by the Minnesota Department of Transporation. a. For sites or property(ies) with inadequate roadway or RO\7 ftontage to meet the mirimum spacing tequirements the county highway engineer shall work with the applicant to determine the most appropriate access point; which may require, consistent with 58.3.6(9(1), access via connections to local streets or developed service roads or via joint/shared access with a parcel that has conforming access' b. The county highway engineer may grant access approval for a permanent use not meeting the spacing requirements, oo an interim basis, if an Access Plan demonstratiog how spacing requiremeflts will ultimately be met and appropriate assurances in the form of a recordable and enforceable easement or access agreement insuring future provision of a cooforming access are submitted. 3. Aligrmeot with Exist'ng Access. On undivided highways, Access Connections on opposing sides of the roadway should be atigned with one another or offset an adequate distance to miflimize or eliminate ovedapping Ieft turns and other issues that may result in roadway operational problems. 4. Auxitiary Lanes. The county highway engineer may require auxiliary lanes (ie. Ieft or right tum bays, bypass lane, acceleration/deceleration lanes, etc.) where deemed necessary due to traffic volumes or other operational issues. 5. Access adiacent to Tura Laaes or Bypass Lanes. Access Connections shall not be approved within any auxiliary lane; inclusive of tum lanes, acceleration lanes, deceleration lanes or taper sections. The county highway engineer shall have the authority to waive this requirement if no other reasonable or suitable access is available. 6. Restricted Tutn Movements arrd T imited Access. In certain circumstances, tuming or through movements may be restricted in which only lnited access is pemitted. Outlined below are sceoarios which qpically v/arrant consideration to linited access: L. W/here numerous low volume access points exist and the spacing between them does not permit adequate left tum apers and storage bays for iobound vehicles without blocking adjacent access points; b. At access points close to an intersection where left tum bays would conflict with inbound or outbound left tum movements for an existing or proposed access; c. Where other conditions, such as sight distance, prevent left tum movements from being made safely; d. Where a particular parcel is provided with more thao one access point and volumes do not iustift left tum access into and/or ftom both access points; e. lVhen a parcel has access provided by both a signalized access point and an un-signalized access point, left tums may be prohibited at the uo-signaliz6d i1161ss.1iot ' f. When the median opeoing for left turn movements would be too close to another median opening; C. When other capacity, delay, operational or safety conditions make specific left turns detrimental to the health, safety and welfare of the public. Tuming movemeot resftictions shall be enforced with barrier median channelization or &iveway channelization, as determined appropriate by the county highway engineer. 7. Indirect Access. Access to a County roadway may be prohibited when a Properly abutting a County roadway has ftontage on one or more streets and reasonable access can be accommodated on these ---PAGE BREAK--- facilities. The County Engineer shall determine, on a site-specific basis, whether access will be permitted to the County roadway. !7hen property abutting a County roadway is to be subdivided or developed, direct access to a County roadway shall not be used in lieu of an adequate intemal taffic circulation system. Indirect access to individuat lots shall be required ftom an intem ^l uaffic circulation system which itself provides access to the County roadway or another facility. The County Engineer shall determine, on a site-specific basis, which lots abutting the County roadway may have direct access (if any) and which lots shall have indirect access. 8. Field Access. Field access or openings that are inconsistent with spacing standards may be permitted by the county highway engineer if the field has oo other reasonable access. Typically, one field opening to a property under the same ownership or controlling ioterest may be granted and additional openings shall only be granted if topographical or agricultural activiti.es necessitate. An Access Permit issued for a field opening shall specifically cite any conditions attached to the permit; inclusive of the condition that the opening shall only be granted and valid for speciflc use, intensity and access pu4)oses. See Field Access/Opening definition within $8.8.2 for additional information. 9. Discontinuance of Exist'ng Access Co..ections. When a Development activity is pursued which requires an Access Permit and results in the relocation of an existing Access Coonectiort; ^rty existing Access Connection(s) not approved for continuance shall be removed and the land graded and landscaped to conform with adiacent land. In addition, if curb/gutter is present, these improvements shall be instatled by the applicant per the standards of the county highway eng'ineer. 10. Culverts. Pursuant to MN Statute 5160.18, and as acknowledged by Clay County Policy Statement adopted by the County Board on November 201e,2012 (as may be amended from time to time) the County may provide the necessary culvert(s) for access onto a highway for an abutting landovrner, upon issuance of an Access Permit consistent with the provisions of this ordinance. 11. Dedications and Plats. Any subdivision plat approved aod filed after the effective date of this implementing ordioaoce shall include dedication language granting access control rights and rights to any access opening(s) to CIay Counry as determined appropriate and applicable by the county highway engineer. 12. Nonconforming Access. The purpose of this section is to recognize the existence of Access Connections which were lawfi..rlly established but do not meet the requirements of this ordinance and to discourage the expansion and/or intensification of such access; and to encourage the elimination of noo-conforming accesses or reduce their negative impact on the Couoty roadway system as opportunities arise. Continuation: Access Connections in place as of the effective date of this ordinance that do not conform with the standards shall be allowed to continue as long as there is no physical change in the access, change in the land use served by the access, intensification ofthe land use served by the access or any activity contemplated as this code as set forth rn $8.t.6(A)0. Normal maintenance and repair of the access shall not be considered to be a physical change in the access. b. Discontinuation. If the use of a nonconforming access is discontinued for more than one year the access shall not be re-established unless approval of an Access Permit is issued pursuant to this code. If a non-conforming access serves a non-conforming use or structure, the use of which has been discontinued for more than one year, or if a non- conforming use is damaged to an exteflt exceeding fifry 60) percent of its market value or replacement cost, whichever is less, any subsequent access serving the property shall conform to the provisions of this ordinance. For additional information on non- conforming uses aod structures, see $8.2.2 of the County Deubpnent Code. Modifications and Deviations from Access Standards. Deviations up to fifteen (15) percent of the minimum spacing standard or 200 feet, whichever is less, may be authorized by the county highway engineer H. ---PAGE BREAK--- I. where a property is unable to meet the minimum Access Connection standards and where the deviation will not create any safety concems. The county highway engineer shall have the authority to require the applicant to complete a impact study or similar document (as appropriate) to atalyze whether the deviation would negatively impact the roadway under existing or future conditions. Appeal Procedurcs. An applicant whose Access Permit, Access PIan or proposed Access Connection is not approved, or is approved with conditions which are not agreeable to the applicaot, shall have ten (10) days to appeal the decisioo in writing. specifically citing the reasons for which an ^ppeal should be approved. l. Process. Appeats on decisions regarding an Access Permit, Access Plan or proposed Access Connection shall be handted by the Board of Adjustment pursuant to $8.4.4 of this Code and MN Statute $394.27. Any apped shall be fiIed by the applicant within ten (10) days of the date of aoy denial. 2. Criteria for Appeal Apptoval. Appeals shall be considered uoder the criteria set forth within $8.4.4 of this Code aod MN Satute 5394.27. County Highway Engineer and Use of the Highway Ttacking Committee. The county highway engineer reserves the right to forward aoy Access Permit or Access Plan to the Highway Tracking Committee for discussion, direction or interpreations relative to this ordinance; although the county highway engineer shall still retain final decision making authority. If a permit is forwarded to the Highway Tracking Committee a'final decision'on the permit as contemplated in $8.3.6(E)(3) shall be extended by thirty (30) calendar days. Title 8, Chapter 4 Repeal and Re-Adopt Section 8.4.4(5) as follows: 5. Appeals of Administcative Decisions. The Board of Adjustment shall have the authority to hear and decide on appeals of final administrative decisions of the PlanningDkector/Zoning Administrator or the County Highway Engineer that are not reviewed by the Planning Commission, County Board or Board of Adiustment. Such final adminisftative decisions may be appealed to the Board of Adiustment by the applicant v/ithin teo (10) days of the date of any denial by filing with the Board of Adiustment a notice of appeal specifring the groulds of the aPPeaI. Title 8, Chapter 5 Repeal as follows: 8.5C.6(B)4 8.5D.4(A)4 & 8.sD.4(B)4 8.sG.3(E) 8.5H.3(E) Title 8, Chaptet 6, Section 8.6.10 Repeal and Re-Adopt Section 8.6.10 as follows: 8.6.10: Standards fot All Co--etcial and Industrial Uses. A- Access Management / Access Plan: Proposed commercial and industrial uses where any portion of the boundaryof theproposedparcelis adiacenttoHighways 70,336,9,32,34orIntersate94shallsubmitan access management plan with any conditional use, rezoniog, platting or subdivision request. The access firaflagement plan shall conform to the access management submittal requirements, provisions and criteria as set forth in $8.3.6 of the County Development Code. Title 8, Chapter 7, Section 8.7.14(E)(2Xb) Repeal and Re-Adopt Section 8.6.10 as follows: Access Staadards. Access design and permitting shall comply with sub-section 8.3.6 of this Code and as applicable, any requirements or gridelines as set forth by the Minnesota Department of Transportation. J. ---PAGE BREAK--- Title 8, Chapter 8, Section 8.8.2 Repeal and Re-Adopt Section 8.8.2 to include the following definitions: ACCESS: A meaos of providing vehicular entrance or exit to a property or parcel from an abutting property, public road or right-of-way. Access tlpes ioclude pemanent, temporary or field openings. ACCESS CONNECTION: Any field opening, Driveway, public or private street/roadway that provides reasooable access for the movement of vehicles between the couoty road system and an abutting property. ACCESS PERMIT: A permit issued by the county highway engineer or his/her designee(s) authorizing ao Access Connection within a county right-of-way or onto the county roadway system; in accordance with provisions set forth within the County Code. ACCESS, PRfVATE: An Access Connection that is privately owned and maintained and which provides the pri"ctpaf means of access to an abutting property. ACCESS, PUBLIC: An Access Connection under the iurisdiction of a public authority that provides the pri"clpal means of access to afl abutting property. ACCESS PLAIII: A plan reviewed by the County Planning Commission and approved by the Board of Commissioners upon recommendation of the county highway engineer establishing a coordinated plan for Access Connections to the county roadway system as part of ao applicatiofl for subdivision, conditional use permit or a development permit. DRfVEWAY: A roadway or opening constructed for vehicular travel and which is privately owned and maintained; and provides the principal means of access to three or fewer abutting parcels or residences. FIELD ACCESS/OPENING: An Access Connection to an agricultural field used for the movement of farm vehicles aod equipment. Access to a farmstead, feedlot, farm-related structures or uses contemplated under the AGRICULTURAL USE definition, exclusive of any uses that fall within this definition, are not considered a field access or opening. NON-CONFORMITY: Any legal use, structure, access or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the ofEcial controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. NON-CONFORMING ACCESS: An Access Connection to a property or parcel that existed prior to the effective date of this ordinance that does not conform with the requirements of this ordinance. RIGHT-OF-WAY: Land in which the county has an interest, [including, but not limited to, by fee title, easemeot or plat dedication], which is primarily intended, directly or indirectly, to be used for a highway, street, road, alley or &ainage facility.