734-051-3050 Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach (1) Purpose. The purpose of this rule is to establish criteria for the region access management engineer to approve; approve with mitigation; or deny requests for deviations from the standards set forth in OAR 734-051-4020. (2) Requests for a Deviation. The applicant may request one or more deviations for an approach that does not meet spacing, sight distance, or channelization standards set forth in OAR 734-051-4020(2). Applications that request deviations: (a) Must identify all deviations needed and any dependency or relationship that they have with one another; and (b) Must include a traffic impact analysis prepared by a professional engineer as set forth in OAR 734-051-3030(4) and 734-051-3030(5), unless waived by the department. (3) Mitigation. The department may require mitigation measures as set forth in OAR 734-051-3070 as a condition of approval of a deviation under this rule. (4) Request for a Deviation Not Required. A request for a deviation from approach spacing, sight distance and channelization standards is not required if: (a) The application is for property with no means of vehicular access other than the proposed approach, and the department and the applicant agree on a location for the approach and mitigation, if any, of the approach that optimizes safety, highway operations, and site design; or (b) The permit action is triggered by a change of use and the department and the applicant agree that the proposed approach moves in the direction of conformance with the standards as set forth in OAR 734-051-3020. (5) Approval of Requests for Deviations from Approach Spacing Standards. The region access management engineer may approve a request for a deviation from access spacing standards set forth in OAR 734-051-4020(8) and 734-051-4020(9) upon determining that the approach adequately addresses the safety and highway operations concerns set forth in section 734-051-4020(3) and one or more of the conditions in (a) through (h) apply: (a) The applicant agrees to provide a joint approach that serves two or more properties and results in a net reduction of connections to the highway; (b) The applicant agrees to remove or combine connection(s) to the highway resulting in a net reduction of connections; (c) Adherence to approach spacing standards will cause the approach to conflict with a significant natural or historic feature including but not limited to trees and unique vegetation, a bridge, waterway, park, archaeological area, or cemetery; (d) The highway segment functions as a local interest road as defined in the Oregon Highway Plan; (e) On a couplet with directional traffic separated by a city block or more, the request is for an approach at mid-block with no other existing approaches in the block or the proposal consolidates existing vehicle accesses at mid-block; (f) Based on the region access management engineer’s determination that one or more of the safety and operations factors in OAR 734-051-4020(3) is significantly improved as a result of the approach; (g) The region access management engineer and the applicant agree on an approach location and mitigation measures that optimize safety, highway operations and site design; and/or (h) The applicant demonstrates that existing development patterns or land holdings make joint use approaches impractical. (6) Approval of Requests for Deviations from Approach Spacing Standards in Interchange Areas. (a) The region access management engineer shall use traffic volumes based on a 20-year planning horizon in evaluating applications for deviations from the approach spacing standards for approaches proposed within an interchange management area. The 20-year year planning horizon will be measured from the date of application. (b) The region access management engineer may approve a request for a deviation from spacing standards in an interchange area upon determining that the approach adequately addresses the safety and highway operations factors set forth in section OAR 734-051-4020(3) and one or more of the conditions in (A) through (D) apply: (A) A condition of approval, included in the Permit to Operate, is removal of the approach when alternate access becomes available; (B) The approach is consistent with a facility plan in the area of an interchange that has been adopted by the commission as set forth in OAR 734-051-7010; (C) The applicant provides a joint approach that serves two or more properties and results in a net reduction of approaches to the highway; or (D) Connections are combined or eliminated resulting in a net reduction of connections to the state highway. (7) Approval of Requests for Deviations from Channelization Standards. The department may approve a deviation from channelization standards, pursuant to subsections (a) through (c) below: (a) The region access management engineer may approve a deviation to the channelization standards set forth in OAR 734-051-4020(2) upon determining that the deviation adequately addresses highway safety and operations concerns set forth in section OAR 734-051-4020(3) and the conditions in (A) or (B) apply: (A) The region access management engineer determines that channelization is not necessary to approve the application; (B) The applicant agrees to restrict turning movements that cause the need for channelization in a manner satisfactory to the region access management engineer. (b) If existing development patterns, land holdings, highway configuration or other factors make it impractical to meet channelization standards, the region access management engineer may require turning movements to be restricted at the approach. (c) The department may require submittal of channelization design drawings prepared and sealed by a professional engineer for approval of a deviation for channelization. (8) Approval of Requests for Deviations from Sight Distance Standards. The department may approve a deviation from sight distance standards, pursuant to subsections (a) or (b) below: (a) The region access management engineer may approve a request for a deviation from sight distance standards set forth in OAR 734-051-4020(2) based on consideration of relevant factors, including but not limited to: (A) Highway design speed, posted speed, and eighty-fifth (85th) percentile speed; (B) Probable line of sight for the proposed approach; (C) Anticipated traffic volumes at the proposed approach; (D) Guidelines for intersection sight distance and stopping sight distance in the 2011 AASHTO Policy on Geometric Design of Highways and Streets; and (E) Potential mitigation that would improve sight distance. (b) Where a speed study prepared by the applicant and accepted by the department determines that the eighty-fifth (85th) percentile speed is lower than the current posted speed, the department may approve a deviation from the sight distance standard based upon the lower speed determination. (9) Denial of Requests for Deviations. The region access management engineer shall not approve a request for a deviation from approach spacing, channelization or sight distance standards when any of the conditions in (a) through (d) apply: (a) The requirements for approval under sections (5) through (8) of this rule, as applicable, cannot be met; or (b) The standards can be met even though adherence to the standards results in higher site development costs; or (c) The deviation creates a significant safety or traffic operations problem that cannot be mitigated by the applicant; or (d) The request for a deviation results from a self-created hardship including but not limited to: (A) Conditions created by the proposed site plan, building footprint or location, on-site parking, or circulation; or (B) Conditions created by lease agreements or other voluntary legal obligations. (10) Region Manager Approval of Deviations. The region manager, not a designee, may approve a request for a deviation from approach spacing, channelization or sight distance standards when the region access management engineer is prohibited from doing so under section (9) and: (a) A determination is made by a professional engineer as defined in OAR 734-051-1070 and assigned by the region manager to analyze the request for a deviation determines that the approach adequately addresses the safety and highway operations concerns, or those concerns can be adequately mitigated; and (b) The region manager, after consulting with the highway division administrator, identifies and documents conditions or circumstances unique to the site or the area that support the development. Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300–374.360, §27, ch. 330 & OL 2011 History: HWD 7-2014, f. & cert. ef. 7-9-14 HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14 HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12