Appendix H. ACCESS REGULATIONS
APPENDIX A
Clarksville-Montgomery County
Roadway Classification Plan
&
Design Criteria SchematicsClarksville-Montgomery County Roadway Classification Plan
(Alphabetic)Designation of public roads
(a)
Arterial roads. For the purposes of this document, the following roads within Clarksville-Montgomery County area shall be designated as arterial roads:
1.
101 st Airborne Division Parkway (SR 374) from Ft. Campbell Blvd (SR 12) to Wilma Rudolph Blvd (SR 13)
2.
2 nd Street from College Street (SR 48) to Madison Street
3.
3 rd Street from College Street (SR 48) to Madison Street
4.
41-A Bypass (SR 76) from Madison Street (SR 112) to Cumberland Drive
5.
University Ave (SR 112) from College Street (SR 48) to Madison Street (SR 112)
6.
College Street (SR 48) from Riverside Drive (SR 12) to Kraft Street (SR 13)
7.
Crossland Ave from Riverside Drive (SR 12) to Madison Street (SR 112)
8.
9.
Dover Road (SR 76) from Ft. Campbell Blvd (SR 12) to County Line
10.
Governors Square Mall By-pass from Warfield Blvd (SR 374) to Wilma Rudolph Blvd (SR 13)
11.
Ft. Campbell Blvd (SR 12) from Dover Road (SR 76) to Kentucky State Line
12.
Kraft Street (SR 13) from Riverside Drive (SR 12) to College Street (SR 48)
13.
Local Interstate Connector (SR 76) from Hornbuckle Road to Madison Street (SR 112)
14.
Madison Street (SR 112) from 2 nd Street to County Line
15.
Needmore Road from Wilma Rudolph Blvd (SR 13) to Tiny Town Road (SR236)
16.
New Providence Blvd (SR 12) from Riverside Drive (SR 12) to Dover Road (SR 76)
17.
North 2 nd Street (SR 112) from Riverside Drive (SR 12) to College Street (SR 48)
18.
Paul B. Huff Memorial Parkway (SR 374) from Dover Road (SR 76) to Lafayette Road
19.
Peachers Mill Road from New Providence Blvd (SR 12) to Tiny Town Road (SR 236)
20.
21.
Purple Heart Parkway (SR 374) from Lafayette Road to Ft. Campbell Blvd (SR 12)
22.
Riverside Drive (SR 12) from Cumberland Drive to 2 nd Street (SR 112)
23.
Rossview Road (SR 237) from Warfield Blvd (SR 374) to I-24
24.
SR 48/13 from Riverside Drive (SR 12) to Mayhew Road
25.
Tiny Town Road (SR 236) from Ft. Campbell Blvd (SR 12) to Trenton Road (SR 48)
26.
Trenton Road (SR 48) from Wilma Rudolph Blvd (SR 13) to Kentucky State Line
27.
Warfield Blvd (SR 374) from Wilma Rudolph Blvd (SR 13) to Madison Street (SR 112)
28.
Wilma Rudolph Blvd (SR 13) from Kraft Street (SR 13) to I-24
(b)
Collector roads. For the purposes of this section, the following roads within the Clarksville-Montgomery County area shall be designated as collector roads:
1.
8 th Street from Franklin Street to Kraft Street (SR 13)
2.
9 th Street from Franklin Street to College Street (SR 48)
3.
10 th Street from Madison Street (SR 112) to Franklin Street
4.
Alfred Thun Road
5.
Commerce Street from Riverside Drive (SR 112) to 10 th Street
6.
Cumberland Drive from Riverside (SR 12) to Madison St (SR112)
7.
Cunningham Lane from Ft. Campbell Blvd (SR 12) to Lafayette Road
8.
Dotsonville Road from Dover Road (SR 76) to York Road
9.
Dunbar Cave Road from Old Trenton Road to Rossview Road (SR 237)
10.
Dunlop Lane from Wilma Rudolph Blvd (SR 13) to Governors Square Mall By-pass
11.
East Old Ashland City Road
12.
Edmondson Ferry Road from Greenwood Ave to End
13.
Excell Road from Madison Street (SR 112) to Ashland City Hwy (SR 12)
14.
Franklin Street from Public Square to Reynolds Street
15.
Glendale Drive from Paradise Hill Road to 41-A Bypass (SR 12)
16.
Golf Club Lane from Madison Street (SR 112) to Crossland Ave
17.
Gratton Road
18.
Greenwood Ave from Madison Street (SR 112) to 41-A Bypass (SR 12)
19.
Hawkins Rd from SR 48/13 to Edmondson Ferry Road
20.
Hazelwood Road from Trenton Road (SR 48) to Needmore Road
21.
Hickory Grove Blvd from Riverside Drive (SR 12) to Cumberland Drive
22.
Highland Circle from Paradise Hill Road to Crossland Avenue
23.
Hornbuckle Road
24.
Jack Miller Blvd from Ft. Campbell Blvd (SR 12) to Tobacco Road
25.
Lafayette Road from Ft. Campbell Blvd (SR 12) to End
26.
Liberty Church Road from Dover Road (SR 76) to Lafayette Road
27.
Main Street from Riverside Drive (SR 12) to Franklin Street
28.
Marion St from 8th Street to N 2nd Street (SR112)
29.
Memorial Drive from Madison St (SR112) to Local Interstate Connector (SR 76)
30.
Needmore Road from Wilma Rudolph Blvd (SR 13) to Tiny Town Road (SR 236)
31.
Old Ashland City Road from Golf Club Lane to 41-A Bypass (SR 12)
32.
Old Farmers Road from Local Interstate Connector (SR 76) to Madison Street (SR 112)
33.
Old Russellville Pike from Wilma Rudolph Blvd (SR13) to End
34.
Old Trenton Road from Wilma Rudolph Blvd (SR 13) to Wilma Rudolph Blvd (SR13)
35.
Outlaw Field Road from Tiny Town Road (SR 236) to Jack Miller Blvd
36.
Pageant Lane from Madison Street (SR 112) to Crossland Avenue
37.
Paradise Hill Road from Glendale Drive to Richardson Street
38.
Pembroke Road from Tiny Town (SR236) to Kentucky State Line
39.
Peterson Lane
40.
Pollard Road from Peachers Mill Road to End
41.
Porters Bluff Road from Madison Street (SR 112) to Commerce Street
42.
Reynolds Street from Franklin Street to Commerce Street
43.
Ringgold Road from Ft. Campbell Blvd (SR12) to 101 st Airborne Pkwy (SR374)
44.
Sango Road
45.
Tobacco Road from Tiny Town Road (SR 236) to Lady Marion
46.
Trough Springs Road from Local Interstate Connector (SR 76) to Sango Road
47.
Tylertown Rd from Trenton Road (SR 48) to Kentucky State Line
48.
West Dunbar Cave Road
49.
Whitfield Road from Old Trenton Road to Needmore Road
50.
Zinc Plant Road from SR 48/13 to Potters Lane
(c)
Local roads. All other roads formally accepted for perpetual maintenance by the city and not designated as an arterial or collector street shall be considered local roads.
APPENDIX B
ACCESS MANAGEMENT ORDINANCE
BOARD OF APPEALSAccess Management Ordinance Board of Appeals
Operating Rules and RegulationsThe Access Management Ordinance Board of Appeals was created by the Access Management Ordinance (Ordinance X-2001-01). For the purpose of appeals to any provision set forth in said ordinance, the applicant shall request a variance be granted by the Board of Appeals
Configuration of the Board
The Access Management Board of Appeals consists of five members and one alternate member. The Board is comprised of the following appointees:
a.
Two technical members who are civil engineer(s) and/or traffic engineer(s) registered in the state of Tennessee,
b.
Chairman of the Clarksville-Montgomery County Regional Planning Commission, Chairman of the Street Committee, and,
c.
One lay member and one lay alternate from the community at large.
The Chairman of the Street Committee and the Chairman of the Clarksville-Montgomery County Regional Planning Commission are automatic members of the Board. The remainder of the Board, both members and alternates, are appointed by the Mayor and reported to the City Council.
Appointment
Appointees to the Board serve for a term of two (2) years. To be eligible to serve, appointees must have been residents of Montgomery County for not less than one year. Appointees must notify the Mayor within 10 working days of a change in their residency status. The Mayor may allow the non-resident appointee to complete his/her term or shall nominate a replacement within sixty (60) days.
The terms of office of the initial appointees are staggered as follows:
a)
One technical member, one lay member, and one alternate for a term of two (2) years, and
b)
One technical member for a term of one (1) year.
Organization
Within sixty (60) days after its appointment, the Board will organize itself by election of one of its members as chairman and another as vice chairman. The Director of Streets will appoint a secretary to the Board who will be the custodian of the minutes and records of the proceedings of the Board. The City Attorney will serve as legal adviser to the Board.
Duties of the Secretary
The Secretary to the Board shall:
1.
Accept all appeals and variance requests on behalf of the Board.
2.
Assign each appeal or variance request a number.
3.
Number each appeal of variance request consecutively in order of receipt (beginning on January 1 of each year), preceded by a hyphen and the year of filing.
4.
Ensure that appeals of variance requests are heard in the order that they appear on the calendar, unless they are advanced for hearing for good cause shown.
5.
Prepare an agenda and distribute it to each member of the Board at least one week before each meeting.
6.
Send a copy of the agenda to the City Clerk, the Director of the Planning Commission and the Director of the Building and Codes Department.
7.
Include on the agenda an identification of each appeal or variance request to be heard and the information required above.
Compensation
All appointees to the Board will serve without compensation and may be removed from membership on the Board by the mayor for continued absence from meetings of the Board, physical disability or other just cause.
Replacement of Members
Replacement of any appointed member of the Board resigning or dismissed from the Board will be appointed by the Mayor. Any member appointed as a replacement will serve only for the remainder of the term of the member replaced, unless subsequently reappointed for an additional term.
Procedures
The Board may adopt such rules of procedure, as it may deem necessary, to conduct its business in conformance with the Access Management Ordinance.
Rules of Procedure
"Roberts Rules of Order" shall govern the order of business and conduct of meetings unless otherwise provided for herein.
Hearing Procedure
Prior to the testimony in each case, the secretary shall read a brief introductory statement.
The order of the proof shall be as follows at the conclusion of the introductory remarks:
1.
The Director of Streets or his designee shall furnish reasons for the rejection of the access permit by way of written statement setting forth the reasons for the rejection and/or an oral presentation if so desired.
2.
The appellant shall go forward with his case at the conclusion of the presentation by the Director of Streets or his designee, offering by way of written documentation or oral testimony any evidence that he may have in support of his appeal.
The Board members may at any time ask questions of the Director of Streets or his designee or the appellant. Any document submitted before the Board shall be received into record and identified as an exhibit thereto, and be numbered by the secretary. The secretary shall record the proceedings and the minutes of the meeting of the Board and shall be the custodian of the minutes and the records of the proceedings before the Board.
Every person before the rostrum shall abide by the order and direction of the Chairman. Discourtesy, disorderly, or contemptuous conduct shall be breach of the Board and shall be dealt with, as the Chairman deems proper.
The Board may defer action on any matter presented to it at a called meeting, until the next called meeting; provided however, that the Board shall approve or disapprove an appeal within two (2) calendar months after the submission thereof, unless a longer period is established by affirmative action of the board. Should the Board fail to approve or disapprove the application by the expiration of the aforementioned deadline, the appeal will be deemed to be approved.
Meetings
The Board, in open meeting, will hear all appeals, under the provisions of the Access Management Ordinance. Notification of the hearing will be sent to the appellant and shall appear in the newspaper of general circulation in Clarksville at least ten (10) working days before the date set for the hearing.
In the event that there are no appeals or variance requests pending and no other business for the Board to consider the Board shall not convene on a regular schedule.
Quorum, Voting and Conflict of Interest
Three (3) members of the Board will constitute a quorum. A majority vote of members present will be required for actions by the Board. No member of the Board will act in any case in which they have a personal interest. An alternate member will replace any member who has a conflict of interest or is unable to attend.
The vote of an alternate member shall be counted in the tabulation of the result only if she or he is substituting for a regular member, otherwise the vote shall be recorded but not counted in the decision of the Committee.
Application for a Variance
Any property owner, or authorized agent thereof, may make application for a variance from the decisions of the Director of Streets or his designee.
An application for a variance shall be made using forms supplied by the Street Department and must be filed with the Street Department within (30) days of the written decision of the Director of Streets or his designee.
A fee of $50.00 shall accompany such notice of appeal.
Deferral or Withdrawal of an Application for a Variance
Any property owner, or authorized agent thereof, may petition to defer or withdraw an application for a variance. The petition to defer or withdrawal must be made in writing to the Director of Streets at least 72 hours prior to the scheduled meeting of the Access Management Board of Appeals.
Decisions
A decision of the Access Management Board of Appeals to grant a variance will be by resolution of the Board, which will specify in what manner such variations or modifications will be made, the conditions upon which they are to be made and the reasons therefore. The Board will, in every case, render a decision without unreasonable or unnecessary delay. Every decision of the Board will be final, subject however, to such remedy as any aggrieved party or the City of Clarksville may have at law or in equity.
Standards for Granting Variances
In granting a variance, the Board will ascertain that all the following conditions are met:
a.
That good and sufficient cause has been provided;
b.
That granting the variance will not increase a threat to public health, safety, or general welfare;
c.
That granting the variance will not be contrary to the public interest;
d.
That granting the variance will not result in public expense;
e.
That granting the variance will not knowingly conflict with other existing laws or ordinances;
f.
That failure to grant the variance would result in unnecessary hardship; and
g.
That by granting the variance, the spirit of the Access Management Ordinance will be observed.
In granting a variance, the Board will determine, and only grant, the minimum variance necessary to afford relief.
Records
All decisions of the Board will be in writing and will indicate the vote of each member of the Board upon the decision. Every decision will be promptly entered into the minutes of the meeting of the Board and filed with the Street Department. The records of the Board will be open to public inspection and a certified copy of each decision will be sent by mail or otherwise to the appellant.