004.01 Whenever the application of standards
of design, construction, or maintenance, as promulgated by the Board of Public
Roads Classifications and Standards, works a special hardship on any segment of
highway, road, or street, a county or municipality may request that the Board
relax the standards for such segment
004.01A
All requests for relaxation of standards must be in writing and must be filed
with the Secretary for the Board. All requests for relaxation of standards for
federally funded projects are required to be reviewed by NDOR prior to filing
with the Secretary for the Board.
All county requests for relaxation of standards must be made by the
County Highway Superintendent for that county, or in counties lacking such
officer, by the person responsible for the county highway program. All
municipal requests for relaxation of standards must be made by the City Street
Superintendent for that municipality, or in municipalities lacking such
officer, by the person responsible for the municipal street program. In the
case of multiple entities, each entity must sign and file a resolution of
adoption, and there must be a written request from each entity's superintendent
(or in entities lacking such officer, the person responsible for the highway,
road or street program). Additionally, whenever the application of standards of
design, construction, or maintenance would defeat the purpose of the
Scenic-Recreation functional classification, a county, municipality or other
interested party may request that the Board relax the standards for such
segment.
There must be compelling and demonstrated reasons why standard values
should not be used. All requests shall specify in detail what peculiar, special
or unique situations would make the application of the standards not feasible.
Analysis should include consideration of adjacent roadway sections therefore
the relaxation of standards request may need to include sub-standard conditions
beyond construction limits.
Documentation for county road and municipal street relaxation of
standards shall describe and explain the conditions that preclude conformance
to the applicable design standard, including but not limited to the
following:
004.01A1 One (1) copy of
the Resolution of Adoption signed by the proper officials.
004.01A2 One (1) copy of a completed NBCS
Form 7 One- and Six-Year Plan Highway or Street Improvement Project, from the
current One- and Six-Year Plan, or NBCS Form 10 Notification of Revision of
One-Year Plan, if the work is being added to the One-Year Plan.
004.01A3 Project identifiers on
documentation, including federal-aid project numbers and control numbers for
federally funded projects, and structure numbers.
004.01A4 For federal-aid projects,
documentation of approval by NDOR.
004.01A5 One (1) copy of proposed
construction plan sheets which are pertinent to the request.
004.01A6 A map, aerial photograph or
topographic map showing the location and area of the work.
004.01A7 Identification of the applicable
standards (Rural Area, Urban Area, etc.), State and National functional
classifications, and type of work (New, Reconstructed and/or 3R).
004.01A8 Applicable State and National
functional classification maps.
004.01A9 Design data (current and design
traffic volumes, design speed, posted speed, percent of heavy trucks, hydraulic
study if applicable, geometrics, and other such pertinent information).
004.01A10 The required standard
value and the proposed value of the design feature shall be clearly
stated.
004.01A11 Effect on the
safety and operation of the facility, and its compatibility with adjacent
sections of the road or street. The overall safety of the road or street should
not be degraded.
004.01A12
Sufficient crash history analysis should include the crash rate and/or history
of the project to comparable routes, identifying crash types and crash trends
within the project limits, and locations for potential safety
improvements.
004.01A13 A detailed
cost analysis of attaining full standards versus the requested alternative or
alternatives must be quantified.
004.01A14 Features (improved roadway
geometry, signing, delineation, roadside safety, etc.) added to mitigate the
effects of not meeting minimum design standards.
004.01A15 Future improvements or work that
will correct the substandard design feature, including project number (if
available) and anticipated or estimated construction dates.
004.01A16 Environmental impacts including
scenic, historic and other environmental features, if full standards cannot be
achieved due to environmental implications.
004.01A17 Other factors that could affect the
decision: for example, proposed development in the project area or local
concerns may be issues to be addressed.
004.01A18 Attachments shall include the
existing typical section and the proposed typical section.
004.01B A request for relaxation of standards
for a Scenic-Recreation highway, road or street by any county or other
interested party shall also include:
004.01B1
One (1) copy stating what application of such standard would defeat the purpose
of the Scenic-Recreation functional classification.
004.01B2 One (1) copy of a certification of
approval or disapproval of the request by the governing body having
jurisdictional responsibility for that segment of highway, road or
street.
004.01C A
request for relaxation of standards for a low water stream crossing or ford
shall also include:
004.01C1 A statement that
the road does not provide the only access to an occupied dwelling. Low water
stream crossings or fords will normally not be permitted in any road providing
primary access to an occupied dwelling.
004.01D Upon receipt of a request, the
Secretary for the Board shall set a hearing date for the request no later than
sixty (60) days after the filing of the request, and notice will be given to
the requesting party at least ten (10) days prior to the hearing.
004.01E Upon the date of the hearing, the
board will meet and consider the request. After considering all information
before the board, the board shall:
004.01E1
Vote to grant or deny, in whole or in part, the relaxation request, or;
004.01E2 Vote to continue the
hearing until the next meeting. A request may only be continued once before the
board must act as stated in
004.01E1.
004.01F An affirmative vote of at least six
(6) members will be necessary to grant, deny or continue a request. A permanent
record will be maintained of the board's decision. A copy will be distributed
to the party requesting the relaxation, to the Nebraska Department of Roads,
and to any interested party requesting a record of the proceeding.
004.01G If the board votes to continue a
request, the board should make a record in its minutes of the reason for the
continuance and whether, and if so, what additional information is needed. The
board shall notify the party requesting the relaxation of what information is
needed and the requesting party shall provide such within fourteen (14) days of
the board's action.
