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Thread: Future ROW reservation indication

  1. #1
    Cyburbian Streck's avatar
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    Future ROW reservation indication

    What is the proper format to show and reserve future roadway Right of Way? (Where is it shown?)

    Second question - what if the roadway is actually a county road within the city - would anything change in the manner or way it is indicated?

    Purpose - we want to assure sufficient Front Yard Setbacks are maintained as roadway and traffic expands.

  2. #2
    Cyburbian Cardinal's avatar
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    I'm not clear on the question. Are you trying to show/reserve right of way for a future extension of the street? Are you trying to prevent development within a setback area for a future widening of an existing street? These are two very different things.
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  3. #3
    Cyburbian
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    I'm with Cardinal on not being sure about the exact nature of your question but will venture a very general response.

    Future r.o.w. widths need to be established through an official planning mechanism. Here in Wisconsin, we can do that with adoption of an "Official Map", but I don't know what comparable tool your state provides; it may be something as simple { } as an adopted transportation corridor plan for your muni.

    But those tools only give you the theoretical width and location and don't actually give you the land. The land is generally obtained through the dedication of r.o.w. on the official land record for the property -- the plat, certified survey map, or the like. This doesn't just happen; the r.o.w. needs to be negotiated and/or purchased.

    And if what you are concerned about is how to require that buildings are set back from the "ultimate" or "official" r.o.w. rather than the actual, existing, dedicated, r.o.w. it would help to have some language in your zoning ordinance making that clear. In many cases it isn't necessary to actually have the r.o.w. dedicated in order to have the setback measured from it, as long as that "ultimate" r.o.w. has been properly established and your ZO say specifically that setbacks are measured from the ultimate r.o.w.

    If you are in a position where you are responsible for obtaining the dedication of r.o.w. and aren't familiar with how this is done, I would advise checking with some of the locals, or telling us what state you are

  4. #4
    Cyburbian Streck's avatar
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    Quote Originally posted by Cardinal
    I'm not clear on the question. Are you trying to show/reserve right of way for a future extension of the street? Are you trying to prevent development within a setback area for a future widening of an existing street? These are two very different things.
    Actually the roadway is in place, but it is not wide enough for anticipated traffic. There is very little development along the roadway now. I think we would rather indicate a wider ROW along with deeper setbacks. How do we handle the roadway ROW at this time?

  5. #5
    Cyburbian boiker's avatar
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    Quote Originally posted by Streck
    Actually the roadway is in place, but it is not wide enough for anticipated traffic. There is very little development along the roadway now. I think we would rather indicate a wider ROW along with deeper setbacks. How do we handle the roadway ROW at this time?
    Find out what engineering and public works standards are for a roadway of the anticipated width. Establish a thoroghfare plan and define existing arterials, limited access arterials, feeders, and local streets. Establish ROW width requirements for any proposed arterials, limited access arterials, feeders, etc.

    Require setbacks of a certain depth based upon envisioned development and ROW width.
    Dude, I'm cheesing so hard right now.

  6. #6
    Cyburbian Streck's avatar
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    Thanks. We have designated widths for various classifications of roads and streets. What is the proper method of getting them indicated on Land Use Plan, or Master Plan or whatever, to let developers know in advance what ROW will be required?

    I guess I am asking, do the ROWs need to be recorded somewhere on land records? If so, which land records?

  7. #7
    Cyburbian boiker's avatar
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    Quote Originally posted by Streck
    Thanks. We have designated widths for various classifications of roads and streets. What is the proper method of getting them indicated on Land Use Plan, or Master Plan or whatever, to let developers know in advance what ROW will be required?

    I guess I am asking, do the ROWs need to be recorded somewhere on land records? If so, which land records?
    We have a seperately approved and offical "Thoroghfare Map" that is a required component of the comp plan That offers some predictability. We indicate extensions as dotted/dashed lines.
    Dude, I'm cheesing so hard right now.

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