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Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
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Title 12 | ROADS AND BRIDGES*
Chapters 12.01 General Information 12.02 Definitions and Abbreviations 12.03 Roadway Classification 12.04 Road Design Criteria 12.05 Driveway and Accesses 12.06 Storm Water Management Standards 12.07 Bridges and Major Drainage Structures 12.08 Submittal Requirements for Construction Plans 12.09 Public Road Construction Control and Inspection 12.10 Transportation Concurrency Management 12.11 Roadside Features 12.12 Private Roads (moved to Chapter 12.04.070 Private Road Standards) 12.13 Design and Construction Standards for Utility 12.14 Electric Vehicle Charging Stations 12.15 Water on the Road 12.20 Road-Sanding Policy 12.21 Work on Rights-of-Way 12.22 Vacation of County Roads 12.23 Utility Accommodating Policy 12.24 Uniform Standards for Installation of Buried 12.25 Pit Reclamation 12.28 Road Intersection Illumination Policy 12.32 Renumbered 12.36 Renumbered 12.44 Right-of-way Acquisition and Maintenance 12.48 Right-of-way Acquisition for Projects Involving Federal Funds 12.50 Signs Along the Rights-of-Way 12.56 Franchises for Use of Roads and Other County Properties 12.80 Issuance of Permits to Perform Work on County Road Rights-of-Way
* For provisions relating to load limits on county bridges, see KCC 10.28. For provisions on the operation of off-road vehicles, see KCC 10.36 and 10.37. Prior ordinance history for 12.01 through 12-13: Ord. 2004-13, 2004, Ord. 99-2 § 3, 1999; Ord. 98-16, 1998; Ord. 97-21, 1997; Ord. 96-8, 1996; Ord. 96-22, 1996; Ord. 95-2, 1995; Ord. 94-32, 1994; Ord. 94-27, 1994; Ord. 94-18, 1994; Ord. 93-17, 1993; Ord. 92-30, 1992; Ord. 82-7 § 1, 1982; Res. DPW-3-80, 1980; Ord. RD-40-76, 1976; Res. 75-38, 1975; Vol. 1, p. 575, 1975; Res. RD-27-73, 1973; Res. RD-75-71, 1971; Res. RD-16-71, 1971; Res. RD-55-70, 1970; Res. RD § 15-65, Vol. N, p. 139-140, 1965; Vol. K, p. 177, 1949
Chapter 12.1 GENERAL INFORMATION
Sections 12.01.010 Purpose. 12.01.020 Scope. 12.01.030 Applicability. 12.01.040 Amendments and Revisions. 12.01.050 Enforcement and Responsibility. 12.01.060 Review and Approval. 12.01.070 Interpretation. 12.01.080 Relationship to Other Standards. 12.01.090 Responsibility to Provide Roadway Improvements. 12.01.095 General Requirements. 12.01.100 General References. 12.01.110 Primary Design and Construction Reference Documents. 12.01.120 Other Specifications. 12.01.130 Variances (Departures from the Standards) and Appeals. 12.01.135 Repealed 12.01.140 Authority of the Public Works Director. 12.01.150 Performance Guarantees. 12.01.160 New County Roads. 12.01.170 Joint Review.
12.01.010 Purpose. Kittitas County has adopted these Road Standards to:
In adopting the Road Standards, the County has sought to encourage standardization of road design elements where necessary for consistency and to assure, so far as practical, that the motoring, bicycling, equestrian and pedestrian public safety needs are met. Considerations include safety, convenience, pleasant appearance, proper drainage and economical maintenance. The County's permitting and licensing activities require the adoption of specific, identifiable standards to guide private individuals and entities in the administrative process of securing the necessary County approval. The County must have flexibility to carry out its general duty to provide streets, roads and highways for the diverse and changing needs of the traveling public. Accordingly, these standards are not intended to represent the legal standard by which the County's duty to the traveling public is measured.
The Standards cannot provide for all situations. They are intended to assist but not substitute for competent work by design professionals. It is expected that land surveyors, engineers and architects will bring to each project the best of skills from their respective disciplines. These Standards are also not intended to limit unreasonably any innovative or creative effort, which could result in better quality, better cost savings, or both. Any proposed departure from the Standards will be judged on the likelihood that such variance will produce a compensating or comparable result.
In order to remain current with technological changes and public needs, these standards are subject to revisions. This manual is printed in a format that can be easily updated. This edition will be current at the time of issuance; however, it is incumbent for the holder to keep the manual current with revisions to the standards. (Ord. 2015-010, 2015)
12.01.020 Scope. This title is not a textbook or a substitute for engineering knowledge, experience, or judgment. It is intended to aid in deciding those factors needed to intelligently plan, design, construct, upgrade, and maintain public and private roads in the County.
The requirements contained in this title apply to all new construction, improvements to existing roads, or other work done on, over, or under any public or private roads within the County.
Requirements of the title shall be enforced in the same manner as other Kittitas County Codes (KCC), including injunctions resulting in work stoppage and noncompliance suits for damages to County roads or rights-of-way. (Ord. 2015-010, 2015)
12.01.030 Applicability. This title shall apply to all land within the unincorporated areas of the County except where superseded by other governmental jurisdiction.
These Standards shall apply to all newly constructed public and private roads and right-of-way facilities required by land use development approvals within Kittitas County. In the event of conflict with the current subdivision and zoning codes, KCC Titles 16 and 17, these Standards shall control. These Standards do not apply to State or Federal roads. If roads are required to be built to public standards and are inspected and certified as such, the County may accept these roads onto the County Road system for continued maintenance, subject to limitations as addressed in KCC 12.01.070.
The Standards may apply to modifications of roadway features of existing facilities which are within the scope of reconstruction or capital improvement projects when so required by Kittitas County or to the extent they are expressly referred to in project plans and specifications. The Standards are not intended to apply to "resurfacing, restoration and rehabilitation (3R)" projects as those terms are defined in the Local Agency Guidelines, Washington State Department of Transportation (WSDOT), as amended; however, the Director may at his discretion consider the Standards as optional goals for 3R projects.
Every new utility facility and all planned, non-emergency replacement of existing utility structures within Kittitas County right-of-way shall be governed by the most current version of the Manual on Accommodating Utilities in Kittitas County Rights-of-Way. (Ord. 2015-010, 2015)
12.01.040 Amendments and Revisions. The standards shall be amended as required. The Board of County Commissioners (BOCC), following the recommendations of the Director of Public Works and Planning Commission, may consider revisions and/or amendments to this title. The revisions will be adopted by ordinance following a public hearing. (Ord. 2015-010, 2015)
12.01.050 Enforcement and Responsibility. It shall be the duty of the Board of County Commissioners, acting through the Director of Public Works or his/her designee, to enforce the provisions of this title.
12.01.060 Review and Approval. The County will review all land use development applications for general compliance with Kittitas County Road Standards. An approval by the County does not relieve the developer from final responsibility of insuring all calculations, plans, specifications, construction, and as-built drawings are in compliance with this title as stated in the developer's engineer's certification provided in accordance with KCC 12.08.020. (Ord. 2015-010, 2015)
12.01.070 Interpretation. In the interpretation and application of the provisions of this title, the following shall govern:
(Ord. 2015-010, 2015)
12.01.080 Relationship to Other Standards. When applicable Washington Administrative Code (WAC), Revised Code of Washington (RCW), American Association of State Highway and Transportation Officials (AASHTO) standards, and/or Washington State Department of Transportation (WSDOT) standards are referenced, any reference to "State highways", or the like, shall be interpreted to mean "County Road". This in no way should be interpreted that Kittitas County will require all roads to be built to State highway standards.
Since the County is the approval authority for land use changes, this title, which stipulates certain minimum conditions for land use changes, shall apply. If special districts or other agencies impose more stringent standards, this difference is not considered a conflict; the more stringent standard shall apply. If the State or Federal Government imposes more stringent standards, criteria, or requirements, those standards shall be incorporated into the conditions of approval of the project. (Ord. 2015-010, 2015)
12.01.090 Responsibility to Provide Roadway Improvements.
12.01.095 General Requirements.
( Ord. 2016-023, 2016; Ord. 2015-010, 2015 )
12.01.100 General References. The Standards implement and are intended to be consistent with:
12.01.110 Primary Design and Construction Reference Documents. Except where these Standards provide otherwise, design detail, construction materials and workmanship shall be in accordance with the most current editions of the following publications produced by WSDOT.
12.01.120 Other Specifications. Other specifications include, but are not limited to, the most current editions of the following publications. These publications shall be applicable when pertinent, when specifically cited in the Standards, or when required by State or Federal funding authority.
12.01.130 Variances (Departures from the Standards) and Appeals.
Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Fire Marshal, or designees, and one citizen appointed by the BOCC.
If the proposed road variance is located within a fire district, notice of the proposed variance shall be provided to the applicable fire district at the same time as the Road Variance is submitted to the County Engineer. The Fire District shall have a minimum of 14 days to submit comments from the application submittal date to the variance hearing date.
The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following:
The variance request(s) shall consist of:
Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08, based on the underlying land use decision in accordance with Ch. 36.70B RCW. (Ord. 2022-005, 2022; Ord. 2018-001, 2018; Ord. 2015-010, 2015)
12.01.135 Variance Fairness Standard.
(Repealed by Ord. 2022-005, 2022; Ord. 2018-001, 2018)
12.01.140 Authority of the Public Works Director. The Director of Public Works or his/her designee shall have the authority, on behalf of the County, to ascertain that all design and construction complies with the requirements set forth in these Standards. (Ord. 2015-010, 2015)
12.01.150 Performance Guarantees. Failure to comply with these Standards may result in denial of plan or development permit approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee.
12.01.160 New County Roads.
12.01.170 Joint Review.
Situations may arise in which the County, Forest Service, State, city, town, utility, or other agency will become involved in the review of public or private roads in a given development. This shall occur in situations such as, but not limited to, developments located within UGAs, accessed by State highways or Forest Service easements, or affected by utility easements or rights-of-way. The following procedures shall then apply:
Chapter 12.2 DEFINITIONS AND ABBREVIATIONS
Sections 12.02.010 Abbreviations. 12.02.020 Definitions. 12.02.030 Terrain Classification.
12.02.010 Abbreviations. Where the following words, phrases, or abbreviations appear in these specifications they shall have the following meanings:
12.02.020 Definitions.
12.02.040 Terrain Classification. For the purposes of this manual, the terrain in Kittitas County is divided into three categories:
Terrain classification pertains to the general character of the specific route corridor. Roads in valleys or passes of mountainous areas that have all the characteristics of roads traversing flat or rolling terrain should be classified as flat or rolling. In rolling terrain, trucks reduce their speeds below those of passenger cars on some sections of roadway. Mountainous terrain is responsible for some truck operation at crawl speeds. In cases where the terrain classification is in question, the County Engineer shall make the final decision.
Chapter 12.3 ROADWAY CLASSIFICATION*
Sections 12.03.010 Road Classifications.
12.03.010 Road Classifications. County roads are classified functionally to define the part that they play in serving the flow of trips through the road network. The function of a road is used to determine required right-of-way width, road width, access spacing, intersection spacing, and other road geometrics. Functional classification changes or additions of county roads can be initiated by the County, but are reviewed by WSDOT and the Federal Highway Administration, who provides approval, denial, or conditional approval of functional classification requests. More information on functional classification, including the functional classifications of county roads, can be found on the Public Works website. (Ord. 2015-010, 2015)
Chapter 12.4 ROAD DESIGN CRITERIA
Sections 12.04.010 Scope. 12.04.020 General. 12.04.030 Public Road Design Requirements. 12.04.040 Design Criteria within an Urban Growth Area. 12.04.050 Design Standards. 12.04.060 Geotechnical Investigation. 12.04.070 Private Road Design Requirements. 12.04.080 Private Road Design Criteria. 12.04.090 Private Road Construction Control, Inspection and Certification.
12.04.010 Scope. The purpose of this chapter is to present Kittitas County criteria for the design of public and private roads and streets. It is to be used by developers and their engineers in the design of roads for which approval by the Kittitas County Department of Public Works is required, or which are required to be constructed by a land use development activity. (Ord. 2015-010, 2015)
12.04.020 General. The provisions stipulated in this section are general in nature and shall be considered as applicable to all parts of these specifications, including any supplements and revisions. All road construction within the public or private right-of-way shall be designed by or under the direct supervision of a civil engineer, licensed to practice in the State of Washington as required by KCC 12.08. All drawings and support data submitted to the County for approval must bear his/her seal and signature. The design criteria, as presented, are intended to aid in preparation of plans and specifications, and shall be considered as minimum standards.
As with any design criteria, occasions may arise where the minimum standards are either inappropriate or not feasible due to unusual circumstances. In these cases a variance to these criteria shall be considered. Variance requests shall follow the procedures outlined in KCC 12.01.130. (Ord. 2015-010, 2015)
12.04.030 Public Road Design Requirements.
1ADT to be determined using the most recent edition of the ITE Trip Generation manual.
2Additional roadway or shoulder width may be required on roads with steep side slopes or roads designated as bicycle routes in the Long-Range Transportation Plan.
2BST Class A is a Bituminous Surface Treatment Class A as defined in WSDOT Standard Specifications 5-02.1(1), current edition.
3HMA shall be used on grades exceeding 10%
5Crushed stone depth may be reduced based upon on-site soils investigation.Design assumes the area is well drained and not susceptible to frost.
Print Table 4-2
3Crushed stone depth may be reduced based upon on-site soils investigation.Design assumes the area is well drained and not susceptible to frost.
Print Table 4-3
(Ord. 2015-010, 2015; Ord. 2005-30, 2005; Ord. 2004-013, 2004; Ord. 94-18, 1994)
12.04.040 Design Criteria within an Urban Growth Area.
12.04.050 Design Standards. The design standards established in this title represent minimum values. The sources for these design standards include applicable standards established by AASHTO and WSDOT. Every effort has been made in this title to provide consistent, accepted, and established standards to follow, which will result in a safe and efficient public and private road system at a reasonable cost to construct and maintain, while at the same time minimizing adverse environmental impacts. In addition to the specific design standards found throughout other parts of this title, the following general design principals shall be adhered to insofar as practical :
12.04.060 Geotechnical Investigation. Geotechnical conditions shall be investigated and tested in accordance with WSDOT Geotechnical Design Manual or AASHTO design manuals. The County Engineer may require additional geotechnical investigation based upon specific site conditions. (Ord. 2015-010, 2015)
12.04.070 Private Road Design Requirements. Private roads shall comply with the following conditions:
(Ord. 2019-013, 2019; Ord. 2015-010, 2015)
12.04.080 Private Road Design Criteria. Private roads shall comply with the design requirements of Table 4-4A and 4-4B.
1Applies to all roads accessing existing paved roadway.
2All private roads shall be inspected and certified by a civil engineer licensed in the State of Washington for conformance with the current edition of the Kittitas County Road Standards
3Existing road easements may be a minimum of 40’. New road easements shall be a minimum of 60’. Existing driveway easements may a minimum of 20’. New driveway easements shall be a minimum of 30’.
4Crushed surfacing per WSDOT Standard Specifications.
5Additional depth may be required for roads that are to be public roads.
6A variance request is required for private road grades between 10-12%
12.04.090 Private Road Construction Control, Inspection and Certification. Prior to final approval of any land use development activity, the entire private road system serving a development shall be certified by a civil engineer licensed in the State of Washington to meet Kittitas County Road Standards, unless a performance guarantee is provided in accordance with KCC 12.01.150. The certification shall include all private roads used to access the development from a County or other publicly maintained road. The certification shall be prepared in accordance with the Department of Public Works private road certification guidelines. All information required by the private road certification guidelines shall be presented for the certification to be complete.
A final acceptance inspection by the Department of Public Works is required prior to acceptance of the road certification. Any noted deficiencies must be corrected prior to final acceptance.
The following provides road certification guidelines:
Chapter 12.5 DRIVEWAYS AND ACCESSES*
Sections 12.05.010 Authority. 12.05.020 Purpose. 12.05.030 Implementation. 12.05.040 Obtaining a Permit. 12.05.050 Construction of Access. 12.05.060 Use of Access. 12.05.070 Illegal Access to the County Road. 12.05.080 Conditions for Approval of New Driveways. 12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
* Formerly 12.30; renumbered by Ord. 2004.13, 2004
12.05.010 Authority. Pursuant to RCW 36.75.130, local governments are authorized to regulate vehicular access to and from any public road under their respective jurisdiction from or to property adjoining a public road. (Ord. 2015-010, 2015)
12.05.020 Purpose. It is the purpose of this section to provide the procedures and standards necessary to protect the public health, safety and welfare, maintain smooth traffic flow, maintain road right-of-way drainage, and protect the functional level of the public roads while meeting state, regional, local, and private transportation needs and interests. (Ord. 2015-010, 2015)
12.05.030 Implementation.
12.05.040 Obtaining a Permit.
Persons wishing to apply for direct access to a County road should contact the Kittitas County Department of Public Works. The Department may require any of the following items, when relevant to the evaluation of an access:
The Department will evaluate access permit applications upon receiving the permit fee. The Department will make every effort to evaluate the permit within 15 days.
The Department will work cooperatively with applicants when determining requirements on access requests. Through this cooperative evaluation process, the Department may determine a variation from the access design standards is necessary due to site limitations or other existing conditions and has the authority to make that decision. However, if the applicant disagrees with the Department’s requirements on an access request, the applicant will be required to request a variance to the standards according to KCC 12.01.130.
Prior to issuing a denial on an access permit request, the Department shall attempt to resolve the reasons for the denial with the applicant.
Any appeals of a denied access permit shall be resolved through the Administrative Decisions Appeals process according to KCC 15A.07.
12.05.050 Construction of Access.
The issued access permit will be provided to the permittee along with the requirements for construction. The permittee will have the amount of time defined by the accompanying building permit from the date of issuance, as shown on the permit, to complete construction of the access and request inspection by the Department. In the absence of a building permit the permittee will have 12 months from the date of issuance to complete construction and request inspection by the Department.
The construction of the access suitable to Public Works inspection staff must complete prior to issuance of final occupancy.
The expected dates of construction and use of the access shall be included on the request for an access. The permittee shall notify the Department at least 48 hours prior to any construction in County right-of-way.
The Department shall inspect the access upon completion of construction to ensure that all terms and conditions of the permit are met. The Department may request to inspect the access during construction.
The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee.
It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. The Department may order a halt to any unauthorized construction or use.
Adequate construction signing, in conformance with MUTCD, most recent edition, is required at all times during access construction. This may include, but is not limited to, the use of signs, flashers, barricades and flaggers. The Department and its duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained during construction of the access.
The hours of work on or immediately adjacent to the highway may be restricted due to peak hour traffic demands and other pertinent roadway operating restrictions.
A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions may be ordered by the Department to meet unanticipated site conditions.
(Ord. 2021-015, 2021;Ord. 2015-010, 2015)
12.05.060 Use of Access.
12.05.070 Illegal Access to the County Road. The property owner will be sent written notice of any illegal access location, or use. The owner will be given 10 days to respond to notification of pending actions. After 10 days, the Department may install barriers across or remove any access not conforming to this chapter at the expense of the owner. (Ord. 2015-010, 2015)
12.05.080 Conditions for Approval of New Driveways.
1Any access that cannot meet applicable spacing will require an approved variance
2 Residential & urban zones will be evaluated on a case by case basis
3 Federal Functional Classification - Refer to KCC 12.03.030
4 Includes public and private roads and all other access points
12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
Driveway access existing prior to the County’s adoption of Standard Specifications for Road and Bridge Construction with Resolution RD-41-70 (1970), are allowed to remain with a change in land use provided such existing access does not constitute a resulting safety hazard as defined by the County Road Engineer. (Ord. 2022-017, 2022)
Chapter 12.6 STORM WATER MANAGEMENT STANDARDS AND GUIDELINES*
Sections 12.06.010 Purpose. 12.06.020 Specifications. 12.06.030 Exemptions. 12.06.040 General Requirements. 12.06.050 Drainage Facilities. 12.06.060 Submittal Requirements. 12.06.070 Review and Approval of Plan. 12.06.080 Variances. 12.06.090 Stormwater System Maintenance.
* Formerly 12.70; renumbered by Ord. 2004.13, 2004
12.06.010 Purpose. This chapter establishes stormwater standards and guidelines for use in Kittitas County. They will be used by the development community and others who will create stormwater runoff through land-disturbing activities. The purpose of this chapter will be met through the following:
12.06.020 Specifications.
All stormwater facilities shall be designed in accordance with the current editions of Washington State Department of Ecology’s SWMMEW, WSDOT’s Highway Runoff Manual and Hydraulics Manual, current editions, using the most restrictive specifications. (Ord. 2015-010, 2015)
12.06.030 Exemptions. Projects exempt from this code include the exemptions and partial exemptions listed in the SWMMEW, Sections 2.1.3, 2.1.5 and 2.1.6, current edition. Local exemptions shall be determined through the variance process outlined in KCC 12.06.080. (Ord. 2015-010, 2015)
12.06.040 General Requirements.The following requirements shall be implemented in accordance with the SWMMEW:
12.06.050 Drainage Facilities. Culverts with a minimum diameter of 15 inches must be installed at all County road intersections and at all crossings of well defined natural drainage courses, unless other provisions are made to handle the passage of surface run-off through the roadway prism. BMPs shall be used during construction to manage stormwater. All internal development roads shall handle all stormwater within the development.
All drainage facilities within current or future County right-of-way must be of the type and nature that can be easily maintained by the County. All stormwater facilities within the development and outside the County’s right-of-way shall be maintained by the developer or homeowner’s association. (Ord. 2015-010, 2015)
12.06.060 Submittal Requirements.
Submittal Requirements for Stormwater Site Plans (Reference Ch.3 of the SWMMEW):
12.06.070 Review and Approval of Plan. The stormwater plan and supporting calculations will be reviewed by the Department of Public Works using the Department’s construction plan review procedures in coordination with all other County development and/or permit review procedures. The County’s review and approval of the stormwater plan shall not relieve the developer, owner and/or designer of liability for errors or omissions in the design of storm drainage facilities.
12.06.080 Variances.
Variances from these Stormwater standards and guidelines may be requested by the developer in accordance with Section 12.01.130. Variances shall be issued only when the following criteria exist:
12.06.090 Stormwater System Maintenance.
All newly constructed stormwater systems will be maintained at the expense of the property owner, developer or other legal entity. The County will not maintain systems constructed for the purpose of storage, conveyance, collection or treatment of stormwater generated on privately owned properties. This responsibility and the provision for maintenance shall be clearly stated on subdivision and short plat plans, property conveyance documents, and/or drainage improvement plans.
In the event the owner(s) does not provide property maintenance and the County Engineer determines the stormwater facility represents a public safety threat, the Director will give 30-day notice to the owner(s) to correct the deficiencies. If the deficiencies are not corrected within 30-days the County may enter upon the property to perform the necessary maintenance at the owner(s) expense. This provision for access will be included as a provision of plat or plan approval. (Ord. 2015-010, 2015)
Chapter 12.7 BRIDGES AND MAJOR DRAINAGE STRUCTURES*
Sections 12.07.010 Design Standards. 12.07.020 Structure Inspections.
* Formerly 12.60; renumbered by Ord. 2004.13, 2004
12.07.010 Design Standards.
12.07.020 Structure Inspections.
It is the developer's responsibility to ensure all materials are tested and inspected as required.
The developer's structural engineer or his representative, familiar with the structure's design, shall review the construction in sufficient detail to confirm that the construction is as specified.
Inspection of construction shall be conducted, as frequent as necessary to ensure the construction conforms to the plans and specifications. A written log or report of all work shall be furnished to the County Engineer at completion of the structure.
Testing of materials shall conform to the requirements of WSDOT Standard Specifications, and WSDOT Materials Manual, latest edition.
When land use development activities increase the use of existing bridges, the bridges shall be re-inspected and all inspection and testing results provided to the Department of Public Works. Re-inspection of privately owned bridges shall be included in the road certification.
Inspection of existing bridges shall be conducted by a civil engineer licensed in the State of Washington familiar with bridge design, construction and load ratings. The engineer shall submit a report indicating the existing bridge meets the requirements set forth in these standards in regards to load rating, function, superstructure and abutments. Bridges inspected within two years do not need to be re-inspected unless there is obvious damage or deterioration to the sub-structure, superstructure or the approach.
Chapter 12.8 SUBMITTAL REQUIREMENTS FOR CONSTRUCTION PLANS
Sections 12.08.010 General. 12.08.020 Certification. 12.08.030 Submittal Procedure. 12.08.040 Vicinity Map. 12.08.050 Key Map. 12.08.060 Title Block. 12.08.070 Acceptance Block. 12.08.080 General Standards for Subdivision Final Construction plans. (Publisher's note - 12.04.090 was not enumerated in the ordinance.) 12.08.100 Scale. 12.08.110 Date of Plans. 12.08.120 Seal and Signature. 12.08.130 Underground Utilities. 12.08.130 Private Improvements. (Publisher's note - 12.04.030 was a duplicate number in the ordinance.) 12.08.140 Requirements for Road Plan and Profile Drawings. 12.08.150 Signing and Striping Plans. 12.08.160 Range Points/Property Monuments/Benchmarks.
12.08.010 General. The following documentation is required in conjunction with the submittal of construction plans for any public or private roadway or storm drainage improvement for which approval by the Kittitas County Department of Public Works is required. (Ord. 2015-010, 2015)
12.08.020 Certification.
All construction plans and drainage reports, soils reports and pavement designs shall be prepared by, or under the direction of, a civil engineer, licensed in the State of Washington, and shall be reviewed for the minimum requirements set forth herein. The engineer should be aware that whenever unusual or serious problems are anticipated in conjunction with a proposed construction project, additional information and analysis beyond the minimum requirements of these specifications and criteria would be required.
Construction plans submitted for review and comment must include the following statement on the cover sheet:
Unless otherwise identified or noted, all construction plan submittals are assumed to comply with the provisions of these standards. Failure to follow prescribed procedures may result in return of submittals, additional review fees, or both.
Kittitas County shall not be responsible for the accuracy and adequacy of the design or dimensions and elevations on the plans. Kittitas County, through the acceptance of the construction plan or drainage report, assumes no responsibility for the completeness and/or accuracy of the construction plan or drainage report. The cover sheet shall bear the following statement: The engineer who has prepared these plans, by execution and/or seal hereof does hereby affirm responsibility to the County, as a beneficiary of said engineer's work, for any errors and omissions contained in these plans, and approval of these plans by the Department of Public Works shall not relieve the engineer who has prepared these plans of any such responsibility.
12.08.030 Submittal Procedure. Plans for proposed road and drainage construction shall be submitted to the Department of Public Works as follows:
12.08.040 Vicinity Map.
12.08.050 Key Map.
12.08.060 Title Block. A title block is required on every sheet and cover sheet submitted for review and acceptance. The subdivision name and filing number; Planned Unit Development name (if applicable); the type of improvement; name, address, including zip code, and telephone number and name of the consulting engineer; name, address, including zip code, telephone number and name of the developer or agent; and sheet number (consecutive, beginning with the cover sheet) shall be included in the title block.
The title block shall be located in the extreme lower right hand corner, the right side margin, or along the bottom edge of the sheet.
12.08.070 Acceptance Block.
12.08.080 General Standards for Subdivision Final Construction Plans. The following general standards shall be met for final construction plans.
12.08.090 Scale. Scales listed are the minimum. More detailed scales may be required where necessary to clearly show details.
12.08.100 Date of Plans. The original date of the plans and any subsequent revisions must be shown in the title block. (Ord. 2015-010, 2015)
12.08.110 Seal and Signature. The seal and signature of the developer's engineer, under whose supervision the plans were prepared, shall be located next to the acceptance block on each sheet. (Ord. 2015-010, 2015)
12.08.120 Underground Utilities. The type, size, location and number of all underground utilities shall be shown. Field verified elevations and locations may be required on the construction plans for all underground utilities that will potentially affect the design or construction. It will be the responsibility of the contractor to verify the existence and location of all underground utilities along their route of work prior to commencing any new construction. (Ord. 2015-010, 2015)
12.08.130 Private Improvements.
12.08.140 Requirements for Road Plan and Profile Drawings. In addition to the requirements set forth elsewhere in these Standards, the following information shall be shown on all roadway plans submitted for review and approval.
12.08.150 Signing and Striping Plans.
12.08.160 Range Points, Property Monuments, and Benchmarks.
All monuments delineating right-of-way boundaries of property or witness thereof shall be set in accordance with this section and all applicable State of Washington laws and regulations.
Any "aliquot corner" (section corner, quarter corner, etc.), as described in the Public Land Survey System, shall be monumented per Washington State Statutes. If such a corner falls within concrete or asphalt, a monument case and cover shall be installed to protect and provide access to said corner.
If so desired, the Developer may install monument cases and covers in asphalt or concrete for property monuments, range points, benchmarks, etc., if the boxes comply with Kittitas County standards.
Chapter 12.9 PUBLIC ROAD CONSTRUCTION CONTROL AND INSPECTION*
Sections 12.09.010 Basis for Control of the Work. 12.09.020 Subdivision, Commercial and Right-of-Way Development Inspection. 12.09.030 Penalties for Failure to Notify for Development Inspection. 12.09.040 Embankment Construction Control in Developments. 12.09.050 Traffic Control in Development Construction. 12.09.060 County Forces and County Contract Road Inspection. 12.09.070 Call Before You Dig.
* Formerly 12.90; renumbered by Ord. 2004.13, 2004
12.09.010 Basis for Control of the Work.
Work performed in the construction or improvement of County roads, future county roads, whether by or for a private developer, by County forces, by County contractor or by private contractor, shall be done in accordance with Kittitas County Road Standards and approved plans ( KCC 12.08 ). IT IS EMPHASIZED THAT NO WORK MAY BE STARTED UNTIL SUCH PLANS ARE APPROVED. Any revision to such plans shall be approved by the County Engineer before being implemented.
The County Engineer will have authority to enforce the Standards as well as other referenced or pertinent specifications. He will appoint project engineers, assistants and inspectors as necessary to inspect work and they will exercise authority as the County Engineer may delegate.
Provisions of Section 1-05 (Control of Work) of the WSDOT Standard Specifications, most recent edition, shall apply, with the term "Engineer" therein construed to be the County Engineer as defined in KCC 12.02.020.
12.09.020 Subdivision, Commercial and Right-of-Way Development Inspection. On all road and drainage facility construction open to the public or maintained by the public, proposed or in progress for adoption onto the county road system, which relates to subdivision, commercial and right-of-way development, control and inspection will be done by the Department of Public Works. Unless otherwise instructed by the County Engineer, construction events which require monitoring or inspection are identified as follows, with prior notification to the Department of Public Works office (Telephone 509-962-7523).
12.09.030 Penalties for Failure to Notify for Development Inspection. Timely notification by the developer as noted is essential for the County to verify through inspection that the work meets the standard. Failure to notify in time may oblige the County to arrange appropriate sampling and testing after-the-fact, with certification, either by a qualified private engineer or by County personnel. Costs of such testing and certification shall be the responsibility of the developer. If the County Engineer requires further sampling, testing or certification, further work on the development may be prohibited or limited until all directed tests have been completed and corrections made to the satisfaction of the County Engineer. If necessary the County may take further legal actions. (Ord. 2015-010, 2015)
12.09.040 Embankment Construction Control in Developments. The provisions of Section 2-03 (Roadway Excavation and Embankment) of the WSDOT Standard Specifications apply in all respects to development construction unless otherwise instructed by the County Engineer. The following elements are cited for clarification and emphasis:
12.09.050 Traffic Control in Development Construction.
12.09.060 County Forces and County Contract Road Inspection. Road construction performed by County forces or by contract for the County will be inspected under supervision of the County Engineer.
12.09.070 Call Before You Dig. Developers and contractors are responsible for notification of utilities a minimum of two working days in advance of any excavation, or as required by RCW 19.122. The utility One-Call Center phone number 1-800-424-5555 or 811 should be prominently displayed at the work site. Notifications may also be entered online at www.callbeforeyoudig.org. (Ord. 2015-010, 2015)
Chapter 12.10 TRANSPORTATION CONCURRENCY MANAGEMENT
Sections 12.10.010 Purpose. 12.10.020 Authority. 12.10.030 Level of Service Standards. 12.10.040 Concurrency Evaluation. 12.10.050 Concurrency Determination. 12.10.060 Determination of Concurrency Finding. 12.10.070 Administrative Reconsideration. 12.10.090 Definitions.
12.10.010 Purpose. The purpose of this chapter is to ensure that adequate transportation facilities are available or provided concurrent with development, in accordance with the Growth Management Act (RCW 36.70A.070) and consistent with WAC 365-195-510 and 365-195-835. No development permit shall be issued except in accordance with this chapter. (Ord. 2011-011, 2011)
12.10.020 Authority. The public works director, or his/her designee, shall be responsible for implementing and enforcing this chapter. (Ord. 2011-011, 2011)
12.10.030 Level of Service Standards. The transportation level of service standards for purposes of concurrency review are described and contained in the Kittitas County Comprehensive Plan, Long Range Transportation Plan and any adopted modifications. (Ord. 2011-011, 2011)
12.10.040 Concurrency Evaluation.
12.10.050 Concurrency Determination. The county shall not approve a development permit unless there are adequate transportation facilities to meet the level of service standards for existing and approved uses, based on the forecast peak hour traffic volumes and the committed transportation system. Concurrency requires adequate transportation facilities to be in place at the time of development or that a financial commitment is in place to complete the improvements or strategies needed for adequate transportation facilities within six years.
12.10.060 Determination of Concurrency Finding.
12.10.070 Administrative Reconsideration.
12.10.080 Repealed.
12.10.090 Definitions.
Chapter 12.11 ROADSIDE FEATURES*
Sections 12.11.010 Roadside Features. 12.11.020 Survey Monuments.
* Formerly 12.51; renumbered by Ord. 2004.13, 2004
12.11.010 Roadside Features. Roadside Features - All roadside features shall be designed in accordance with applicable WSDOT Design Manuals or AASHTO Design Guidelines.
12.11.020 Survey Monuments.
All existing survey control monuments, which are disturbed, lost or destroyed during surveying or construction; shall be replaced by a land surveyor registered in the State Of Washington at the expense of the responsible developer.
Survey control monuments shall be placed or replaced by a licensed land surveyor as shown on the approved construction plans in accordance with recognized good practice in land surveying, and in accordance with the approved details for survey monuments.
Survey monuments are required at all road intersections, points of horizontal curvature (PC's), points of horizontal tangency (PT's), centers of cul-de-sacs and other appropriate locations as determined necessary by the County. Monuments at PC's and PT's may be eliminated and replaced with a monument at the Point of Intersection (PI), if the PI falls within the paved roadway surface.
A signed and sealed statement from the developer's land surveyor that all monuments and corners indicated on the plat or construction plans have been set and are in good condition will be required before final acceptance of the road by the County.
Record of the monumentation shall be made in accordance with the Survey Recording Act.
Chapter 12.12 PRIVATE ROADS
Publisher's note - Chapter 12.12 Private Roads has been moved to Chapter KCC 12.04.070 Private Road Standards. (Ord. 2015-010, 2015)
Chapter 12.13 DESIGN AND CONSTRUCTION STANDARDS FOR UTILITY
Sections 12.13.010 Design and construction standards. (Publisher's note - 12.13.010 was not enumerated in the ordinance.)
12.13.010 Design and construction standards. Design and construction standards for utility shall be in accordance with The Manual for Accommodating Utilities.
Chapter 12.14 ELECTRIC VEHICLE CHARGING STATIONS
Sections 12.14.010 On-street Electric Vehicle Charging Stations - Generally. 12.14.020 Signage.
12.14.010 On-street Electric Vehicle Charging Stations - Generally.
12.14.020 Signage. Signage shall be provided in accordance with RCW 46.08.185. (Ord. 2016-023, 2016; Ord. 2011-013, 2011)
Chapter 12.15 WATER ON THE ROAD
Sections 12.15.010 Conduct of Water Upon or Across County Roads. 12.15.020 Violation – Penalties. 12.15.030 Damages. 12.15.040 Provisions Supplemental. 12.15.050 Severability.
12.15.010 Conduct of Water Upon or Across County Roads. No person, firm or corporation shall operate any irrigation system which, in still air, directs water upon or across any county road so as to endanger or impede the road or travel thereon.
12.15.020 Violation – Penalties. Any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter is subject to penalties and enforcement under Title 18 KCC.
12.15.030 Damages. In addition to any penalties under 12.15.02, any person, firm or corporation violating the provisions of this chapter shall be responsible in damages to Kittitas County for any reasonable amount necessary to repair, replace, resurface or to otherwise restore such county road as may be affected, to the condition in which said road was prior to violating acts.
12.15.040 Provisions Supplemental. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy of law.
12.15.050 Severability. If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected.
Chapter 12.20 ROAD-SANDING POLICY*
Sections 12.20.010 Emergency and non-emergency.
* Formerly 12.05; renumbered by Ord. 2004.13, 2004
12.20.010 Emergency and non-emergency. The board of county commissioners, in the best interest of the public, sets the following policy: Sanding will be done at intersections, hills and railroad crossings. Sanding on other areas will be done only in emergencies deemed necessary by a county commissioner of his respective district and the county engineer. (Ord. 94-27 (part), 1994; Res. RD-8-75 (part), 1975. Formerly 12.32.010).
Chapter 12.21 WORK ON RIGHTS-OF-WAY*
Sections 12.21.010 Bond requirement waived for municipal corporations.
* Formerly 12.06; renumbered by Ord. 2004.13, 2004
12.21.010 Bond requirement waived for municipal corporations. The board of county commissioners waives the bond requirement for all municipal corporations when permits are granted to them for work on the county road right-of-way. (Ord. 94-27 (part), 1994; Vol. 1, p. 575, 1975. Formerly 12.36.010).
Chapter 12.22 VACATION OF COUNTY ROADS*
Sections 12.22.010 Vacation. 12.22.020 Resolution. 12.22.030 Freeholder's petition. 12.22.040 Director's report. 12.22.050 Notice of hearing. 12.22.060 Hearing. 12.22.070 Expense of proceeding. 12.22.080 Compensation to county as condition to vacation. 12.22.090 Vacation of roads abutting bodies of water prohibited, exception. 12.22.100 Retention of easement for public utilities and services. 12.22.110 Sale to adjacent land owners.
* Formerly 12.08; renumbered by Ord. 2004.13, 2004
12.22.010 Vacation. Vacation of right-of-way is controlled by Chapter 36.87 RCW and the provisions of this chapter. Road vacation procedures may be initiated either by board resolution or freeholder petition. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.010).
12.22.020 Resolution. When a county road or any part thereof is considered useless, the board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the director of public works to report upon such vacation and abandonment. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.020).
12.22.030 Freeholder's petition. Ten freeholders residing in the vicinity of any county road or portion thereof may petition the board to vacate and abandon the same or any portion thereof.
12.22.040 Director's report. In response to the board's direction, the director of public works shall examine any county road or portion thereof proposed to be vacated and abandoned and report to the county on the following:
12.22.050 Notice of hearing. Notice of hearing upon the report for vacation and abandonment of a county road shall be published by the board at least once a week for two consecutive weeks preceding the date fixed for the hearing in the county official newspaper and a copy of the notice shall be posted for at least twenty days preceding the day fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. Notice of hearing shall also be addressed through the United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of the subject property and mailed not less than twelve days prior to the hearing. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.050).
12.22.060 Hearing. On the day fixed for the hearing, the board shall proceed to consider the report of the director, together with any evidence for any objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the board, by ordinance, may vacate the road or portion thereof. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.060).
12.22.070 Expense of proceeding. If the board determines to vacate the road, one of the conditions for vacation shall be that petitioners pay to the county road fund the itemized costs and expenses detailed in Kittitas County Code Chapter 4.16. Upon payment of these costs and the meeting of any other terms and conditions included in the ordinance granting vacation and entered into its minutes, the road or portion thereof shall be considered vacated. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.070).
12.22.080 Compensation to county as condition to vacation. The board in its ordinance of vacation may require persons benefiting from the vacation of county roads to pay Kittitas County for the appraised fair market value of the property vacated. Such compensation shall be one of the conditions precedent to the actual vacation of the county road right-of-way. Pursuant to RCW 36.87.110 the board may separately classify county roads for which no public expenditures have been made in the acquisition, improvement or maintenance of the same, according to the nature of the county's property interest in the road, and determine compensation to the county, if any. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.080).
12.22.090 Vacation of roads abutting bodies of water prohibited, exception. No county road or part thereof shall be vacated which abuts on a body of fresh water unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.090).
12.22.100 Retention of easement for public utilities and services. Whenever a county road or any portion thereof is vacated, the board may include in the ordinance authorizing the vacation, a provision that the county retain an easement in respect to the vacated land for the construction, repair, maintenance of public utilities and services which at the time the ordinance is adopted are authorized or are physically located in a portion of the land being vacated; provided, that the board shall not convey such easement to any public utility or other entity or person but may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as used in this section shall include utilities owned, operated, or maintained by every gas company, electrical company, communications company, telephone company, telegraph company, water company and sewer company whether or not such company is privately owned or owned by a governmental entity. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.100).
12.22.110 Sale to adjacent land owners. The benefiting property owners will each be offered one half of the vacated road and/or road right-of-way adjacent to their property. If one of the benefiting property owners does not wish to purchase the one-half portion of the road or road right-of-way adjacent to his/her property then the other benefiting property owner(s) shall be entitled to purchase that portion of the road and/or road right-of-way. If the property is not purchased by adjacent property owner(s), then said vacation shall be automatically voided. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.110).
Chapter 12.23 UTILITY ACCOMMODATION POLICY*
Sections 12.23.010 Adoption.
* Formerly 12.12; renumbered by Ord. 2004.13, 2004
12.23.010 Adoption. In accordance with RCW 36.55, the "Policy on Accommodation of Utilities," written and approved by the Washington Association of Counties in the fiscal year of 1971, is adopted by the county. Where the word "State" appears in the policy, the County of Kittitas shall be used. Where the word "Highway" appears in the policy, the word roadway will be used. Where the word "Commission" appears in the policy, the word county engineer will be used. Where the words "Washington State Highway Commission" appears, the words Kittitas County Commissioners will be used. (Res. RD-75-71, 1971; Res. RD-55-70, 1970).
Chapter 12.24 UNIFORM STANDARDS FOR INSTALLATION OF BURIED CABLES*
Sections 12.24.010 Standards adopted. 12.24.020 Conditions established. 12.24.030 Right-of-way line proximity. 12.24.040 Minimum cover. 12.24.050 Pipe carrier use. 12.24.060 Location markers. 12.24.070 Road crossing repair. 12.24.080 Repealed. 12.24.090 Traffic control devices. 12.24.100 County saved harmless. 12.24.110 Excavation within county road limits. 12.24.120 Item 10 of Buried Cable Specifications amended - Placement location. 12.24.130 Drainage provisions. 12.24.140 Rubbish removal. 12.24.150 Supervision - Maintenance standards. 12.24.160 Location change - Removal. 12.24.170 Noncompliance. 12.24.180 Maintenance responsibility. 12.24.190 Drawings required. 12.24.200 On-site job inspection.
* Formerly 12.16; renumbered by Ord. 2004.13, 2004
12.24.010 Standards adopted. The Uniform Standards for the Installation of Buried Cables Along Kittitas County Road Rights-of-way is adopted and effective. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.020 Conditions established. Conditions pertinent to placing buried cables along public rights-of-way on county roads shall be as follows in Sections 12.16.030 through 12.16.200. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.030 Right-of-way line proximity. The cable is to be as close to the right-of-way line as practicable, or as directed by the county road engineer. (Res. RD § 15-65 § 1, Vol. N, p. 139, 1965).
12.24.040 Minimum cover. The cable is to have a minimum cover of thirty inches along the road and twenty-four inches minimum under all road ditches. (Res. RD § 15-65 § 2, Vol. N, p. 139, 1965).
12.24.050 Pipe carrier use. Where road crossings are made over roads paved with asphaltic concrete, a pipe carrier shall be jacked under the road to eliminate patching of pavement. (Res. RD § 15-65 § 3, Vol. N, p. 139, 1965).
12.24.060 Location markers. At all road crossings, cable location shall be marked with suitable posts to make aware all county maintenance forces of buried cable at the location. The cable location shall be marked when the cable is placed parallel with the county road with suitable posts. (Res. RD § 15-65 § 4, Vol. N, p. 139, 1965).
12.24.070 Road crossing repair. Where asphalt or light bituminous must be cut for road crossings, the permittee shall arrange for proper repair of road crossings and to the satisfaction of the engineer. (Res. RD § 15-65 § 5, Vol. N, p. 139, 1965).
12.24.080 Deposit Fee. Repealed by Ord. 2017-001. (Ord. 2017-001, 2017; Res. RD § 15-65 § 6, Vol. N, p. 139, 1965)
12.24.090 Traffic control devices. The permittee shall adequately protect the public and shall furnish and maintain flagman, signs, and other traffic control devices as outlined in Part V of the Manual on Uniform Traffic Control Devices as warranted. (Res. RD § 15-65 § 7, Vol. N, p. 139, 1965).
12.24.100 County saved harmless. In accepting this permit, the petitioner, his successors and assigns, agrees to protect the county and save it harmless for all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of the performance of any such work, character of materials used or manner of installation, maintenance and operation or by the improper occupancy of rights-of-way or public place or structure, and in case any suit or action is brought against the county for damages arising out of or by reason of any of the above causes, the petitioner, his successors or assigns, will upon notice to him or them of commencement of such action defend the same at his or their own sole cost and expense and will satisfy any judgment after the said suit or action shall have finally been determined if adverse to the county. (Res. RD § 15-65 § 8, Vol. N, p. 139, 1965).
12.24.110 Excavation within county road limits. Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the county road in such a manner as to interfere with the travel over said road. (Res. RD § 15-65 § 9, Vol. N, p. 139, 1965).
12.24.120 Item 10 of Buried Cable Specifications amended - Placement location. Item 10 of the Buried Cable Specifications is changed to read as follows: "Except as herein authorized, no excavation shall be made within five feet of the edge of the pavement or traveled roadway and no placement of buried cables is to be placed closer than one foot from the edge of the pavement, provided proper equipment is used for such placement of buried cables." (Res. RD-36-66, Vol. N, p. 305, 1966; Res. RD § 1565 § 10, Vol. N, p. 139, 1965).
12.24.130 Drainage provisions. If the work done under this permit interferes in any way with the drainage of the county road, the grantee shall wholly and at his own expense make such provision as the engineer may direct to take care of said drainage. (Res. RD § 15-65 § 11, Vol. N, p. 139, 1965).
12.24.140 Rubbish removal. On completion of said work herein contemplated all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the county road engineer. (Res. RD § 15-65 § 12, Vol. N, p. 140, 1965).
12.24.150 Supervision - Maintenance standards. All of the work herein contemplated shall be done under the supervision and to the satisfaction of the county road engineer and thereafter maintained in accordance with all rules and regulations governing such construction and maintenance in the state. (Res. RD § 15-65 § 13, Vol. N, p. 140, 1965).
12.24.160 Location change - Removal. The county hereby reserves the right to order the change of location or the removal of any structure or structures authorized by this permit at any time, said change or removal to be made at the sole expense of the party or parties to whom this permit is issued, or their successors and assigns. (Res. RD § 15-65 § 14, Vol. N, p. 140, 1965).
12.24.170 Noncompliance. The county road engineer may revoke, annul, change, amend, amplify, or terminate this permit or any of the conditions enumerated in Sections 12.16.030 through 12.16.200 if grantee fails to comply with any or all of its provisions, requirements or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with notices given or if the utility herein granted is not installed or operated and maintained in conformity herewith or at all or for any cause or reason whatsoever. (Res. RD § 15-65 § 15, Vol. N, p. 140, 1965).
12.24.180 Maintenance responsibility. The party to whom this permit is issued maintains at his sole expense the structure or object for which this permit is granted in a condition satisfactory to the county road engineer. (Res. RD § 15-65 § 16, Vol. N, p. 140, 1965).
12.24.190 Drawings required. Drawings will be required showing in detail all work intended by the permittee. (Res. RD § 15-65 § 17, Vol. N, p. 140, 1965).
12.24.200 On-site job inspection. The county reserves the right to provide on-site job inspection of which said costs shall be reimbursed by the permittee at the rate of five dollars per hour. (Res. RD § 15-65 § 18, Vol. N, p. 140, 1965).
Chapter 12.25 PIT RECLAMATION*
Sections 12.25.010 Policy adoption. 12.25.020 Reclamation plan. 12.25.030 Minimum standards. 12.25.040 Borrow, quarry or pit, stockpile and waste sites. 12.25.050 Borrow sites. 12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water. 12.25.070 Quarry sites. 12.25.080 Waste sites.
* Formerly 12.24; renumbered by Ord. 2004.13, 2004
12.25.010 Policy adoption. The board of county commissioners adopts the policy set forth in Sections 12.24.020 through 12.24.080 for the operation and reclamation of all county operated borrow, quarry or pit, stockpile and waste sites within the county. (Res. RD-16-71 (part), 1971).
12.25.020 Reclamation plan. All county owned and leased borrow, quarry or pit, stockpile and waste sites, to be henceforth acquired or presently operated, for the construction and maintenance of county roads and highways by the county road department shall require a reclamation plan which shall be effected by said county forces or the county's contractors, within two years after depletion or abandonment of the site. The reclamation plan shall include, but not limit to the following details:
12.25.030 Minimum standards. The county will adhere to the following minimum standards set forth in Sections 12.24.040 through 12.24.080. (Res. RD-16-71 (part), 1971).
12.25.040 Borrow, quarry or pit, stock pile and waste sites.
12.25.050 Borrow sites. The sides of borrow sites which require excavation in soil, sand, gravel, and other unconsolidated materials shall be no steeper than one and one-half feet horizontal to one foot vertical. (Res. RD § 16-71 (part), 1971).
12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water. Excavations which are of such depth that sufficient waters accumulate to form a body of water will be reclaimed as follows:
The restoration of any borrow, quarry or pit site which results in the formation of a lake shall be the result of careful planning and will take into consideration all factors which contribute to the ultimate ecology of the site. (Res. RD-1671 (part), 1971).
12.25.070 Quarry sites. The slopes of quarry walls in rock or other consolidated materials shall have no prescribed angle of slope, but where hazardous conditions exist, the quarry shall be either graded or backfilled to a slope of one foot horizontal to one foot vertical or other precautions must be taken to provide adequate safety. (Res. RD-16-71 (part), 1971).
12.25.080 Waste sites. The peaks and depressions of wasted materials shall be reduced to a gently rolling topography or a uniformly graded surface which will minimize erosion, drain properly and which will be in substantial conformity with the immediately surrounding terrain.
The county road department shall cooperate with other governmental and private agencies in this state and agencies of the federal government in an effort to provide land reclamation of the sites used for the hereinbefore described purposes which will be in the best interests of all concerned. (Res. RD-16-71 (part), 1971).
Chapter 12.28 ROAD INTERSECTION ILLUMINATION POLICY
Sections 12.28.010 Adopted.
12.28.010 Adopted. The board of county commissioners, all members present, adopts the county engineer's recommendation to install highway intersection lighting on all arterial road intersections having an ADT of over one thousand count or more, with a minimum of one twenty thousand lumen fixture or more, as may be required. (Res. RD-27-73, 1973).
Chapter 12.30 DRIVEWAYS, ACCESSES, WALKS AND TRAILS
(Deleted by Ordinance 2004-13)
Chapter 12.32 ROAD-SANDING POLICY
(Renumbered to 12.20 by Ordinance 2004-13) (Renumbered to 12.05 by Ordinance 94-27)
Chapter 12.36 WORK ON RIGHTS-OF-WAY
(Renumbered to 12.21 by Ordinance 2004-13) (Renumbered to 12.06 by Ordinance 94-27)
Chapter 12.40 SURFACING REQUIREMENTS
Chapter 12.44 RIGHT-OF-WAY ACQUISITION AND MAINTENANCE
Sections 12.44.010 Acquisition generally. 12.44.020 Preliminary activities. 12.44.030 Appraisal methods and procedures - Review. 12.44.040 Just compensation for property - Establishment procedure. 12.44.050 Purchase - Additional requirements - Unsuccessful negotiation. 12.44.060 Donation - Additional requirements. 12.44.070 Eminent domain proceedings - Board of county commissioners authority. 12.44.080 Disposition of salvageable items - County engineer responsibility. 12.44.090 Relocation assistance. 12.44.100 Funds available from government agencies - Compliance with agency guidelines required.
12.44.010 Acquisition generally.
12.44.020 Preliminary activities.
12.44.030 Appraisal methods and procedures - Review. In the case of acquisition by other than donation, the following procedures shall apply:
12.44.040 Just compensation for property - Establishment procedure.
12.44.050 Purchase - Additional requirements - Unsuccessful negotiation. Upon establishment of just compensation for all parcels that are to be purchased on any one project or complete segment thereof, the county engineer shall:
12.44.060 Donation - Additional requirements. Upon completion of the right-of-way maps and other items of work together with the board of county commissioners' approval all as set forth in subsections (b) and (c) of Section 12.44.020 the county engineer shall:
12.44.070 Eminent domain proceedings - Board of county commissioners authority. Should the board of county commissioners determine that acquisition through eminent domain proceedings is necessary to acquire one or more parcels, the board shall adopt a resolution initiating such proceedings in accordance with statute. (Res. RD-40-76 (part), 1976).
12.44.080 Disposition of salvageable items - County engineer responsibility. The disposition of all salvageable items acquired with property shall be accounted for by the county engineer. (Res. RD-40-76 (part), 1976).
12.44.090 Relocation assistance. The county engineer shall review the right-of-way maps and the parcels to be acquired to determine whether or not any individual, family, business, nonprofit organization or farm operation would be displaced and:
12.44.100 Funds available from government agencies - Compliance with agency guidelines required. Should funds be available to Kittitas County for use from government agencies other than the Federal Highways Administration, Kittitas County will follow those particular requirements to comply with the guidelines of that particular government agency providing those funds. (Res. RD-40-76 (part), 1976).
Chapter 12.48 RIGHT-OF-WAY ACQUISITION FOR PROJECTS INVOLVING FEDERAL FUNDS
Sections I POLICY STATEMENT 12.48.010 Policy statement. II PERSONNEL AND DUTIES 12.48.020 County director of public works. 12.48.030 Appraiser. 12.48.040 Real property agent. III FEDERAL AID REQUIREMENT CHECKLIST 12.48.050 Utilization. 12.48.060 Real property must be appraised before initiation of negotiations with owner. 12.48.070 Owners must be given opportunity to accompany each appraiser during inspection of property. 12.48.080 Acquiring agency must establish just compensation before initiation of negotiations with owners. 12.48.090 No increase or decrease in fair market value due to project except physical deterioration to be considered in valuation of property. 12.48.100 Appraisals not to give consideration nor include allowance for relocation assistance benefits. 12.48.110 Owner not to be left with uneconomic remnant that acquiring agency did not offer to acquire. 12.48.120 Owner to be given written statement of amount established as just compensation, summary of basis for amount of just compensation and, where appropriate, just compensation for real property acquired, and damages to be separately stated in written statement. 12.48.130 No owner shall be required to surrender possession before agreed purchase price has been paid or approved amount of compensation has been paid into court. 12.48.140 All displaced persons must be given ninety-day notice in advance of date required to move. 12.48.150 Rental amount charged to owners and/or tenants permitted to occupy property subsequent to acquisition must not exceed fair market rental value to short-term occupant. 12.48.160 No action must be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel agreement on price to be paid for property. 12.48.170 Acquiring county must acquire equal interest in all buildings, etc., located upon real property acquired. 12.48.180 Acquiring county must pay recording fees, transfer taxes, etc., penalty costs for prepayment of a preexisting mortgage and pro rata share of real property taxes paid subsequent to vesting title in acquiring county. 12.48.190 No property owner can voluntarily donate property prior to being informed of right to receive just compensation. 12.48.200 Provisions made for rodent control. 12.48.210 No owner intentionally required to institute legal proceedings to prove fact of taking real property. 12.48.220 Use of federal aid project number.
I POLICY STATEMENT
12.48.010 Policy statement.
II PERSONNEL AND DUTIES
12.48.020 County director of public works. The county director of public works is a civil engineer licensed in the state of Washington:
12.48.030 Appraiser. The county utilizes the services of the county assessor and his staff, or retains private appraisers to prepare appraisals and for review of said appraisals; research market data to assure up to date information on the real estate market and provide court testimony on appraisals for condemnation, if required. (Res. DPW-3-80 (part), 1980).
12.48.040 Real property agent. The real property agent:
III FEDERAL AID REQUIREMENT CHECKLIST
12.48.050 Utilization. Utilization. The following federal aid requirement checklist shall be utilized in acquiring property for the county. (Res. DPW-3-80 (part), 1980).
12.48.060 Real property must be appraised before initiation of negotiations with owner. Property acquired by the county for public works projects will be appraised by a qualified staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner. (Res. DPW-3-80 (part), 1980).
12.48.070 Owners must be given opportunity to accompany each appraiser during inspection of property. The county appraiser will contact the owner and extend an invitation for the owner to accompany the appraiser during his inspection of the property. Appointment should be made at the owner's convenience. (Res. DPW-3-80 (part), 1980).
12.48.080 Acquiring agency must establish just compensation before initiation of negotiations with owners. The county will establish just compensation from the review appraiser's estimate of value before negotiating with any owner. Any amounts paid over just compensation for the property will be an administrative settlement and will be so documented in the acquisition file as to the justification used in arriving at the amount of the settlement. However, in an administrative or stipulated settlement, payment will not be made by the person who determined the settlement. (Res. DPW3-80 (part), 1980).
12.48.090 No increase or decrease in fair market value due to project except physical deterioration to be considered in valuation of property. No increase or decrease in fair market value due to project, except physical deterioration is to be considered in valuation of property. During the appraisal process, the county will not consider any factors of the project that will influence the valuation of the property except physical deterioration wherever appropriate. (Res. DPW-3-80 (part), 1980).
12.48.100 Appraisals not to give consideration nor include allowance for relocation assistance benefits. The county will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be acquired. (Res. DPW-3-80 (part), 1980).
12.48.110 Owner not to be left with uneconomic remnant that acquiring agency did not offer to acquire. Pursuant to RCW 8.26.180, paragraph 9, the county during acquisition of a portion of the owner's property will not leave an uneconomic remnant without offering to acquire the entire property from owner. (Res. DPW-3-80 (part), 1980).
12.48.120 Owner to be given written statement of amount established as just compensation, summary of basis for amount of just compensation and, where appropriate, just compensation for real property acquired, and damages to be separately stated in written statement. The county will give to the owner at the initiation of negotiation a written statement known as the "fair offer letter." That statement will be the amount of just compensation based on a review and analysis of appraisal(s) made by a qualified appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be identification of the real property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will show that portion of just compensation considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the county will give to the owner an acquisition brochure furnished by the Washington State Department of Transportation. (Res. DPW-3-80 (part), 1980).
12.48.130 No owner shall be required to surrender possession before agreed purchase price has been paid or approved amount of compensation has been paid into court. The county will not require the owner or tenant to surrender possession of the property before ninety days after the agreed purchase price has been paid or the approved amount of compensation has been paid into court. The ninety-day notice may be reduced only in the event the property being acquired is unimproved, contains no personal property and is not being utilized by the owner or tenant. (Res. DPW-3-80 (part), 1980).
12.48.140 All displaced persons must be given ninety-day notice in advance of date required to move. The county will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service. (Res. DPW-3-80 (part), 1980).
12.48.150 Rental amount charged to owners and/or tenants permitted to occupy property subsequent to acquisition must not exceed fair market rental value to short-term occupant. Rental amounts charged to owners and tenants occupying the property subsequent to acquisition will not be in excess of the fair rental amount of a short-term occupant. (Res. DPW-3-80 (part), 1980).
12.48.160 No action must be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel agreement on price to be paid for property. Every reasonable effort will be made to acquire expeditiously real property by negotiations without exercising the right of Eminent Domain. No action will be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property. (Res. DPW-3-80 (part), 1980).
12.48.170 Acquiring county must acquire equal interest in all buildings, etc., located upon real property acquired. When any interest in real property is acquired, at least an equal interest will be acquired in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from such real property or which will be adversely affected by the future use of such real property. (Res. DPW-3-80 (part), 1980).
12.48.180 Acquiring county must pay recording fees, transfer taxes, etc., penalty costs for prepayment of a preexisting mortgage and pro rata share of real property taxes paid subsequent to vesting title in acquiring county. The county will comply with RCW 8.26.200 and will pay direct or reimburse the owner for expenses necessarily incurred in the acquisition for:
12.48.190 No property owner can voluntarily donate property prior to being informed of right to receive just compensation. A donation or gift of real property will be accepted only after the owner has been fully informed of his right to receive just compensation. (Res. DPW-3-80 (part), 1980).
12.48.200 Provisions made for rodent control. If rodent control should become necessary in the project, the county will make provisions to maintain control or eradicate the rodents. (Res. DPW-3-80 (part), 1980).
12.48.210 No owner intentionally required to institute legal proceedings to prove fact of taking real property. No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property. (Res. DPW-3-80 (part), 1980).
12.48.220 Use of federal aid project number. The county, to promote more convenient administration of federal aid projects, will require that right-of-way plans, contracts, deeds, appraisals, options, vouchers, correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the federal aid project number for ready identification. (Res. DPW-380 (part), 1980).
Chapter 12.50 SIGNS ALONG RIGHTS-OF-WAY
Sections 12.50.010 Commercial signs prohibited. 12.50.020 Removal of commercial signs.
12.50.010 Commercial signs prohibited. It shall be the policy of the county that commercial signs shall not be permitted within the right-of-way of county roads. (Ord. 94-18 (part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.010).
12.50.020 Removal of commercial signs. Removal of commercial signs. The county road department is instructed to remove any signs prohibited by Section 12.40.010 which are found along the right-of-way of county roads. (Ord. 94-18 (part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.020).
Chapter 12.51 ROADSIDE FEATURES
(Renumbered to 12.11 by Ordinance 2004-13)
Chapter 12.52 MAILBOX LOCATIONS
(Repealed by Ordinance 94-32)
Chapter 12.56 FRANCHISES FOR USE OF ROADS AND OTHER COUNTY PROPERTIES
Sections 12.56.010 Applicability. 12.56.020 Rights of grantee. 12.56.030 Bond of grantee. 12.56.040 Approval of plans and specifications - Supervision. 12.56.050 Application for permit - Inspection and supervision expenses. 12.56.060 Commencement of work. 12.56.070 Quality of work - Safety precautions. 12.56.080 Restoration. 12.56.090 County held harmless. 12.56.100 Damage to grantee's installation. 12.56.110 Underground facilities. 12.56.120 Work by county. 12.56.130 Improvement of county roads. 12.56.140 Installation of county utilities. 12.56.150 Vacation of streets - City incorporation. 12.56.160 Condemnation. 12.56.170 Non-exclusivity - Work not to interfere - Prior utilities' preference. 12.56.180 Successors in interest. 12.56.190 Independent contractors. 12.56.200 Revocation of franchise. 12.56.210 Amendments to chapter. 12.56.220 Acceptance by grantee.
12.56.010 Applicability. The terms and conditions set out in this chapter are terms and conditions of any franchise to use the roads, streets, avenues, highways, alleys, rights-of-way or other county properties hereafter granted by the county to any individual or municipal or private corporation engaged in the public service or utility business, unless and except to the extent that such ordinance or resolution granting such franchise expressly provides terms or conditions contrary to those contained in this chapter. (Ord. 82-7 § 1, 1982).
12.56.020 Rights of grantee. The grantee shall have the right and authority, to the extent expressed in the resolution of the board of county commissioners granting such franchise, or in any supplemental document, to enter upon the streets, avenues, alleys, roads, highways, rights-of-way and public places designated by such franchise for the purpose of construction work, extension of existing systems, connection of such systems with consumers' pipelines, cables, lines or equipment, repairing of equipment and in all fashions maintaining and operating the improvements installed within such county property. (Ord. 2021-015, 2021;Ord. 82-7 § 5,1982).
12.56.030 Bond of grantee. Before undertaking any of the work or improvements authorized by the franchise, the grantee, if other than a municipal corporation, shall furnish to the county a bond, executed by grantee and a corporate surety authorized to do a surety business in the state, in a sum to be recommended by the director of public works and set and approved by the board of county commissioners as sufficient to insure performance of the grantee's obligations under such franchise, and conditioned that the grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of the grantee's obligations under said franchise, and to reset or replace any defective work performed or materials installed by or under the direction of the grantee, its/his employees or contractors, discovered in the replacement of the county's roads, rights-of-way or other county properties within a period of two years from the date of the replacement and acceptance of such repaired roads, rights-of-way or other county properties by the county. The bond requirement may be met by surety bonds of a continuing nature in effect as of August 1, 1982 or that may thereafter come into effect. (Ord. 82-7 § 20, 1982).
12.56.040 Approval of plans and specifications - Supervision. The grantee shall install the pipes, poles, lines, cables or other authorized improvements in the designated streets, avenues, alleys, roads, highways, rights-of-way or other public places pursuant to plans and specifications approved by the county director of public works and under supervision provided by the county at the expense of such grantee, whenever the grantee's inspection services are determined by the county to be inadequate. (Ord. 827 § 6, 1982).
12.56.050 Application for permit - Inspection and supervision expenses.
12.56.060 Commencement of work. The grantee, its/his successors or assigns, shall commence construction under such permit granted by the director of public works within the time period stated in such permit and shall have completed and have in operation such portion of the system of improvements as may be specified in such permit or the rights therein conferred upon the grantee shall cease and terminate insofar as unoccupied streets, roads, etc., are concerned. (Ord. 82-7 § 8, 1982).
12.56.070 Quality of work - Safety precautions. All work done under the franchise shall be done in a thorough and workmanlike manner. In the laying of underground pipelines and cables and the construction of other facilities and the opening of trenches, the tunneling under county roads, rights-of-way or other county properties, the grantee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same so that damage or injury shall not occur or arise by reason of such work; and where any of such trenches, ditches or tunnels are left open at night, the grantee shall place warning lights and barricades at such a position as to give adequate warning of such work. (Ord. 82-7 § 2, 1982).
12.56.080 Restoration.
12.56.090 County held harmless. The grantee, its/his successors or assigns, shall protect, indemnify and save harmless the county, its agents and employees, from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any construction, the presence of any material or equipment, the operation of or the occupation of the rights-of-way or other county properties by the grantee or for any claims on account of the existence of any excavation, temporary turnouts or the operation by the grantee of its/his lines over or under the streets, avenues, alleys, roads, highways, rights-of-way or other county properties as hereinafter designated, or for any other acts or omissions on the part of grantee, and in case that suit or action is brought against the county, its agents or employees, for damage arising out of or by reason of any of the above-mentioned causes, the grantee, its/his successors or assigns, will, upon notice to it or him of the commencement of said action, defend the same at its or his sole cost and expense and in case judgment shall be rendered against Kittitas County, its agents or employees, in such suit or action, will fully satisfy the judgment within ninety days after the suit or action has been finally determined, if determined adversely to the county, its agents or employees. Acceptance by the county of any work performed by the grantee at the time of completion shall not be a ground for avoidance of this hold harmless agreement. (Ord. 82-7 § 10, 1982).
12.56.100 Damage to grantee's installation. In consideration of the granting of such franchise by the grantor to the grantee, the grantee, for itself/himself and its/his assigns, shall contract and agree to save the county harmless from any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or other county property. This paragraph shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to grantee or third parties by grantor in the maintenance and/or construction work performed by grantor upon the roadways described herein and which would not have occurred but for the presence on the roadways of the grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or loss is caused by the sole negligence of the grantor. (Ord. 82-7 § 11, 1982).
12.56.110 Underground facilities. The grantee, as far as practicable, shall construct all new utility facilities underground. Extension of overhead facilities following streets, avenues, roadways, boulevards or thoroughfares shall be undertaken only with the approval of the director of public works; provided, however, that approval shall not be unreasonably withheld. Grantee recognizes the desirability of underground facilities rather than overhead facilities and shall convert existing overhead facilities to underground facilities as and when equipment replacement is undertaken, or when other existing overhead utilities are placed underground, unless such replacement is unsafe, impractical, or economically unreasonable. Line extension policies and procedures established by the grantee, and uniformly applied through its service area, shall be the standard in determining what is "practical, impractical or economically unreasonable" under this chapter; provided, that no new overhead utility facilities shall be constructed or established in any area set aside for public park, school, playground or athletic purposes. (Ord. 82-7 § 19, 1982).
12.56.120 Work by county. The laying, construction, maintenance and operation of the system of improvements granted under the franchise shall not preclude the county, its agents or its contractors from blasting, grading or doing other necessary road work in a reasonably careful and prudent manner contiguous to the grantee's improvement; provided, that the grantee shall be given a minimum two business days' prior notice, in writing, signed by the director of public works of the blasting or excavating in order that the grantee may protect it/his lines and property. (Ord. 82-7 § 12, 1982).
12.56.130 Improvement of county roads. If at any time the county deems it advisable to improve any of its streets, avenues, alleys, roads, highways, rights-of-way or other county properties as hereinbefore designated, by grading, re-grading, surfacing or paving same, or altering, changing, repairing or improving same, the grantee upon written notice by the county shall, at its/his own expense, as soon as reasonably practicable, so raise, lower or move its/his lines or improvements to conform to such new grades as may be established, or place the property in such locations or positions as shall cause the least interference with any such improvements or work thereon as contemplated by the county and the county shall in no wise be held liable for any damage to the grantee that may occur by reason of the county improvements, repairs or maintenance performed in a reasonably careful and prudent manner, or by the exercise of any rights so reserved in this section or grant. If the county shall improve such streets, avenues, alleys, roads, highways, rights-of-way or other county properties, the grantee shall on written notice by county officials, at its/his own expense, replace such pipes, lines or system as may be in or through the improved sub-grade of such improvement, with such materials as shall conform to or exceed the applicable standards of the industry for use in such streets, avenues, roads, highways, rights-of-way or other county properties. (Ord. 82-7 § 13, 1982).
12.56.140 Installation of county utilities. If at any time the county installs a line of pipes for sewage and/or drainage upon any of the streets, avenues, alleys, roads, highways, rights-of-way or other county properties herein described, wherein a grantee's facilities unreasonably interfere with the construction project, the grantee, upon written notice by the director of public works, shall temporarily remove or relocate its/his line of pipes or improvements at its/his own expense during the installation and replace same at its/his own sole cost and expense under the supervision of the county. (Ord. 82-7 § 14, 1982).
12.56.150 Vacation of streets - City incorporation.
12.56.160 Condemnation. The granting of any franchise shall not preclude the county from acquiring by purchase or condemnation any or all of the improvements installed by the grantee within the franchises. (Ord. 82-7 § 4, 1982).
12.56.170 Non-exclusivity - Work not to interfere - Prior utilities' preference.
12.56.180 Successors in interest.
12.56.190 Independent contractors. The obligations imposed upon the grantee by the express terms of the resolution granting such franchise, or implied by the terms of the ordinance codified in this chapter or any other ordinance affecting the same, include every employee, nominee or independent contractor of the grantee performing work in the county streets, avenues, alleys, roads, highways, rights-of-way or other county properties under contract, direction, request or authority of the grantee under this franchise, and the grantee, its/his agent, employee or independent contractor, severally, shall be responsible to the county for any injury or damage to county property or the expense incurred or suffered by the county in correcting defects in work replacing county roads or other improvements damaged by the acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 82-7 § 21, 1982).
12.56.200 Revocation of franchise. If the grantee, its/his successors or assigns, through willful or unreasonable neglect, fail to heed or comply with any notice given the grantee under the provisions of such grant, then the said grantee, its/his successors or assigns, shall forfeit all rights conferred thereunder and such franchise may be revoked or annulled by the board of county commissioners of the county upon thirty days' written notice thereof to the grantee. (Ord. 82-7 § 17, 1982).
12.56.210 Amendments to chapter.
12.56.220 Acceptance by grantee. If within thirty days of the granting of such franchise, the grantee shall have failed to sign its/his written acceptance of same, then the granted rights and privileges therein shall be deemed forfeited and declared null and void. (Ord. 82-7 § 23, 1982).
Chapter 12.60 BRIDGES
(Renumbered to 12.07 by Ordinance 2004.13)
Chapter 12.70 STORM WATER MANAGEMENT STANDARDS AND GUIDELINES
(Renumbered to 12.06 by Ordinance 2004.13)
Chapter 12.80 ISSUANCE OF PERMITS TO PERFORM WORK ON COUNTY ROAD RIGHTS-OF-WAY
Sections I. Provisions Generally 12.80.010 Ownership responsibility. 12.80.020 Acquiring permits. 12.80.030 Cost of restoration and repair. 12.80.040 Adoption. II. Accommodation of Utilities on County Road Right-of-Way 12.80.100 Purpose. 12.80.110 Application. 12.80.120 Definition of terms. 12.80.130 General conditions and requirements - Location. 12.80.140 General conditions and requirements - Design - General. 12.80.150 General conditions and requirements - Standards and codes. 12.80.160 General conditions and requirements - Adjustment and relocation of existing facilities. 12.80.170 Permits - General requirements. 12.80.180 Permits - Specific requirements. 12.80.190 Underground utilities - Location and alignment. 12.80.200 Underground utilities - Cover. 12.80.210 Underground utilities - Encasement. 12.80.220 Underground utilities - Uncased carriers. 12.80.230 Underground utilities - Appurtenances. 12.80.240 Underground utilities - Installation. 12.80.250 Underground utilities - One call system. 12.80.260 Overhead utilities - Power and communication lines. 12.80.270 Aesthetic/scenic considerations. 12.80.280 Installations on roadway bridges and structures. 12.80.290 Preservation, restoration and cleanup. 12.80.300 Traffic control and public safety. 12.80.310 Emergency repairs.
I. Provisions Generally
12.80.010 Ownership responsibility. The entity benefited by the construction, whether it be a private party, a public utility, a municipal entity or a service district, is solely responsible for the construction, maintenance, restoration, repair, installation and ownership of any of their facilities located within the county road rights-of-way. Agreements between any vendor of services and their vendees should reflect this understanding. (Ord. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.010).
12.80.020 Acquiring permits. The public utility, municipal entity or service district providing requested service is solely responsible for acquiring all the necessary permits and approvals prior to locating facilities within the county rights-of-way and compliance with all the terms and conditions stipulated in the permit. No permits to install facilities in county right-of-way will be issued to private individuals or legal persons or entities for services that are provided by public utilities, municipal entities or service districts. (Ord. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.020).
12.80.030 Cost of restoration and repair. The cost of restoration and repair will be the sole responsibility of the entity benefited by the construction whether it be a public utility, a municipal entity or a service district providing the service. (Ord. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.030).
12.80.040 Adoption. Chapter 136-40 WAC and any subsequent amendments thereto is hereby adopted and the provisions contained therein shall be applicable to all franchises and permits issued pursuant to Chapters 36.55, 80.32 and 80.36 RCW, to all public and private utilities including but not limited to electric power, telephone, telegraph, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar lines that are to be located, adjusted or relocated with the rights-of-way of county roads.
Nothing in this chapter shall be construed as limiting the rights of Kittitas County to impose restrictions or requirements in addition to and/or deviations from those stated in Chapter 136-40 WAC in a franchise or permit where Kittitas County deems it advisable to do so. (Ord. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.040).
II. Accommodation of Utilities on County Road Right-of-Way
12.80.100 Purpose. The purpose of this chapter is to establish a county policy to provide administrative and procedural guidance needed to accommodate the installation and relocation of all above and below ground utilities which are located within the county road right-of-way. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 1, 1992. Formerly 12.20.100).
12.80.110 Application. This policy shall apply to all new franchises and permits issued pursuant to RCW 80.32.010, RCW 80.36.040 and Chapter 36.55 RCW, to all public and private utilities, and to all installation and relocation of utilities within the county road right-of-way, including but not limited to electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables.
This policy cannot address all situations and conditions that may be encountered. Specific provisions contained herein may not be appropriate for all locations and existing conditions. The policy is intended to assist, but not substitute for, competent work by both road and utility design and installation professionals. This policy is not intended to limit any innovative or creative effort which could result in better quality, better cost savings or improved safety characteristics.
It shall be the responsibility of any utility installing or relocating any of its facilities to ascertain and abide by the requirements and conditions of this policy. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 2, 1992. Formerly 12.20.110).
12.80.120 Definition of terms. Unless otherwise stated, words and phrases used herein shall have the following meanings:
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 3, 1992. Formerly 12.20.120).
12.80.130 General conditions and requirements - Location.
12.80.140 General conditions and requirements - Design - General.
12.80.150 General conditions and requirements - Standards and codes. All utility installations shall be designed in accordance with the standards, codes and regulations applicable to the type of utility. The methods of installation and materials used shall conform to the codes and standards promulgated by government and by the industry. This shall also include any road design standards which the county shall deem necessary to provide adequate protection to the road, its safe operation, appearance and maintenance. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 4C, 1992. Formerly 12.20.150).
12.80.160 General conditions and requirements - Adjustment and relocation of existing facilities.
12.80.170 Permits - General requirements. For work not authorized by franchise, comprehensive plan, or other agreement, a written permit may be required for occupancy of road right-of-way by all utility facilities, including private lines. No facility shall be used for other than the purpose stated, unless written approval is granted by the county. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 5A, 1992. Formerly 12.20.170).
12.80.180 Permits - Specific requirements. When required, permit applications shall be submitted in a standard format as prescribed by the county. The permit application shall include the following information:
12.80.190 Underground utilities - Location and alignment.
12.80.200 Underground utilities - Cover. The grade of and resulting cover for an underground utility shall be in compliance with applicable federal, state and county requirements unless otherwise specified. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 6B, 1992. Formerly 12.20.200).
12.80.210 Underground utilities - Encasement.
12.80.220 Underground utilities - Uncased carriers.
12.80.230 Underground utilities - Appurtenances.
12.80.240 Underground utilities - Installation. Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise provided in the approved permit, be in accordance with the following controls:
12.80.250 Underground utilities - One call system. All owners of underground facilities shall comply with Title 19 RCW, Chapter 19.122 RCW, RCW 19.122.010 through 19.122.900 (Washington State One Call System or Dig Law). (Ord. 94-18 (part), 1994; Ord. 9230 Exh. A § 6G, 1992. Formerly 12.20.250).
12.80.260 Overhead utilities - Power and communication lines.
12.80.270 Aesthetic/scenic considerations.
12.80.280 Installations on roadway bridges and structures. Attachment of utility lines to a roadway structure (including bridges) may be allowed where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:
12.80.290 Preservation, restoration and cleanup.
12.80.300 Traffic control and public safety.
12.80.310 Emergency repairs.
