Chapter 8.70 ROAD VACATION

“County engineer” means the county road engineer, county engineer, and engineer, and shall refer to the statutorily-required position of county engineer; and may include the county director of public works when the person in that position also meets the requirements of a licensed professional engineer and is duly appointed by the county legislative authority.

“County road” means a public right-of-way lying outside the limits of any incorporated city and which has been dedicated to, deeded to, established by usage, maintained or otherwise acquired or established by the county.

“Principal petitioner” means one of the owners of the frontage of the road (or portion of road) that is the subject of the proposed vacation designated within the petition to the county as the principal petitioner.

“Public utility” as used in this chapter shall include utilities owned, operated, or maintained by every gas company, electrical company, telephone company, telegraph company, and water company whether or not such company is privately owned or owned by a governmental entity.

“Public works department” means the Chelan County public works department and may also refer to the Chelan County engineer. (Res. 2008-10 (part), 1/29/08).

8.70.040 Petition for vacation—Resolution for vacation.

(a) Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must be signed by each petitioner, must designate a principal petitioner, must show the land owned by each petitioner, and must set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment.

(b) The board may initiate a vacation action by resolution entered upon its minutes and may declare its intention to vacate and abandon the same when:

(1) A county road or any part thereof is considered useless; and

(2) Requested to do so by the county engineer; or

(3) The county desires to initiate a property exchange for relocation of right-of-way; or

(4) The right-of-way lies within county property; or

(5) The right-of-way lies within other public lands. (Res. 2008-10 (part), 1/29/08).

8.70.050 Principal petitioner.

(a) The principal petitioner shall serve as a liaison between the owners of the frontage and the county’s public works department and shall be the sole person that public works will contact with respect to any specific application for a vacation.

(b) The principal petitioner shall be responsible to pay all fees and costs, including the “compensation requirement” outlined in Section 8.70.160 of this code, that are associated with this proposed vacation. Nothing shall prevent the principal petitioner from obtaining monies from other persons owning frontage on the road (or portion of road) to be vacated to satisfy the fees and costs that might be associated with a particular request for a vacation.

(c) The principal petitioner, and not the county, shall be solely responsible for collecting such funds from the other persons owning frontage on the road (or portion of road) to be vacated.

(d) The board of Chelan County commissioners shall require compensation by the principal petitioner(s) for all vacated rights-of-way in compliance with Section 8.70.160 of this code.

(e) All resolutions vacating any street, right-of-way or alley, or part thereof, shall provide that the same shall not become effective until the principal petitioners abutting upon the road, highway, street, avenue, right-of-way or alley, or part thereof so vacated, pay to the county the sum of the “base payment” and any applicable “additional payment” as those terms are defined and listed within this section. (Res. 2008-10 (part), 1/29/08).

8.70.060 Application fee—Expense of proceedings.

(a) Each petition for vacation of a county road shall be accompanied by a cash deposit of two thousand five hundred dollars.

(b) Upon completion of the hearing or earlier withdrawal of the petition, the board shall certify all costs and expenses incurred by the county in the proceedings, including appraisal costs, to the county treasurer and regardless of the final decision, the county shall recover all such costs and expenses to the county road fund. The treasurer shall reimburse the road fund for such costs and expenses from the cash deposit, and release the balance to the petitioner.

(c) If certified costs and expenses exceed the cash deposit, the vacation, if approved, shall not be finalized until such additional costs and expenses are paid. (Res. 2008-10 (part), 1/29/08).

8.70.070 Filing.

A petition for road vacation shall be submitted to the public works department along with the application fee. (Res. 2008-10 (part), 1/29/08).

8.70.080 Public works department—Duties.

(a) The public works department shall accept the road vacation petition and fee and promptly forward the petition to the board and the application fee to the county treasurer.

(b) Upon direction by the board, the county road engineer shall examine the county road or portion thereof proposed to be vacated and abandoned and report the engineer’s opinion as to whether the same is in use or has been in use, the condition of the road, whether it will be advisable to preserve it for the county road system in the future, whether the public will be benefitted by the vacation and abandonment, and all other such facts, matters, and things which will be of importance to the board.

(c) The public works department shall obtain appraisals of all county roads proposed to be vacated which are determined by the county road engineer to be in the classifications in Sections 8.70.130(1) or (2) of this code and for all county roads proposed for vacation under the provisions of Section 8.70.160(b) of this code.

(d) The county road engineer shall file a cost bill for costs and expenses related to the engineer’s report and expenses incurred in the proceeding.

(e) The public works department shall contact the county community development department, the Chelan County sheriff’s department, the local fire district, emergency medical providers, public utilities, and other applicable departments, agencies, and offices requesting review of the proposed vacation and return of any and all comments to the public works department. (Res. 2008-10 (part), 1/29/08).

8.70.090 Community development department duties.

(a) The community development department shall review the petition and prepare a written report that includes:

(1) A recommendation as to the consistency of the proposed road vacation with the county’s comprehensive plan and other applicable plans, policies, and resolutions;

(2) An analysis as to whether environmentally sensitive areas exist within the vicinity which might be affected by the proposed vacation; and

(3) Any other applicable facts or information.

(b) This report shall be submitted to the public works department for inclusion in the engineer’s report. The community development department may also submit to the public works department a bill for costs in conducting the review and developing the report. (Res. 2008-10 (part), 1/29/08).

8.70.100 Notice of hearing.

(a) After the board of county commissioners establishes the date for public hearing, the public works department shall publish notice of the public hearing in the county official newspaper at least once a week for two consecutive weeks preceding the date fixed for the hearing.

(b) The public works department shall post a copy of the notice of hearing at least twenty days preceding the date fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. (Res. 2008-10 (part), 1/29/08).

8.70.110 Board of county commissioners— Duties.

(a) On the filing of the petition and the application fee being submitted and the board being satisfied that the petition has been signed by petitioners residing in the vicinity of the county road or portion thereof, the board shall direct the county road engineer to report upon such vacation and abandonment.

(b) The board of county commissioners shall then fix a date for hearing on the petition for road vacations. On the day fixed for the hearing, the county legislative authority shall proceed to consider the report of the engineer, together with any evidence for or objection against such vacation and abandonment, including the criteria contained in Section 8.70.150 of this code. 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 county legislative authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing. (Res. 2008-10 (part), 1/29/08).

8.70.120 Special conditions for granting petitions.

As a special condition of granting approval of the road vacation petition, the board of county commissioners may:

(1) Retain an easement within the subject vacated area for the construction, repair, and maintenance of public utilities and services, pursuant to RCW 36.87.140 and Chapter 8.26 of the Chelan County Code.

(2) Retain an easement within the subject vacated area for trail or pathway purposes, in accordance with the open space and recreation component of the Chelan County comprehensive plan. (Res. 2008-10 (part), 1/29/08).

8.70.130 Classification.

The board of county commissioners herein classifies all roads in and under the jurisdiction of the county as follows:

(1) All county roads for which public expenditures made for acquisition, improvement, or maintenance and which are all those roads comprising the county road system; and

(2) All county roads which are legally county roads but are not formally on the county road system, regardless of expenditures made for acquisition, improvement or maintenance, and which were acquired in the following manners:

(A) By deed;

(B) By dedication; or

(3) All county roads which are classified under subsections (1) or (2) of this section, and for which the right-of-way was obtained by donation or by combination of donation and prescription, and for which the original donee(s) would be the benefitting party(ies) in the event of vacation. (Res. 2008-10 (part), 1/29/08).

8.70.140 Expenditures of record.

The type and amount of expenditures made and the nature of the county’s property interest in any road shall be determined by the official records of the public works department are incorporated by reference. (Res. 2008-10 (part), 1/29/08).

8.70.150 Review criteria.

Road vacation petitions shall be reviewed according to the following criteria:

(1) The proposed road vacation shall comply with the Chelan County comprehensive plan and any other applicable plans, policies and resolutions.

(2) Roads shall not be vacated or abandoned when land uses or development plans or patterns indicate the roads’ usefulness for area circulation. Prior to a vacation decision, an examination should be made of its probable effect on overall area circulation in the neighborhood. Single or multiple vacations should be considered only if vacation is a positive tool toward improving neighborhood circulation and access.

(3) The effectiveness of fire, medical, law enforcement, or other emergency services should not be impaired by the vacation or abandonment of county roads. Appropriate authorities should be consulted with respect to this policy.

(4) Roads should not be vacated or abandoned when such routes can effectively be used for utility corridors. Suitable utility easements may be retained as a means of satisfying this policy. Public and private utility companies should be consulted with respect to this policy. In compliance with RCW 36.87.140, the board may retain an easement within the subject vacated area for construction, repair, and maintenance of public utilities and services.

(5) Roads should not be vacated or abandoned when such routes can be effectively used for trails or pathways. Suitable trail easements may be retained as a means of satisfying this policy. The Chelan County open space/recreation plan should be used as a guide to determine trail needs.

(6) In compliance with RCW 36.87.130, no county road or part thereof shall be vacated if it abuts on a body of salt or fresh water, unless vacation is to enable any public authority to acquire vacated property for port purposes, boat moorage, or launching sites or for park, viewpoint, or educational or other public purposes, or unless the property is zoned for industrial purposes.

(7) Proposed vacation shall not landlock any parcel of property. (Res. 2008-10 (part), 1/29/08).

8.70.160 Compensation.

(a) Any person or persons petitioning for and benefiting from the vacation of a county road, or any portion thereof, shall compensate the county an amount equaling a percentage of the appraised value of the vacated county road in accordance with the following schedule:

(1) Section 8.70.130(1), 100 percent of the appraised value based on standard of development at the time of vacation.

(2) Section 8.70.130(2)(A), 100 percent based on appraised land value.

(3) Section 8.70.130(2)(B), 100 percent based on appraised land value if public expenditures are made for improvement or maintenance.

(4) Section 8.70.130(2)(B), no compensation required if no public expenditures are made for improvement or maintenance.

(5) Section 8.70.130(2)(C), 100 percent based on appraised land value if public expenditures are made for improvement or maintenance.

(6) Section 8.70.130(2)(C), no compensation required if no public expenditures are made for improvement or maintenance.

(7) Section 8.70.130(3), no compensation required.

(8) No compensation shall be required in the event that the value of the vacated portion of the roadway is exchanged for an equal or greater value of new right-of-way, said amount to be based on proper appraisals of both parcels.

(b) Alternate compensation may be provided in lieu of the monetary amounts defined above when the department of public works has stated in writing to the board of county commissioners that the proposed “in kind” or alternate compensation has value that equals or exceeds the dollar amount due and owing to the county for the proposed vacation. The board of county commissioners may choose to accept or reject this written recommendation of the department of public works. Alternate compensation shall include but not be limited to the exchange of property and/or improvements provided by the petitioner(s).

(c) Compensation shall be paid into the Chelan County road fund subsequent to the board of county commissioners’ approval of road vacations and prior to the signing of the vacation resolution. (Res. 2008-10 (part), 1/29/08).

8.70.170 When costs and compensation must be paid—Failure to pay costs or compensation.

Compensation and all other amounts and fees due and owing to the county must be paid within one year of approval of the petition by the board of county commissioners. If any sums owed to the county are not paid or conditions of approval are not met within one year of the board’s approval of the vacation petition as reflected in the approving resolution, then the board’s approval expires and the petition is dismissed without further action by the board, unless prior to the expiration date, the board of county commissioners approves an extension of time. (Res. 2008-10 (part), 1/29/08).

8.70.180 Severability.

If any provision of this chapter or its application to any person, property, or road is held invalid, the validity of the remainder of the chapter or the application of the provision to other persons’ property or roads shall not be affected. (Res. 2008-10 (part), 1/29/08).