12.20A.100 Aesthetic scenic considerations.

A.    No new installations of overhead communications, power or other utility shall be permitted on rights-of-way through or adjacent to scenic strips, viewpoints, rest areas, recreation areas, public parks or historic sites except as provided in subsection B of this section.

B.    Overhead utility installations may be permitted in those areas listed in subsection A of this section only when the following conditions exist:

(1)    Other utility locations are not available, are not technically feasible, are unreasonably costly as determined by the county; or are less desirable from the standpoint of visual quality; and

(2)    The location, design and materials of the proposed installation will adequately protect the visual qualities of the area being traversed.

C.    All utility installations shall be designed and constructed to minimize any adverse effect on existing roadside vegetation and other natural or man-made amenities on county rights-of-way. The indiscriminate cutting of trees or disfiguring of any feature or scenic value shall not be permitted. The utility shall repair or replace in kind any tree or shrub removed or disfigured when such is not necessary for the utility installation or maintenance.

D.    If the utility intends to use chemical sprays to control or kill weeds and brush on county rights-of-way, the county must grant prior approval at least annually. The county may limit or restrict the types, amounts and timing of applications. All chemicals must be approved by both state and federal regulatory agencies and all applicators must be licensed with the state of Washington and abide by all state and federal regulations. The utility shall be responsible for any drift of the spray that contacts vegetation on private property.

E.    Refuse and debris resulting from the installation or periodic maintenance of the utility shall be removed from county rights-of-way and disposed of to the satisfaction of the county. (Sec. 1 of Ord. 1999-11-15)