Chapter 11.16 UNOPENED RIGHTS-OF-WAY AND ROADS

Chapter 11.16
UNOPENED RIGHTS-OF-WAY AND ROADS

Sections:

11.16.005 Application.

11.16.010 Introduction.

11.16.015 Categories.

11.16.020 Definitions.

11.16.025 Application for permits.

11.16.030 Fees.

11.16.035 Appeal.

11.16.040 Validity.

11.16.050 Violations.

11.16.060 Public maintenance.

11.16.005 Application.

This Chapter applies to any dedicated roads or public ways lying within plats filed for record in Skagit County, and to any nonvacated County roads or rights-of-way lying outside of any recorded plat. (Ord. 15443 (part), 1994)

11.16.010 Introduction.

Unopened County rights-of-way, and/or privately utilized rights-of-way, and/or privately utilized rights-of-way with prior approval shall not be improved, altered, expanded upon, nor shall development approval necessitating such improvements or use be granted, unless a permit therefore has been issued pursuant to this Chapter. Rights-of-way use approvals issued prior to the effective date of this Chapter shall remain in effect if improvements were constructed in accordance with the terms thereof. If not so constructed and approved, such prior agreement shall become null and void effective ninety (90) days following passage of this Chapter. (Ord. 15443 (part), 1994)

11.16.015 Categories.

Categories: For the purpose of this Chapter, County road right-of-way is divided into the following categories to describe the condition of the road and road right-of-way.

Category “A”

County Standard Roadway/County Maintained:

Opened and established by Resolution of the Board of County Commissioners or accepted by the County through SCC Chapter 14.18 approval procedure; maintained by the County, public expenditures on record.

Category “B”

County Standard Roadway/Privately Maintained by Community Organization:

Dedicated or deeded, officially opened right-of-way serving greater than 4 lots, parcels, or tracts; not maintained by the County. No public expenditures on record.

Category “C”

Short Plat Standard, Driveway Standard:

Dedicated or deeded, officially opened right-of-way serving two to four lots; not maintained by the County. No public expenditures on record.

Category “D”

Dedicated or deeded, officially unopened right-of-way, no evidence of use.

Category “E”

Dedicated or deeded, officially unopened right-of-way, with evidence of use. (Ord. 15443 (part), 1994)

11.16.020 Definitions.

(1) County Engineer. “County Engineer” means the Skagit County Engineer or his assigned designee.

(2) Development Approval. “Development approval” means the granting of a building permit, County land use permit, or plat approval.

(3) Director. “Director” means the Director of Skagit County Public Works.

(4) “Right-of-way permit” means a permit issued pursuant to this Chapter, authorizing construction and permanent use of unopened or unmaintained County road right-of-way for access to more than four (4) lots, tracts, or parcels. Shall become established County road when completed.

(5) “Trail permit” means a permit issued pursuant to this Chapter, authorizing construction and permanent use of a privately maintained roadway serving not more than four (4) lots, tracts, or parcels within the unopened or unmaintained County road right-of-way issued by the County Engineer. May include driveway standard roadway for single residential or commercial use.

(6) “Temporary use permit” means a permit issued pursuant to this Chapter, authorizing construction within and temporary use of County road right-of-way for purposes other than residential access. Restoration and/or abandonment required upon termination of use. (Ord. 15443 (part), 1994)

11.16.025 Application for permits.

Any individual or corporation desiring to open and improve for travel and use (other than for utility purposes) any of those certain streets, public ways or rights-of-way designated herein, shall be required to first obtain a permit from the County Engineer. Permit type and required submittal information shall be as specified within one of the following categories:

(1) Right-of-Way Permit. This permit shall be required for opening public right-of-way when anticipated use or actual use exceeds serving more than four (4) lots, parcels, or tracts and/or when an existing, privately utilized and privately maintained County right-of-way is desired to be upgraded.

(a) Required Improvements. The permit shall specify minimum improvements required by the County Engineer in accordance with Skagit County Road Standards. Construction of such improvements shall be to the satisfaction of the County Engineer and shall be completed prior to permit follow-up approval. The permittee shall be responsible for proper notice to the County Engineer or his/her designee requesting the necessary inspection and final approval signature. Establishment of completed and accepted roadway shall be initiated by County staff upon road acceptance.

(b) Signs. The permittee shall pay for all signing required by the County and first time installation. After installation, signing will be maintained by the County.

(c) Approvals. Upon completion of the required improvements, the County Engineer or designee shall indicate approval on the permit and make the appropriate notice thereof to the Board of County Commissioners and official County right-of-way records.

(d) Application. The permit application shall include:

(i) A legal description of the lot(s) or parcel(s) to be served by the permit;

(ii) A statement regarding the purpose of access to subject parcel(s);

(iii) Proof of appropriate subdivision ordinance approval or, if exempt from platting, an assessors map showing the additional lots being served;

(iv) Filing fees paid; (See Section 11.16.030.)

(v) If road name is nonexistent, three choices for road names shall be submitted for approval at the time of submittal;

(vi) Engineered roadway and drainage plans for planned improvements per Skagit County Road and Drainage Standards; including a vicinity sketch.

(2) Trail Permit. This permit shall be required when opening public right-of-way for providing access to not more than four (4) lots, tracts, or parcels including driveway use. Utility access will be included under this permit category.

(a) Required Improvements. The permit shall specify improvements required by the County Engineer in accordance with the minimum Skagit County Short-Plat Road and Driveway Standards. Each subsequent trail permit issued for right-of-way improved under prior permits, shall require the permittee to further improve the subject roadway to Skagit County Road Standards as designated by the County Engineer. First issuances of trail permits shall be constructed to either of the following standards that apply:

(i) For two to four lots: short Subdivision Standard as per Skagit County Code 14.08;

(ii) For one lot: provide a minimum of six (6) inches of gravel base, across the center twelve (12) feet of the roadway, with a twelve percent (12%) maximum gradient.

Construction of such improvements, to the satisfaction of the County Engineer or his/her designee, shall be completed prior to permit follow-up approval. The permittee shall be responsible for proper notice to the County Engineer or his/her designee requesting the necessary inspection and follow-up approval signature.

(b) Signs. The permittee shall supply, maintain, and pay for all required signs identified by the County Engineer. The signs shall be posted where authorized.

(c) Approvals. Upon completion of the required improvements, the County Engineer or his/her designee shall indicate approval on the permit and make the appropriate notice thereof to the Board of County Commissioners and official County right-of-way records.

(d) Application. The permit application shall include:

(i) A legal description of the lot or parcel to be served by the permit;

(ii) A statement regarding the purpose of access to subject parcel(s);

(iii) A signed statement from all adjoining road users that responsibility for the maintenance of the road rests jointly and equally upon all users;

(iv) Proof of appropriate subdivision ordinance approval or, if exempt from platting, an assessors map showing the additional lots being served;

(v) All filing fees submitted, as per Section 11.16.030;

(vi) If road name is nonexistent, three choices for road name shall be submitted for approval;

(vii) Plans and supplements per subsection (4) of this section.

(3) Temporary Use Permit. This permit shall be required when temporary use of public right-of-way is desired. Temporary use shall include all uses not intended to last longer than two (2) years in duration.

(a) Required Improvements. The permit shall specify improvements required by the County Engineer in accordance with minimum Skagit County standards. Sight distance and drainage improvements may be included as part of permit conditions. Construction of such improvements, to the satisfaction of the County Engineer or designee, shall be completed prior to permit follow-up approval. The permittee shall be responsible for proper notice to the County Engineer or designee requesting the necessary inspection and follow-up approval signature.

(b) Signs. The permittee shall supply, maintain, and pay for all required signing to the satisfaction of the County Engineer.

(d) Restoration. Upon termination of the desired right-of-way use, the permittee shall be required to abandon the right-of-way as designated under permit conditions. A surety may be requested to insure proper abandonment.

(e) Application. The permit application shall include:

(i) A legal description of the lot or parcel to be served by the permit;

(ii) A statement regarding the purpose of access to subject parcel(s);

(iii) An assessors map showing all parcels to be accessed;

(iv) All filing fees submitted, as per Section 11.16.030;

(v) Drainage and/or sight distance improvement plans, when requested by County Engineer.

(4) Additional Requirements.

(a) Plans. Detailed engineering plans and a drainage study shall be required when considered necessary by the County Engineer or designee.

Cost for the development of such plans shall be borne by the permit applicant. When required, such plans and study shall be in accordance with the requirements set forth within SCC Chapters 14.08, 14.36 and 16.12.

(b) Survey. When considered necessary by the County Engineer to adequately defined the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a licensed land surveyor at the applicant’s expense. Such survey shall be recorded in accordance with the Survey Recording Act if requested by County Engineer.

(c) Deeds. A permit applicant shall be required to deed additional rights-of-way across property under his authority when necessary to fulfill the minimum road right-of-way width prescribed by R.C.W. 36.86.010.

(d) Illegal Subdivision. A permit shall not be issued to provide access to a lot or parcel created in violation of the existing platting and zoning ordinances.

(e) Notification to Adjacent Land Owners. A permit applicant shall provide certification that all owners of the property, abutting on each side of the right-of-way, have been contacted. Any objections of such property owners shall be stated along with the manner in which the applicant proposes to resolve said objections.

(f) Other Permits. It shall be the responsibility of the permit applicant to obtain all other required permits and approvals.

(g) Bonding. Performance and/or maintenance sureties may be required by the County Engineer per Skagit County Road Standard requirements.

(i) The performance bond shall be posted prior to issuance of permit with the County Engineer’s office.

(ii) The Engineering cost estimate is an estimate only, and any balance remaining after all charges have been made against the deposit will be remitted to the depositor. Should charges exceed the deposit, the permittee will be responsible for payment to the County.

(iii) The amount of the surety is the amount of the cost of the project plus twenty-five percent (25%).

(iv) Ninety percent (90%) of the surety may be released upon completion and approval of the work by the County Engineer. The remaining ten percent (10%) or $5,000, whichever is greater, shall be held for two (2) years or until the road is provisionally accepted for maintenance.

(v) If the applicant is not the owner, he/she will be responsible for informing the owner of all requirements of the permit. (Ord. 15443 (part), 1994)

11.16.030 Fees.

A fee shall be paid to the Public Works Department at the time of the application. Such fee is nonrefundable and must accompany each permit application. This fee will be established and reviewed by the Board of Skagit County Commissioners. (Ord. 15443 (part), 1994)

11.16.035 Appeal.

A permittee may appeal the action of the County Engineer in denying conditions or otherwise acting upon a permit, provided that a written request for reconsideration must first be filed with the Director within thirty (30) days of the action complained of. The request shall state what action is being questioned and the reason for the disagreement. Upon receipt of this request, the Director may choose to affirm, reverse, or modify the County Engineer’s prior action. Notice of the Director’s response shall be mailed to the permittee within ten (10) working days of the receipt of the request for reconsideration. The Director’s action may thereafter be appealed to the Board of County Commissioners by filing a written notice of appeal with the Clerk of the Board within fifteen (15) days of the date of response from the Director to the written request for reconsideration. The Clerk, upon receipt of an appeal, shall schedule a public meeting before the Board of Commissioners, at which time testimony will be taken from the permittee and from the Director. Based upon the data supplied at this meeting and such other information as the Board may request, the Board may either sustain, reverse, or modify the action of the Director. (Ord. 15443 (part), 1994)

11.16.040 Validity.

Should any section, subsection, paragraph, sentence, clause, or phrase of this Chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 15443 (part), 1994)

11.16.050 Violations.

Any violation of this Chapter is a misdemeanor and is punishable upon conviction by a fine of $500.00 and/or by confinement in the Skagit County Jail for a period not exceeding six (6) months. (Ord. 15443 (part), 1994)

11.16.060 Public maintenance.

If any applicant opening and improving a road at no expense to Skagit County meets all current County Road Standards and meets all current platting regulations at the time of improvement, the County Engineer shall so certify such to the Board of County Commissioners during an establishment hearing. The Board may then, by resolution, accept the road for maintenance at the cost of and by Skagit County. (Ord. 15443 (part), 1994)