Chapter 12.03
PRIVATE ROAD REQUIREMENTS
Sections:
12.03.020 Approaches to county roads.
12.03.030 Road classifications.
12.03.040 Design and construction standards.
12.03.050 Approval and inspection.
12.03.070 Pre-existing private roads.
12.03.010 Definitions.
As used in this chapter, refer to Chapter 12.01, Section 12.01.010, for all definitions. (Ord. 1986-02 (part))
12.03.020 Approaches to county roads.
No private road shall be permitted to approach any county road without first obtaining permission from the county engineer. (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.030 Road classifications.
All private roads within Skamania County shall be classified, based on their primary functions, as follows:
Category III—Road serving four—ten homes
Category IV—Road serving eleven—twenty homes
Category V—Road serving over twenty-one homes
Category VI—Commercial development
Category VII—Recreational use with limited service (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.040 Design and construction standards.
All private roads shall be designed and constructed in accordance with the standards for the applicable road classifications as set forth in the Skamania County Private Road Guidelines and Development Assistance Manual, as adopted by county resolution.
In the event that the county engineer determines that these private road standards do not sufficiently protect the public because of topography or other circumstances not normally anticipated on a proposed development, the county engineer may add additional requirements for improvements as necessary to address such public service concerns. In the event the developer is aggrieved of this requirement and requests to appeal the county engineer’s decision, the developer shall bypass step A of Skamania County Code Section 12.03.090 and proceed to the next step in the variance procedures. (Ord. 2008-02 (part): Ord. 2000-07 (part); Ord. 1986-02 (part))
12.03.050 Approval and inspection.
The approval processes for Skamania County are as follows:
A. Categories I and II, driveway and joint driveway, shall comply with the approach to county road requirements only as defined in the approach permit. These are not required to meet other private road standards.
B. The approvals required for Categories III through VII private roads shall include an evaluation of the criteria used in design, along with the approach to county road requirements. Physical inspections will be performed by Skamania County according to the Skamania County Road Approach and Private Road Standards Development Assistance Manual to verify that Categories III through VII requirements have been met. (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.060 Maintenance.
The initial construction of access roads is considered by most to be the major cost in a roadway system. Experience indicates that annual maintenance will become the more important consideration. Top quality initial construction will reduce future maintenance and result in minimum costs for continued upkeep. First rate design and construction, however, will never totally eliminate the need for continued maintenance. Failure to establish a good schedule for required maintenance will also lead to unnecessary trouble and added costs. Private road design and construction should be coupled with a good prearranged maintenance agreement.
Maintenance tasks on private roads are the sole responsibility of the landowners. The county, or a political subdivision thereof, will assume no responsibility for private loss or damage that may result directly or indirectly from failure to properly maintain a private road.
Maintenance deficiencies on a private road may be reported to the Skamania County fire marshal by the emergency services or the public at large. The fire marshal will review the request to insure that adherence to the standards are being met. If not, there may be a maintenance compliance request issued to the owner(s) of the affected areas of the road listing the required maintenance that is impeding the emergency services access. This notice will include a timeline for completion. When the maintenance is completed, the property owner(s) shall respond to the requestor (Skamania County’s fire marshal) once the task has been completed. If the requested maintenance is not completed, the fire marshal will enforce the standards according to RCW 19.27.110, which references the International Fire Code Enforcement Procedures.
In the event any provision in this chapter is found invalid by a court of competent jurisdiction for any reason, that provision shall be stricken and the balance of this chapter shall remain in full force and effect. (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.070 Pre-existing private roads.
Except where a proposed change in use converts a private driveway or private road into a higher category road (i.e., a Category I or II road moves into a higher category based on properties being accessed), the provisions of this chapter will not apply to regulate pre-existing roads. (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.080 Traffic study.
The developer shall provide an analysis outlying the impacts to the public road system completed by a licensed traffic engineer on all Categories IV through VII roads, with recommendations being made to the county. The county engineer will review the traffic study to determine the completeness of the study. The county engineer shall make recommendations and determine if any additional requirements will be added to the analysis, prior to implementation. (Ord. 2008-02 (part): Ord. 1986-02 (part))
12.03.090 Variances.
The requirements as set out in this chapter shall apply uniformly to all future applications for private roads and road approach approvals.
A. Variances from these standards may be granted by the county engineer upon evidence that such variances are in the public interest and that requirements for safety, function, fire protection, appearance and maintainability based upon sound engineering judgments are fully met. A notice of proposed findings shall be submitted to the board of county commissioner’s as public record on the agenda, and public comment as to the variance shall be taken.
B. The public works department shall provide application forms for private road variance requests and prescribe the type of information to be provided in the application. The application shall include a statement signed by the property owner and developer listing the variance request, the specific reasons for the variance request and any proposed substitute standards being proposed. A completed application for a private road variance shall be filed with the public works department accompanied by a nonrefundable fee as set by resolution by the board of county commissioners. Once a completed application has been received, will start the appeal process.
C. Whenever any variance to the provisions of the private road code is sought, the public works department shall require the applicant to submit a site plan for the variance as part of the application. The site plan drawing shall be at a scale of not less one inch equals fifty feet, unless an alternate scale is approved by the county engineer, and shall include the following:
1. Boundaries, dimensions and square footage of the property proposed to be developed;
2. All proposed and existing buildings and setback lines;
3. All existing and proposed easements;
4. Locations of all utility structures and lines;
5. All means of vehicular and pedestrian ingress and egress to and from the site and the size (width of physical roadway and width of granted easement) and location of driveways, private roads, existing streets bordering or crossing the site; and
6. Road profile drawings designed, signed and stamped by a Washington State Licensed Professional Engineer or Professional Land Surveyor showing the existing profile of the ground prior to the private road construction, the profile of the private road with the variance being requested and the profile of the private road if the variance was not granted.
D. Appeal. Any person aggrieved by a decision of the county engineer to grant or deny a private road variance, may appeal the decision to the hearing examiner. (Ord. 2008-02 (part): Ord. 2000-07 (part); Ord. 1986-02 (part))
12.03.100 Performance bonds.
A surety shall be posted with the department of public works office for Categories III through VII roads if the developer requests to delay construction to allow the sale of property(ies) within the development before construction is complete. This surety will guarantee the completion of the road and/or drainage improvements that are required and shall conform to the following conditions:
A. The surety shall be of a form approved by the Skamania County prosecuting attorney.
B. The surety shall be equal to three hundred percent of the total road and drainage construction estimate by the county engineer and approved by the director of public works. Included in this estimate shall be twenty-five percent for contingencies and inflation.
C. The surety shall be for two years, at which time it may be extended for one additional year at the option of the director of public works. A new amount will be calculated at that time.
D. The surety shall be used by the director of public works to make the required improvements if the improvements are not made in the allotted time.
E. The surety shall include granted and notarized agreements for access for public officials, or their designee, to ensure the completion of the development utilizing the surety to fund the completion as designed.
F. One hundred percent of the surety may be released upon completion of the work by the applicant and approval of the completed work by the director of public works.
G. No building permits for any lots within the proposed development will be issued until the work covered by the surety has been completed and the final approved development drawings have been recorded.
H. A surety commensurate with the extent of work to be done shall be required and posted with Skamania County prior to the issuance of a permit. (Ord. 2008-02 (part): Ord. 2007-02 (part): Ord. 2000-07 (part); Ord. 1986-02 (part))