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HomeMy WebLinkAbout2021-038 - Res. Replacing Res. Titled Regulations Governing Construction of Approaches to County Roads RESOLUTION NUMBER 2021- A RESOLUTION REPLACING A RESOLUTION ADOPTED DECEMBER 24, 1973 TITLED "REGULATIONS GOVERNING THE CONSTRUCTION OF APPROACHES TO COUNTY ROADS" WHEREAS, RCW 36.75.130, provides that no person shall be permitted to build or have an approach to a County road without first obtaining permission from the Board of Commissioner and provides that the Board may adopt reasonable rules for the construction of approaches and provides that the construction of approaches shall be under the supervision of the County Engineer and that the cost for the approach shall be at the expense of the person benefitted; and WHEREAS, RCW 36.75.140, provides that it shall be the duty of the Board to perform all acts necessary and proper for the administration of the County roads; and, WHEREAS, a resolution adopted in 1973 codified as Mason County Code Chapter 12.08 set forth the rules and regulations for the location and construction of approaches to County roads in Mason County; and, WHEREAS, the County Engineer recommends amending Mason County Code, Chapter 12.08 "Highway Approaches", to reflect current state laws and county policies; and, WHEREAS, it appears to be in the public interest that the Board continue to delegate authority to the County Engineer and/or their designee to carry out the hereafter policy including rules, regulations and standards. NOW THEREFORE, BE IT ORDAINED, the amended regulation shall supersede all prior regulations and practices in Mason County and shall govern all approaches, including but not limited to driveways and private access roads, not approve by the County prior to the adopted date below. NOW THEREFORE, BE IT FURTHER ORDAINED, the Board of Mason County Commissioners replace the resolution adopted on December 24, 1973 (signed December 26, 1973) with the revised Mason County Code Chapter 12.08 as shown on the attached. ADOPTED this Uty of , 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON C UNTY,WASHINGTON McKenzie Srhhh, CI rk of the Board Randy eath in, hair 7 APPROVED AS TO FORM: Kevin Shutty, tommissioner ---Tim White Ch. Deputy Prosecuting Attorney Sharon Trdsk, Commissioner Chapter 12.08 - HIGHWAY APPROACHES* Sections: 12.08.010— Purpose 12.08.020— Regulations adopted -Scope —Conformance required 12.08.030—Access 12.08.040—Approach Construction Required 12.08.050— Permit Required, Application Review 12.08.060— Permit Fees 12.08.070— Inspections 12.08.080— Construction- Requirements 12.08.090— Construction - Improper 12.08.100— Responsibility for Cost 12.08.110— Maintenance 12.08.120— Expectations 12.08.010— Purpose. The purpose of this chapter is to provide reasonable rules for the construction of road approaches from abutting property to county roads pursuant to RCW 36.75.130 et seq. This chapter requires permits, provides for inspection of proposed and actual construction of said approaches, and provides penalties for violations of this chapter. 12.08.020 - Regulations adopted—Scope—Conformance required. The following rules and regulations for the location and construction of approaches to county roads in Mason County are adopted as of June 22, 2021. These amended regulations shall supersede all prior regulations and practices in Mason County and shall govern all approaches, including but not necessarily limited to driveways and private access roads. Any person wishing to construct or modify an approach onto any mason county roadway shall obtain a permit for such work within the right-of-way from the Public Works Department and shall comply with these regulations, county road standards and Chapter 36.75 RCW. The County Engineer or their designee shall be authorized to issue permits for road approaches to county roads; provided that the applicant complies with appropriate rules, regulations and conditional requirements of the issued permit. The county may limit the number, width, location and configuration of driveway(s) to provide access to any property, as may be necessary in the public interest for reasons of safety. 12.08.030—Access. Each property owner is entitled to reasonable access to the county road system. Access to a particular roadway and/or at a particular location may be restricted in certain circumstances including, but not limited to: 1. Locations where limited access rights have been obtained by the county. 2. When reasonable access can be established through other roadways or lanes, both public and private. 3. When topographic features may cause the access to be unsafe or undesirable to the county. 12.08.040 —Approach Construction Required. All property owners shall be required to construct a new road approach, to County standards, any time an access point is added to the County road system or in conjunction with any construction or change in use of the property that may increase the traffic volume or change the type of traffic entering or exiting the roadway. A building permit issued by the Mason County Building Department shall not pass a final inspection until the County Engineer or their designee has verified that permitted access exists or an approach permit has been issued for the intended use. In evaluating if a new road approach is required or if an existing approach must be brought up to current standards as a condition of issuing a permit required by the Mason County Building Department, the County Engineer or their designee,will use the following thresholds: • Construction of any dwelling or accessory dwelling • Construction of any commercial or industrial structure • Placement or replacement of a manufactured home • Ingress or egress to a county road for commercial or industrial purposes other than temporary approaches Any subdivision or modification of parcel boundaries that results in an approach serving more than a single parcel shall be required to construct one approach, unless circumstances warrant more than one (sight distance, topography, etc.) for the new parcels lacking an approach to county standards as a condition of approval and must be surveyed and recorded with the Mason County Auditor's Department. A road approach permit will need to be issued and pass final inspection as part of this process. For new joint use approaches that are not a result of a division of land,the first applicant for a road approach permit shall be required to constructthe approach toCounty standards. 12.08.050 - Permit Required, Application Review All property owners constructing a new road approach or making upgrades or modifications to an existing approach shall first file an approach permit application with the Public Works Department. The application forms are available from the department and online. Applications that are turned in incomplete will not be accepted and returned to applicant. When a completed application is received, the County Engineer or their designee, will review the application and approve, deny or request additional information. Public Works will make every effort to complete the application review and inspection process within 7-10 business days. The review of the application will include: • Ensuring the information on the application is accurate and appropriate to the subject property. • Ensuring the site sketch is accurate as to the location and type of approach requested by the applicant. • A site visit to determine any conditional requirements that may need to be added to the permit (the access shall be marked by the applicant). If approved, the applicant will then proceed with construction of their access if the required permit fees have been paid. If not approved, the County Engineer or their designee will notify the applicant. If during the course of the review it is determined that the approach is already permitted, and conforms to all permit requirements at the time of original issuance, and the permittee is not proposing any modifications to the approach, the reviewer will update the current County permitting program and notify applicant that no additional action is required in relation to the approach. Generally, no new approach permit will be issued. 12.08.060 - Permit fees. No new approach or alteration of an existing approach to any County road shall be constructed until the person benefitted by or desiring such approach has been issued a permit by the Public Works Department on a form which will be provided; except that the County may alter or improve any existing approach to a county road when such alteration or improvement is necessary to the proper maintenance of the county road. After approval of the permit for a new approach or modification to an existing approach the applicant shall pay a non-refundable permit fee of two hundred dollars ($200). The fee may be waived in the following circumstances: • The approach is existing and found to be in conformance with the standard and policies at the time of its original permitting and no modifications to the approach are proposed or required. • The approach connects directly to a private road which provide access to the County road system. If the permit expires or the work has not been completed after 360-days the applicant shall re- apply and pay the permit fee again. In addition to the permit fee, a bond (or cash deposit) may be required in an amount to be determined by the County Engineer or designee. 12.08.070 —Inspection. All construction within the county right of way is subject to inspection and approval by the County Engineer or their designee for the permit to be considered valid. All debris, including wind blow sand/dirt and debris shall be removed from the roadway, road shoulder and roadside ditch along the entire frontage of the property before final inspection will be approved. Inspection of the work may include, but is not limited to, the following: • Verification that the geometric layout is consistent with permit requirements • Verification and/or testing of compaction for base course and pavement within the County right of way • Verification of layer thickness for base course and pavement within the County right ofway • Verification that all conditional requirements have been satisfied The applicant shall request an inspection by online permit portal, calling or emailing the Public Works Department when their access is ready for inspection. If the work is not ready for inspection, the inspection will be failed and the applicant will be required to schedule a new inspection. If the applicant establishes a history of requesting inspections when the work to be inspected has not been completed, an additional hundred dollars ($100) fee may be added to the permit in order to compensate the County for costs incurred. Work completed without a required prerequisite inspection being approved will be automatically failed and Public Works will require the permittee to demonstrate that the previous work meets all permit requirements or all such work shall be removed by the owner at their own expense. Records for each road approach will be kept on file in the Public Works Department. Records will consist of all applications, whether approved or not, and all permits with supporting construction records. Records will be maintained in accordance with Mason County record retention policy and applicable state laws. 12.08.080 - Construction—Requirements. After approval of permit application and permit fee has been paid, the applicant will be issued the permit. The permittee shall install the access per their permit requirements and current minimum standard specifications. These minimum standard specifications may not be sufficient for all approach types. It is the sole responsibility of the permittee to provide a road approach design that is appropriate for the intended use. Public Works makes no certification that approaches constructed to minimum standards will be sufficient and, if due to special use of or conditions on an approach, the County Engineer and their designee may direct that additional design work be required. This may include, but not be limited to, certification of the adequacy of the approach by a licensed engineer. All approaches shall pass a final inspection by the County Engineer or their designee in order for the permit to be finalized. Final inspection shall include a review of the approach surface, size and location. All debris, including wind blow sand/dirt and debris shall be removed from the roadway, road shoulder and roadside ditch along the entire frontage of the property before final inspection will be approved. Any damage to the roadway, roadway shoulder or drainage ditch resulting from the permittee's activities shall be repaired at the permittee's sole cost and expense and paid prior to final approval of the road approach permit. In accordance with RCW 19.122.030, the property owner shall be responsible to obtain utility locates by using the statewide one-number locating service. 12.08.090 - Construction—Improper. All access points to the county road system shall have a permit and shall comply with all requirements of that permit. Approaches that were constructed under previous versions of this policy, but are considered to be non-conforming approaches under the current version, shall be considered unpermitted approaches when changing property use and will need to re-apply. Pursuant to RCW 36.75.130, any person failing to obtain the permission from the Public Works Department prior to constructing an approach is guilty of a misdemeanor and subject to prosecution. The Public Works Department will issue a warning to any property owner observed to be constructing or have constructed an unpermitted approach. The warning will give the property owner ten (10) business days in which to remove said approach or complete an approach permit application. If the property owner fails to comply with the conditions of the warning letter,the matter will be forwarded to the Mason County Sheriff Department for further action. Upon failure of the permittee to use, occupy, or maintain an approach the County Engineer or their designee will notify the permittee verbally (if possible) and by first class letter of the non-compliance. If, after thirty (30) days the non-compliance has not been corrected, the County Engineer or their designee may order any such work to be done to remove the approach. The County Engineer or their designee reserves the right to revoke or deny any and all approach permits when the approach creates a danger to the traveling public. In addition to all other enforcement actions authorized under the code, any person, firm, partnership, association,joint venture, corporation or other legal entity who fails to correct an approach will be required to compensate the county for the removal of the approach. Compensation shall include administration time as well as equipment and materials to remove or improve the approach. Reimbursement shall be made to the Public Works Department. 12.08.100 - Responsibility for Cost. Pursuant to RCW 36.75.130, all costs of construction and maintenance of approaches to any county road shall be at the expense of the person benefitted by or desiring such approach and all work shall be done in accordance with specific requirements stipulated by the County Engineer or their designee and permit issued by the Public Works Department. 12.08.110 - Maintenance. The maintenance of an approach off of a county-maintained road is the responsibility of the person, whose property is served by the approach, including culvert replacements. In the event a culvert needs emergency maintenance or replacement, to preserve a County road, or, if, because of a County road or maintenance project, a culvert needs to be relocated or removed, the County will be responsible for the cost. In the event a culvert needs replacement due to age or damage, it is the property owner's responsibility. If a culvert is causing damage to a County road, the County may opt to replace the culvert, and back charge the property owner associated costs. Clearing of snow from approaches is the responsibility of the property owner. 12.08.120 - Expectations. Nothing in these regulations shall be construed to prohibit the County from building approaches to replace existing approaches during reconstruction or maintenance of any county road, or providing necessary access to property adjacent to roads constructed on new alignment. The construction of approaches on new construction shall be as negotiated by the County and the property owner at the time right-of-way is secured for the improvement.