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HomeMy WebLinkAbout2023-010 - Res. Amending County Code Chapter 12 Adopting Policy for Survey Monuments RESOLUTION NO. 2023 - 0\0 A RESOLUTION AMENDING MASON COUNTY CODE CHAPTER 12 ADOPTING A PUBLIC WORKS POLICY REGARDING THE PROTECTION AND PRESERVATION OF SURVEY MONUMENTS WHEREAS,the County Road Administration Board has adopted regulations pertaining to standards of good practice and county road department administration; and WHEREAS, WAC 136-50-050 requires that the county legislative authority develop and adopt by resolution or ordinance certain written policies, including a policy regarding preservation, maintenance, and restoration of survey monuments within the county right of way; and WHEREAS,the Public Works Survey Monuments Policy meets the requirements of WAC 136-50-050(5). THEREFORE, BE IT RESOLVED,the Board of County Commissioners of Mason County, State of Washington, does resolve as follows: Section 1. Adopts a new Chapter, 12.29, to Mason County Code regarding Public Works Protection and Preservation of Survey Monuments, as set forth in Attachment A, attached hereto and incorporated herein by reference. Section 2. Effective Date. This resolution shall take effect immediately upon adoption. ADOPTED this February day of__2B,__2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Sn$th, Clerk of the Board Rangfy Neatherlin, Vice Chair APPROVED AS TO FORM: - Kevin Shutty, Commissioner Tim ad, DPA ATTACHMENT A Mason County Public Works Survey Monument Preservation Policy Introduction Survey monuments are public domain and belong to all the citizens of Washington State. RCW 58.24.040(8), RCW 36.86.050, and 332-120 WAC require county road departments to manage and protect survey monuments located within the county road rights of way. No survey monument shall be removed, destroyed or have reasonable access impeded before a permit is obtained from the Washington State Department of Natural Resources. The County Engineer, as a licensed professional engineer in the State of Washington,can be held accountable for improper survey monument protection perpetrated by the county road department. Purpose The purpose of this policy is to ensure that Mason County Public Works understands its duty to protect and preserve survey monuments within the county road right of way when performing any type of work, but in particular, construction projects and pavement preservation projects where there is a risk that monuments could be disturbed or covered. Relevant Statute The DNR has rule making responsibility regarding survey monument protection within Washington State. RCW 58.24, RCW 58.09, 332-120 WAC. The Board of Registration for Professional Engineers and Land Surveyors has regulatory over individual professional engineers and land surveyors regarding monument protection...but lacks authority over public agencies. RCW 58.09, 332-120 WAC, 196- 27A-030(5) WAC, RCW 58.04.015. The County Road Administration Board has regulatory authority over Counties/county road departments regarding"provisions of law relating to county road administration and the standards of good practice". RCW's 36.78.070(3),090(1) (b), 100, RCW 36.86.050, RCW 58.09, 332-132 WAC, 136-50-050(5)WAC. Definitions "Contractor"shall mean any Licensed Land Surveyor, Engineer,or Licensed contractor working within the Mason County road Right of Way. "County"shall mean Mason County Public Works. "County Engineer"shall mean Mason County Road Engineer, having the authority specified in Section 2.52.030 of the Mason County Code and under RCW 36.75.050 and RCW 36.80,or their assigned designee. "County Road System"shall mean the roads maintained by the County. "DNR"shall mean Washington Department of Natural Resources "Project Engineer" shall mean a qualified professional engineer licensed to practice in the State of Washington. "Public Road" shall mean a publicly owned facility providing vehicular access, including the roadway and all other improvements located within the County right-of-way. "Right-of-Way" shall mean all property in which the county has any form of ownership, interest or title, and which is held for the purpose of public roads and associated features such as, median,sidewalks, bicycle facilities,and public utilities.This definition applies regardless of whether or not any road exists thereon or whether or not it is used, improved,or maintained for public travel. "Road"shall mean a facility providing public vehicular access including the roadway and all other improvements inside the right-of-way. "Road", "Street" and "Highway"will be considered interchangeable terms for the purpose of these Standards. "Roadway" shall mean the pavement width plus any shoulders for vehicular use. "Staff"shall mean any employee of Mason County Public Works. "Utility"shall mean a service such as gas, electric power,telephone,telegraph, storm water management,water,sewer, or cable television,whether or not such company is privately owned or owned by a governmental entity. Training of Staff—the importance of and the law regarding survey monuments and your policy The County shall provide all staff with sufficient training to understand the importance of the Monument Preservation Policy and the RCW's and WAC's governing the Preservation of Survey Monuments within the County right of way. This should include, but not be limited to Engineering Staff, Survey Staff, Maintenance and Operations Staff, and any Contractor permitted to work within the County right of way. Survey and Engineering Community Engagement Before a Contractor performs any work within the county right of way,which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys,the contractor shall have a Licensed Land Surveyor or Engineer, file an Application for Permit to Remove or Destroy a Survey Monument per WAC 332- 120 and follow the instructions provided in WAC 332-120-070. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. This shall include filing a completion report with DNR or a Record of Survey as required. The cost of monuments or other markers lost, destroyed,or disturbed, and the expense of replacement by approved monuments shall be borne by the Contractor. Any private Contractor that encounter issues with survey monuments within the county road right of way i.e. buried monuments in a paved surface, damaged case and cover, etc. shall report said issues to the County. The County realizes that we have a duty to address legacy issues from past road department practices once identified.Any legacy issues identified by a Contractor will be addressed in a timely manner. This can be accomplished by working with the reporting party and supplying the necessary tools to resolve the issue i.e. provide new case and cover or by County staff. Procedures for Maintenance and Construction Projects Prior to beginning any maintenance or construction project, a thorough search of the public records shall be performed and any existing survey monuments will be identified and located. A determination can then be made to file an Application for Permit to Remove or Destroy a Survey Monument per WAC 332-120, if necessary. Any monuments found shall be protected and a physically inspected after the project to ensure they were not disturbed. A completion report shall be prepared and filed with the DNR for any monuments that are required to be removed or destroyed and a Land Corner Record or Record of Survey shall be filed according to RCW 58.09. For any surface monuments that will be covered for a short period of time during any surface operations, please refer to Mason County's MOU filed with the DNR-PLSO office.