Chapter 10.48
HIGHWAY ACCESS
Sections:
10.48.020 Designation of responsible official.
10.48.050 Connection categories.
10.48.070 Connection spacing and standards.
10.48.080 Application requirements and procedures.
10.48.090 Fees and surety bond.
10.48.100 Application submittal, review, conditions.
10.48.110 Construction requirements.
10.48.120 Nonconforming connection permits.
10.48.130 Changes in property site use.
10.48.140 Permit modification, revocation, closure of permitted connection.
10.48.150 Closure of unpermitted connections – Closure criteria, permit requirements.
10.48.160 Department construction projects.
10.48.180 Violation – Penalty.
10.48.010 Purpose.
This chapter is adopted to implement Chapter 47.50 RCW for the regulation and control of vehicular access and connection points of ingress to, and egress from, the state highway system within the incorporated areas of the city of East Wenatchee. This chapter describes the review process, and requirements for closure of unpermitted and nonconforming connections to the state highway system within the city limits. This chapter is intended to assist the city in the promotion of the public health, safety and welfare and to create harmony and regularity in regard to access to state highways. (Ord. 95-14 § 1, 1995)
10.48.020 Designation of responsible official.
The city street superintendent is the city official responsible for the enforcement and interpretation of this chapter. (Ord. 95-14 § 1, 1995)
10.48.030 Definitions.
For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise:
A. “Application” means an application form supplied by the city and completed by the applicant, a certified check or money order for the required application fee, and related property site, driveway, roadway, and traffic information.
B. “Average weekday vehicle trip ends (AWDVTE)” means the estimated total of all trips entering, plus all trips leaving, the applicant’s site, based on the final stage of the proposed development.
C. “Conforming connection” means a connection that meets current location, spacing, and design criteria.
D. “Connection” means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.
E. “Connection category” means a permit category of all state highway connections, in accordance with the type of property served and the estimated traffic generated by the applicant’s site, based on rates listed in EWMC 10.48.050 and developed by the Department.
F. “Connection permit” means a written authorization given by the city for specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use, and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant’s property. The actual form used for this authorization will be determined by the city.
G. “Controlled access facility” means a transportation facility (excluding limited access facilities as defined in Chapter 47.52 RCW) to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only, and in such manner as may be determined by the governmental entity.
H. “Department” means the Washington State Department of Transportation.
I. “Development approval” means an official action by a governmental land use planning authority authorizing the developer or land owner to begin construction of any permanent improvements on the property.
J. “Governmental entity,” for the purpose of this chapter, means a unit of local government or officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.
K. “Joint use connection” means a single connection point that serves as a connection to more than one property or development, including those in different ownership’s or in which access rights are provided in the legal descriptions.
L. “Limited access facility” means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view or air by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility.
M. “Median” means the portion of a divided highway or divided connection separating vehicular traffic traveling in opposite directions; not including speed change lanes, storage lanes for left turning or U-turning vehicles, or two-way left turn lanes.
N. “Median opening” means either a full opening in a continuous median for the specific purpose of allowing vehicles to make a left turn maneuver into or out of a property abutting the highway, to facilitate U-turns, or to allow for a vehicle to totally cross the road, or a directional opening allowing for left turn maneuvers into the property and U-turn maneuvers, but not allowing for left turns or cross movements out of the property.
O. “Nonconforming connection” means a connection not meeting the standards for spacing or design criteria that are established in EWMC 10.48.050.
P. “Permit” means written approval issued by the city, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control devices on or to the Department’s or city’s right-of-way.
Q. “Permitting authority” means the Department for areas in unincorporated areas or a city or town within incorporated areas which are authorized to regulate access to state highways pursuant to Chapter 47.24 RCW.
R. “Right-of-way (R/W)” means a general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the Department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right pursuant to RCW 47.04.040, or lands that have been dedicated for public transportation purposes.
S. “Shoulder” means the portion of the highway contiguous with the traveled lanes for the accommodation of vehicles stopped for emergency use, and for lateral support of base and surface courses, and for other uses as allowed by law.
T. “State highway system” means all roads, streets, and highways designated as state routes pursuant to Chapter 47.17 RCW.
U. “Temporary connection” means a permitted connection to a right-of-way for a specific property use, which is conditioned to be open for a specific purpose and traffic volume and for a specific period of time. The right-of-way is to be restored by the permittee to its original condition upon connection closure.
V. “City” is the city of East Wenatchee. (Ord. 95-14 § 1, 1995)
10.48.040 General provisions.
A. When Connection Permits Are Required. Every owner of property which abuts a state highway where limited access rights have not been acquired, has a right to reasonable access, but may not have the right to a particular means of access to the state highway system.
1. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access to the state highway can be provided by way of another public road which abuts the property.
2. All new connections, including alterations and improvements to existing connections to state highways, shall require a connection permit. Such permits, if issued, shall be issued only after issuance of development approval where such approval is required, unless other interagency coordination procedures are in effect.
3. The alteration or closure of any existing access connection caused by changes to the character, intensity of development, or use of the property served by the connection, or the construction of any new access connection, shall not be initiated prior to obtaining a connection permit from the city.
4. Use of a new connection at the location specified in the permit is not authorized until the permittee constructs or modifies the connection, in accordance with the permit requirements.
5. If a property owner or permittee holding a valid connection permit wishes to change the character, use or intensity of the property or development served by the connection, the city must be contacted to determine whether a new connection permit would be required.
B. Responsibility for Other Approvals. Connection permits authorize construction improvements to be built by the permittee on city or Department right-of-way. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required, including satisfaction of all environmental regulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity from the applicant’s property to the city or state highway right-of-way, if the applicant’s property does not abut the right-of-way.
C. Cost of Construction.
1. Permittee. The cost of construction or modification of a connection shall be the responsibility of the permittee, including the cost of modification of any connection required, as a result of changes in property site use.
2. City. Existing permitted connections impacted by the city’s work program and which, in the consideration of the city, necessitate modification, relocation, or replacement in order to meet current city connection location, quantity, spacing and design standards, shall be modified, relocated, or replaced in kind by the city at no cost to the permittee. The cost of enhancements or modifications to the altered, relocated or replaced connection desired by the permittee shall be the responsibility of the permittee.
D. City Responsibility. The city has the responsibility to issue permits and authority to approve, disapprove, and revoke such permits, and to close connections, with cause. (Ord. 95-14 § 1, 1995)
10.48.050 Connection categories.
All connections, public or private, shall be determined by the city to be in one of the following categories:
A. “Category I – minimum connection” provides connection to the state highway system for up to 10 single-family residences, a duplex, or a small multifamily complex of up to 10 dwelling units, which use a common connection. The category shall also apply to permanent connections to agricultural and forest lands, including field entrances; connections for the operation, maintenance, and repair of utilities; and connections serving other low volume traffic generators expected to have an average weekday vehicle trip ends (AWDVTE) of 100 or less.
B. “Category II – minor connection” provides connection to the state highway system for medium volume traffic generators expected to have an AWDVTE of 1,500 or less, but not included in Category I.
C. “Category III – major connection” provides connection to the state highway system for high volume traffic generators expected to have an AWDVTE exceeding 1,500.
D. “Category IV – temporary connection” provides a temporary, time-limited connection to the state highway system for a specific property, for a specific use with a specific traffic volume. Such uses include, but are not limited to, logging, forest land clearing, temporary agricultural uses, temporary construction, and temporary emergency access. The city, at its sole discretion, reserves the right to remove any temporary connection at the expense of the property owner after the expiration of the permit. Further, a temporary connection permit does not bind the city in any way to the future issuance of a permanent connection permit at the temporary connection location.
E. “Nonconforming connection” designation may be issued for Category I through IV permits after an analysis and determination by the city that a conforming connection cannot be made, and a finding that the denial of a connection would leave the property without a reasonable means of access to the public road system. In such instances, the permit shall be noted as nonconforming and contain specific restrictions and provisions, including limits on the maximum vehicular use of the connection, the future availability of alternate means of access for which a conforming connection permit could be obtained, the removal of the nonconforming connection at the time the conforming access is available, and other conditions as necessary to carry out the provisions of Chapter 47.50 RCW. (Ord. 95-14 § 1, 1995)
10.48.060 Conceptual review.
The purpose of the conceptual review is to expedite the overall review process by establishing the permit category, number, type, and general location of connections to the property early in the planning stages of a proposed development or a proposed significant change in property site use, or to determine that the connection, as requested, cannot be permitted.
A. Prior to filing a connection permit application and prior to receipt of development approval, all permit applicants are strongly encouraged to request, in writing, a conceptual review of the site plan and proposed connection locations with the city.
B. Those applicants applying for Category II and Category III connections are required to go through the conceptual review process as described herein.
C. The conceptual review does not constitute final city approval of the location and design of the connection.
D. The city shall establish the date for a conceptual review meeting if it is determined to be necessary. The meeting is to be held within two weeks of the receipt of the written request, unless a later date is requested by the applicant. If a meeting is scheduled, representatives of all local and state governmental land use and transportation planning authorities will be invited to attend.
E. Within four weeks following the conceptual review meeting, or receipt of the request if no meeting is scheduled, the city will provide the applicant written notice of the conceptual review findings, provided all needed information to complete the review has been received from the applicant. These findings are nonbinding on the city and the developer.
F. Additional detailed information received during the application process, changes in the proposed development, or changes in the existing or planned operational characteristics of the state highway system may necessitate modifications of the connections agreed to in the conceptual approval. The conceptual review findings can be used by the developer in the site plan review/approval process. These findings can indicate coordination of connection location, vehicle quantity, and design with the city and can serve as the preliminary city findings on the proposed connections. (Ord. 95-14 § 1, 1995)
10.48.070 Connection spacing and standards.
All new connections shall conform to the classification of that section of highway, as determined by the Department, and as a minimum shall meet spacing and standards requirements as set forth in Chapter 468-52 WAC as the same now exists or as may be hereafter amended and which is adopted herein by this reference. The city shall review and interpret the classification and spacing requirements for each application after consultation with the Department. (Ord. 95-14 § 1, 1995)
10.48.080 Application requirements and procedures.
A. The appropriate application form is available from the city street supervisor’s office. The application shall consist of the form provided by the city, application fee, plans, traffic data, and connection information specified in this section. All connection and roadway design documents for Category II and III permits shall bear the seal and signature of a professional engineer, registered in accordance with Chapter 18.43 RCW.
B. The following information is required of all applicants for all permit categories, unless the city determines that specific information will not be required on individual applications. Additional information required of Category II, III, and IV permit applications is specified in this chapter. The city reserves the right to request clarification or additional information during the application review process. Failure to provide the requested information within the time limits specified in EWMC 10.48.100 shall result in withdrawal of the permit application.
1. Identification and Signature of Property Owner and Applicant. The complete names, mailing addresses, and telephone numbers of the property owner(s), developer(s), applicant, and the transportation and legal consultants representing the applicant (if any) shall be provided as part of the application. If the property owner desires to have a representative sign the application, a notarized letter of authorization from the applicant is to be provided with the application.
2. When the owner or applicant is a company, corporation, or other public agency, the name, address and telephone number of the responsible officer or officers shall be furnished. The names and titles of all individuals signing the application shall be typed or printed directly below the signature.
3. Property Uses and Traffic Information. The ultimate planned property uses shall be indicated in sufficient detail to determine the appropriate permit classification. Estimated average weekday vehicle trip ends to be generated by the development, based on the planned property use, consistent with the latest trip generation information published by the Institute of Transportation Engineers, Washington, D.C., shall be included as appropriate. If local or special trip generation rates are used, the latest and best information shall be used and all documentation for the rate development shall be submitted with the application. For residential developments with 10 or fewer units, 10 trips per day per unit may be assumed. The requirement for an average weekday vehicle trip ends estimate may be waived for agricultural uses where no on-site retail marketing is proposed.
4. Site Plan. The application shall include a plan to scale, or a schematic drawing showing critical dimensions (allowable in Category I permits only), the location of the property, and existing conditions, character and extent of work proposed. The location of existing and proposed on-site development, with respect to the existing and proposed driveway location(s) and the highway, shall be shown. Minimum information on the plan shall include:
a. Road Information.
i. State route number.
ii. County or local road name.
iii. Highway pavement type.
iv. Cross section.
v. Posted speed limit.
vi. The existence and location of any existing and/or proposed public or private road abutting or entering the property; the horizontal and vertical curvature of the road(s), noting the location of existing and proposed connections and any other pertinent information.
b. Property Information.
i. Location of all existing and proposed buildings, and other structures, such as gasoline pumps, lights, trees, etc. with respect to the existing and proposed property and right-of-way lines.
ii. Any adjacent properties that will be accessed by means of the proposed connection(s).
iii. The application shall include a boundary survey. The requirement for a boundary survey may be waived for Category I connections, at the discretion of the city.
iv. Any existing or proposed parcels segregated from the applicant’s property, for separate development, shall be clearly designated on the plan.
c. Connection Location Information.
i. The proposed connection milepost and highway engineer’s station, if available.
ii. Location of the highway centerline with respect to existing and proposed property lines.
iii. Distance of proposed public or private access connection to intersecting roads, streets and railroads.
iv. Existing or proposed median openings (crossovers) and connections on all sides of the state highway, and other roads located within 660 feet of the proposed connection.
v. Location of existing or proposed public or private retaining walls, fences, poles, sidewalks, bike paths, drainage structures, easements, traffic control devices, fire hydrants, utilities, or other physical features, such as trees, landscaping, green belts, and wetlands, that could affect driveway location.
vi. It shall be the responsibility of the applicant to physically identify in the field, the location of the proposed connection.
d. Connection Design Information.
i. Proposed connection and approach improvements including its profile approaching the state highway, width, radii, angle to the highway, auxiliary pavement.
ii. Existing and proposed grading (or contouring that affects the natural drainage pattern or runoff impacting the state highway and the proposed connection).
iii. Drainage calculations and other pertinent data.
iv. Driveway, auxiliary lanes and cross sections of the pavement design, including subgrade, base, surface materials, and thickness.
v. Specific requirements for design information on individual Category I permit applications may be relaxed, or waived, at the discretion of the city.
e. Joint Driveway Use.
i. If the driveway is to serve more than one property, the plan shall detail information for all properties using the connection and the application shall include copies of legally enforceable agreements of concurrence, which shall be approved by the city attorney, for all property owners on joint driveway usage.
ii. Joint driveway use serving adjoining properties is encouraged on all highways.
C. Additional Information Required – Category II and Category III Permits. The following is a list of additional information that may be required for each phase of the development from the applicant. Prior to the submittal of the application, the applicant shall coordinate with the appropriate designated department of the city on the level of detail and the analysis techniques to be used.
1. Circulation Plans. Plans that include all parking, interior drives, and internal traffic circulation information.
2. Connection Users. All internal and external adjacent parcels which will use the requested connection. All existing and proposed connecting roadways, and potential means of alternate access through the final buildout stage of development, shall be shown on the plans submitted with the application.
3. Traffic Control Devices and Illumination. Proposed traffic control devices and lighting locations.
4. Sight Distance. Analysis of horizontal and vertical sight distance on the state highway, with respect to the proposed connection.
5. Traffic Data and Analysis. Traffic data submitted by the applicant shall be signed and sealed by a qualified professional engineer, registered in accordance with Chapter 18.43 RCW. The following traffic study information may be required:
a. Turning Movements. Vehicle turning movements for present and future traffic conditions.
b. Volume and Type. Amount and type of traffic that will be generated by the proposed development, including a breakdown of anticipated peak hour traffic, and an analysis of the impact on the level of service on the state highway.
c. Parking and Circulation. Analysis of off-street parking and traffic circulation, including distances to secondary access points on the connection roadway, and their impact on the operation of the state highway.
d. Traffic Signal Data. If a traffic signal is requested, the following studies may be required: traffic signal warrants; phasing and timing analysis; signal progression analysis; signalization, signing, and lighting plans in conformance with Department standards. A separate Department traffic signal permit is required.
e. Off-Site Improvements. A traffic analysis to determine the need for off-site related roadway and geometric improvements and mitigation requirements.
f. Traffic Control Plan. A traffic control plan conforming to current standards as set forth in the “Manual on Uniform Traffic Control Devices”, current edition or as amended, which is hereby adopted by this reference as if fully set forth herein. The plan must document how the permittee will provide for safe and efficient movement on the state highway system, during the construction of the connection.
D. Additional Information Required – Category IV Permits. Permit applications must contain the specific dates that the connection is to be open, and must contain assurances acceptable to the city and Department, that the shoulder, curbing, sidewalks, bikeways, ditch, right-of-way, and any other amenities will be restored to their original condition, at the permittee’s expense, upon closure of the temporary connection. (Ord. 95-14 § 1, 1995)
10.48.090 Fees and surety bond.
A. Developer Agreement. Due to the potential complexity of Category II and Category III connection proposals, and required mitigation measures that may involve construction on the state highway, the city or Department may require a developer agreement in addition to the connection permit. The developer agreement may include, but is not limited to: plans, specifications, maintenance requirements; bonding requirements; inspection requirements; division of costs by the parties, where applicable and provisions for payment by the applicant of actual costs incurred by the city in the review and administration of the applicant proposal that exceed the required base fee established in this section.
B. Fees and Surety Bond. The base fee to accompany the application for all categories of connections is $25.00. Prior to the beginning of construction of any Category II or Category III connection, the city may require the permittee to provide a surety bond in a form approved by the city council and satisfactory to the city attorney. (Ord. 95-14 § 1, 1995)
10.48.100 Application submittal, review, conditions.
A. Application Submittal. The application shall be submitted to the city street department office. The application shall be properly prepared, clearly completed and signed. Information on the specific number of copies to be provided and other submittal information is available from the city street department office.
B. Application Review, Processing, and Approval. Upon receipt of the application, it shall be reviewed, consistent with the provisions of this chapter. If the city identifies errors in the application, or if additional information is required, the city win notify the applicant. Applicants must provide such information, or correct errors, within 30 days of the notification.
If the applicant determines that the time to provide additional or corrected information is insufficient, the applicant shall contact the city, in writing, to request additional time be approved.
If the additional or corrected information has not been received by the city within 30 days, or within the approved time period agreed to, the application will be deemed immediately void and a new application must be submitted.
1. Review. Upon timely receipt of all required information, or upon expiration of the time period for receipt of additional or corrected information, the location and design of the connection shall be examined for consistency with current street department location, quantity, spacing, classifications, and design standards. The review shall also include an analysis of the impact of the site’s existing and projected traffic on the operation and safety of the state highway.
2. Concurrence or Denial – Notice. If the city concurs with the location and design of the proposed connection, written notification of that concurrence will be sent to the applicant. If the applicant has gone through the voluntary conceptual review process, the written notice of concurrence will indicate whether or not there have been any changes in the number, location, or design of the connection required by the city. No construction may commence on the city’s, or the Department’s right-of-way until all necessary city and governmental permits are issued. If the city does not concur in the connection location, quantity, or design, the applicant shall be notified, in writing, indicating the city’s intent to deny the connection as proposed in the application. The written notification shall state the specific reasons for the intent to deny the connection, the process for submitting an amended application, and the appeal rights of the applicant. The applicant may submit a revised application within 30 days, based on city comments and concerns as stated in the notification. The submittal of a revised application within 30 days shall not require the payment of any additional application fees. Submittal of a revised permit is not a prerequisite for a request for an appeal pursuant to this chapter.
3. Permit Issuance. The city shall issue the connection permit after review and concurrence that the application, and the location and design of the connection, comply with the requirements of this chapter, and after the applicant has received development approval, or other interagency coordination procedures in effect are satisfied for development approval.
4. Appeal. In the event of a denial of a connection, as proposed in the application, the applicant may apply for an appeal pursuant to this chapter.
C. Permit Conditions. Any special requirements or provisions for the connection including off-site mitigation, shall be clearly and specifically identified as part of the permit. Failure by the applicant, or permittee, to abide by the permit provisions shall be sufficient cause for the city to initiate action to alter the connection, or to revoke the permit and close the connection, at the expense of the permittee. The permit requirements shall be binding on the permittee, the permittee’s successors, heirs and assigns, the permit application signatories, and all future owners and occupants of the property. The applicant may challenge the permit conditions by applying for an appeal pursuant to this chapter. (Ord. 95-14 § 1, 1995)
10.48.110 Construction requirements.
A. Preconstruction Conference. The city may require a preconstruction conference prior to any work being performed on the city’s, or the Department’s, right-of-way. When required by provisions in the permit, the city will schedule a preconstruction conference. The preconstruction conference should be attended by the necessary personnel to assure compliance with the terms and provisions of the permit.
B. Time Limit. Substantial construction of the connection shall begin within 90 days of the effective date of the permit, unless a longer time is approved by the city, or a time extension is requested by the applicant, and approved by the city. Construction shall be completed within 120 days of the date of issuance of the permit, unless a time extension is approved by the city.
As a condition of the permit, the city may further limit construction time, if the city determines that such limitation is warranted. Failure to comply with the time limits specified in the permit shall result in an automatic expiration of the permit, following written notification to the permittee. For any permit which expires for failure to begin construction, or to complete construction within the specified time limits, the city may require a new application fee prior to the initiation of any construction.
C. Posting of Permit. The approved connection permit shall be displayed in a prominent location, protected from the weather, within the vicinity of the connection construction.
D. Disruption of Traffic. All construction and/or maintenance within the city’s, or the Department’s, right-of-way, shall conform to the provisions of the connection permit, the “Manual on Uniform Traffic Control Devices” (MUTCD); the Department’s current “Design Manual,” the current “Standard Specifications for Road, Bridge, and Municipal Construction” and city construction standards. The city, or Department, may require or restrict hours of construction, to minimize disruption of traffic on the state highway system. If construction activity within the city’s, or the Department’s, right-of-way causes undue disruption of traffic or creates safety hazards on a state highway, or if the construction activity is not in compliance with the traffic control specifications in the permit, the city shall advise the permittee, or the permittee’s contractor of the need for immediate corrective action, and may order immediate suspension of all or part of the work, if deemed necessary. Failure to comply with this provision may result in permit modification or revocation.
E. Traffic Signals and Other Traffic Control Devices. Traffic signals and other traffic control devices installed by permittee shall conform to MUTCD, and city and Department design and construction standards. The permittee is responsible for securing any state and local permits needed for traffic signalization, and regulatory signing and marking.
F. Connection Construction Inspection. For Category II and Category III connections, the city may require the permittee, the developer, or landowner to provide inspection of construction by a professional engineer, registered in accordance with Chapter 18.43 RCW, and certification that connection construction is in accordance with permit provisions and appropriate Department standards. The city may, but is not required to, do the inspection at the applicant’s expense, as provided in the developer agreement. (Ord. 95-14 § 1, 1995)
10.48.120 Nonconforming connection permits.
The city may issue a permit for a connection not meeting the Department and city location and spacing criteria standards, if it finds that a conforming connection is not attainable at the time of the permit application submittal, and that denial would leave the property without a reasonable means of connection to the public road system. The city will consult with the Department before issuing any nonconforming connection permit. The city may issue a connection permit requiring a legally enforceable joint-use connection, when determined to be in the best interest of the city, or state, for restoring or maintaining the operational efficiency and safety of the state highway. Nonconforming connection permits shall specify conditions or limits including:
A. Traffic Volume. The maximum vehicular usage of the connection shall be specified in the permit.
B. Future Alternate Access. The permit shall specify that a conforming connection be constructed, when future alternate means of access become available, and that the nonconforming connection be removed.
C. Users. The permit shall specify the properties to be served by the connection; and any other conditions, as necessary, to carry out the provisions of Chapter 47.50 RCW. (Ord. 95-14 § 1, 1995)
10.48.130 Changes in property site use.
The connection permit is issued to the permittee for a particular type of land use, generating specific projected traffic volumes at the final stage of proposed development. Any changes made in the use, intensity of development, type of traffic, or traffic flow of the property requires the permittee, their assignee, or property owner to contact the city to determine if further analysis is needed to determine if the change is significant and would require a new permit and/or modifications to the connection. An engineering study, signed and sealed by a professional engineer, registered in accordance with Chapter 18.43 RCW, may be required to document the extent of the change. If modification of the existing connection is required, based on a significant change as determined by the city, the permittee shall acquire a new permit, prior to the initiation of any on-site construction to the connection or to the property.
A. Significant Change. A significant change is one that would cause a change in the category of the connection permit, or one that causes an operational, safety, or maintenance problem on the state highway system.
B. Notification. Failure to contact the city to determine the need for connection modifications or to apply for a new permit for such modifications, prior to initiation of property improvements, land use changes or traffic flow alteration actions, shall result in notification to the property owner of intent to revoke the existing permit, and closure of the connection to the property.
C. Costs. The permittee is responsible for all costs associated with connection removal, relocation or modification, caused by increased or altered traffic flows, necessitated by changes to facilities, use, or to the nature of the use on the property. (Ord. 95-14 § 1, 1995)
10.48.140 Permit modification, revocation, closure of permitted connection.
A. Revocation Criteria. All connection permits issued by the city, prior to the effective date of the ordinance codified in this chapter, remain valid until revoked.
The city may initiate action to revoke any permit if significant changes have occurred in the use, design, or traffic flow of the property, requiring the relocation, alteration or closure of the connection; if the connection was not constructed at the location, or to the design specified in the permit; or if the permit provisions were not met; or if the connection causes a safety or operational problem on the state highway system. The process to be followed by the city in the revocation of permits, shall be consistent with the requirements of this chapter.
B. Notification, Correction of Deficiencies. The city shall serve notice to the permittee, permittee’s successors or assigns, or property owner, with a copy to the occupant, for any connection found to be in noncompliance with the conditions of the permit or this chapter. The notice will identify and request that the deficiencies be corrected within 30 days of service of the notice. The notice shall further advise that the city’s determination of noncompliance or deficiencies, shall become final and conclusive 30 calendar days following service of the notice unless the violations are corrected, or an appeal pursuant to EWMC 10.48.170 is requested by the permittee, permittee’s successor or assigns, or the property owner.
C. Costs. The permittee, assignee, successor, or property owner shall be responsible for the costs of closure, due to revocation of a connection permit, pursuant to this chapter.
D. Emergency Action. This chapter shall not restrict the city’s right to take immediate remedial action, including the closure of a connection, if there is an immediate and serious danger to public health, safety, and welfare, pursuant to Chapter 47.32 RCW. In such event, the city shall conform to the provisions for emergency adjudicative proceedings in RCW 34.05.479 which is hereby adopted by this reference as if fully set forth as it now exists of may hereafter be amended. (Ord. 95-14 § 1, 1995)
10.48.150 Closure of unpermitted connections – Closure criteria, permit requirements.
Any unpermitted connections to the state highway system which were in existence on the effective date of the ordinance codified in this chapter shall not require the issuance of a permit, and may continue to provide connection to the state highway system, unless the property owner had received written notification from the city initiating connection closure prior to the effective date of the ordinance, or unless the city determines that the unpermitted connection does not meet minimum acceptable standards of highway safety. The city may require that a permit be obtained if a significant change occurs in the use, design, or traffic flow of the connection, or of the state highway to which it provides access. If a permit is not obtained, the city may initiate action to close the unpermitted connection point, pursuant to RCW 47.50.040. Any unpermitted connection opened subsequent to the effective date of the ordinance, is subject to closure by the city. The process to be followed, by the city, in the closure of an unpermitted connection, shall as follows:
A. Notification. The city shall serve written notice, by personal service or regular U.S. mail upon the property owner of a connection to a state highway which is found by the city to be unpermitted. This notice shall clearly describe the highway connection violation and shall establish a 30-day time limit for either applying for a connection permit or requesting an appeal, pursuant to EWMC 10.48.170. The sole issue to be determined at the appeal is whether a permit should be required. The notice will further advise the property owner that failure to act in either of the prescribed ways, within the time period, will result in city closure of the unpermitted connection.
B. Permit Application. If a permit application is filed within the 30 days, and the application is denied, the city shall notify the property owner of the denial. The property owner may revise the permit application, or appeal the decision pursuant to this chapter, within 30 days. Failure to act in either of those prescribed ways within the time period set forth in the rules will result in city closure of the unpermitted connection. If the location and design of the connection, in the permit application, are acceptable to the city, the existing connection may continue to be used for a specified period of time, determined by the city, or until the connection specified in the permit application is constructed.
C. Approval Conditions. Modifications, relocation, or closure of unpermitted connections may be required by the city, as a requirement of permit approval, subject to the appeal process set forth in this chapter. (Ord. 95-14 § 1, 1995)
10.48.160 Department construction projects.
During construction of Department projects, connections will be provided as replacements for existing approved permitted connections, that are consistent with all current Department spacing, location, and design standards, based on the following conditions:
A. Nonconforming Connections. All nonconforming connections will be examined to determine if the construction project will require relocation, alteration, or closure of the connection to make it conforming.
B. Application of Current Standards. The number and location of connections shall be modified to the maximum extent possible to meet current Department spacing, location, and design standards. Where current Department standards cannot be met, the connection shall be classified as nonconforming.
C. New Connections, Modifications. The Department shall allow new or require modification of existing connections if a connection permit application is made and approved.
D. Replacement of Existing Connection. When connections are made as part of a Department construction project replacing existing connection points without material differences, no additional permit shall be required.
E. New Connection – Cost. The construction of new connection points, if approved by the Department, shall be done at the owner’s expense by either the Department’s contractor as part of the roadway improvement or by the owner’s contractor at the Department’s option.
F. Modification – Cost. If the modification of the connection point is more extensive than the routine replacement of an existing connection, the owner shall also participate in the differential cost.
G. Work by Permittee’s Contractor. The Department shall require that work done by the owner’s contractor be accomplished at the completion of the Department’s contract or be scheduled so as not to interfere with the Department’s contractor. The Department may require a surety bond prior to construction of the connection in accordance with EWMC 10.48.090. (Ord. 95-14 § 1, 1995)
10.48.170 Appeals.
A. Application. Any person who is the recipient, or otherwise has standing to challenge the denial, of a permit application pursuant to this chapter; a permit, with conditions pursuant to this chapter; a notice of permit modification, revocation, or closure of permitted connection pursuant to this chapter; or notice of closure of an unpermitted connection, pursuant to this chapter, may appeal the decision to the board of adjustment within 30 days of the written determination of the city.
B. Conduct. The board of adjustment shall consider the appeal at the next regularly scheduled meeting and shall review the record provided by staff and render a decision and deliver same to applicant within 10 days of the hearing. Decisions of the board shall be binding and final. Appeals from the board decision shall be made to the Douglas County superior court within 20 days of the date of the written decision of the board. (Ord. 95-14 § 1, 1995)
10.48.180 Violation – Penalty.
A. Any person who shall violate any of the provisions of this chapter or who shall fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the board of adjustment, or by a court of competent jurisdiction, within the time fixed therein, shall severally and for each such violation and noncompliance, respectively, be guilty of a misdemeanor.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B. The instigation of misdemeanor proceedings in accordance with subsection A of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions. (Ord. 95-14 § 1, 1995)