Chapter 12.30
HAUL ROUTE AGREEMENTS

Sections:

12.30.010    Purpose.

12.30.020    Definitions.

12.30.030    Authorization.

12.30.040    Procedure.

12.30.041    Haul route plans.

12.30.042    Haul route agreements.

12.30.050    Enforcement.

12.30.060    Appeals.

12.30.010 Purpose.

The purpose of this chapter is to establish rules and procedures for executing haul route agreements to address potential impacts of hauling operations on City of Ferndale (City) streets and to address additional maintenance costs to the City resulting from those hauling operations. (Ord. 1775 § 1, 2013; Ord. 1657 § 1, 2011)

12.30.020 Definitions.

A.    “Development” means activity consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling; and/or removal of any sand, gravel or minerals. This term may include, but is not limited to, activities related to subdivision and short subdivisions; planned unit developments; clearing activity; fill and grade work; and any and all permits related to building or construction.

B.    “Haul route” means the designated route used to haul material to and from a construction or building site.

C.    “Haul route agreement” means the formal contract based on the submitted haul route plan executed between the City and the franchised utility, developer, applicant, entity, property owner, or designated representative responsible for the restoration and/or rehabilitation procedures to be performed during or upon completion of the hauling operation.

D.    “Haul route plan” means that plan executed by the franchised utility, developer, applicant, entity, property owner, or designated representative and submitted to the City for the purpose of addressing, among other things, haul start and end dates, total volume of material to be hauled, number of trucks, hours of operation, signage, and flagging.

E.    “Hauling operation” means that hauling activity allowed as a result of the haul route plan submitted to the City and, if required, the subsequent haul route agreement executed with the City.

F.    “Project hauler” means the franchised utility, developer, applicant, entity, property owner, or designated representative that is the proponent of the development requiring a haul route and is responsible for the restoration and/or rehabilitation of City streets that may result from a hauling operation, which restoration and/or rehabilitation is to be performed during or upon completion of the hauling operation. (Ord. 1775 § 1, 2013)

12.30.030 Authorization.

The Public Works Director is authorized to require and to enter into haul route agreements, when necessary, as protection against potential accelerated deterioration or maintenance impacts to City streets that may result from proposed or expanded development, uses, or activities associated with, but not limited to, a City-issued permit or environmental review process. (Ord. 1775 § 1, 2013; Ord. 1657 § 1, 2011. Formerly 12.30.020)

12.30.040 Procedure.

(Ord. 1775 § 1, 2013; Ord. 1657 § 1, 2011. Formerly 12.30.030)

12.30.041 Haul route plans.

A.    Together with fees necessary to support staff review of haul route plans as described in the Unified Fee Code, the project hauler shall develop and submit a haul route plan to Public Works under any of the following circumstances:

1.    Upon commencement of any new or expanded hauling operation of material being exported or imported that is over 50 cubic yards which the Public Works Director determines may cause accelerated deterioration of City streets and additional maintenance costs to the City of Ferndale;

2.    When any need for a haul route plan is identified through issuance of a City permit, the SEPA review process, or by the Public Works Director.

B.    When required, the haul route plan must be approved prior to beginning or continuing construction of a development. The haul route plan must address, among other things, haul start and end dates, total volume of material to be hauled, number of trucks, hours of operation, signage, and flagging, and any other issue identified by the Public Works Director. Such information must be supplied on the appropriate form as provided by the City.

C.    The Public Works Director shall review the haul route plan in order to determine if a haul route agreement is warranted based on the proposed hauling operation’s potential for causing accelerated deterioration of City streets and additional maintenance costs to the City.

D.    If the Public Works Director determines that a haul route agreement is warranted, the haul route agreement shall be executed between the City and the project hauler responsible for the restoration and/or rehabilitation of City streets that may result from the hauling operation. The haul route agreement must be executed prior to commencement of any construction activity.

E.    The Public Works Director may require a security from said project hauler to guarantee the restoration and/or rehabilitation of impacted City streets. (Ord. 1901 § 1, 2015; Ord. 1775 § 1, 2013)

12.30.042 Haul route agreements.

Particular haul route agreements may vary, depending on the type of hauling operation, quantity and duration of hauling, type of street, and other factors. The following general procedure is established to implement agreements, inspect haul routes, develop estimates for additional maintenance or repair costs, execute emergency repairs, and terminate haul route agreements:

A.    The project hauler shall apply for required City permits before commencing any new or expanded hauling operation and submit a haul route plan, if applicable.

B.    The project hauler and Public Works Director or designated representative shall conduct a joint pre-inspection of the City streets included in the haul route to determine the existing condition of the road prism.

C.    The project hauler shall execute a haul route agreement with the City before commencing or expanding hauling operations if required by the Public Works Director.

D.    The project hauler shall immediately notify the Public Works Director in writing if any changes occur or will occur in the hauling operation. The Public Works Director will determine if an amendment is required to the haul route plan and/or haul route agreement.

E.    The Public Works Director or designated representative shall make periodic inspection reports of the haul route to determine if any additional maintenance is required or if damage and/or deterioration have occurred as a result of the hauling operation.

F.    If the project hauler’s traffic fails to use the designated haul route or otherwise fails to comply with the haul route plan and/or agreement, the Public Works Director may prohibit or limit further work on the development until such time as compliance with the requirements of the haul route are achieved.

G.    The project hauler shall notify the Public Works Director in writing at the completion of the hauling operation, and the Public Works Director or designated representative shall conduct a joint post-inspection of the haul route with the project hauler.

H.    After periodic inspections, as outlined in subsection (E) of this section, and after post-haul-route inspections, as outlined in subsection (G) of this section, if the Public Works Director or designated representative determines that additional maintenance and/or repair is necessary as a result of the hauling operation, the Public Works Director shall notify the project hauler in writing. The project hauler shall be wholly responsible for the cost of the necessary repairs and/or additional maintenance resulting from the hauling operation, which were identified during the periodic and post-inspections and shall reimburse the City for such additional maintenance and/or repair costs resulting from the hauling operation within 30 days of the date of said notice.

I.    In lieu of reimbursement for repairs, and upon approval by the Public Works Director, a project hauler may undertake the repair work necessary as a result of the hauling operation. Upon completion of the repair work, the work must be inspected and approved by the Public Works Director or designated representative.

J.    The project hauler will not be responsible for costs associated with what is considered routine maintenance of City streets.

K.    The project hauler will not be responsible for any costs associated with the restoration, rehabilitation or maintenance of City streets that have been improved with federal funds.

L.    If the City, in its sole discretion, determines that emergency repairs become necessary on the haul route, the City will perform said repairs with the following stipulations:

1.    If the damage was caused because of the project hauler’s hauling activities, then the project hauler will reimburse the City for its efforts immediately upon receipt of written demand from the City for the funds necessary to complete the repairs, to the extent damage was caused because of the project hauler’s hauling activities covered hereunder.

2.    If the emergency was not caused by the project hauler’s hauling activities, then the City will absorb the costs of repair.

3.    The City will make reasonable efforts to notify the project hauler of the emergency repairs prior to performing work for which the City intends to demand reimbursement.

M.    Disputes regarding the extent of project hauler’s responsibility for maintenance or repair to the City roadways for which the City determines that the project hauler is responsible will be governed by the dispute arbitration language found within the specific haul route agreement executed between the City and the project hauler.

N.    After the City undertakes and completes maintenance and/or repairs necessary as a result of the haul route operation, and the project hauler submits and the City accepts the required reimbursement, or in the alternative, the project hauler completes the necessary repair work and the City approves, the haul route agreement will be terminated and any required security released. (Ord. 1775 § 1, 2013)

12.30.050 Enforcement.

The City will follow the enforcement and penalty procedures found in Chapters 1.12 and 8.08 FMC. (Ord. 1775 § 1, 2013)

12.30.060 Appeals.

Administrative and judicial appeals of decisions made pursuant to this chapter must be filed in accordance with those provisions found in Chapter 14.11 FMC. (Ord. 1775 § 1, 2013)