Chapter 13.40
TYPE B TRANSACTIONS

Sections:

13.40.010    General.

13.40.020    Permitted uses.

13.40.030    Conditions--General.

13.40.040    Size, weight, load requirements on county roads.

13.40.040    Commercial hauling activities requiring a Type B4 permit.

13.40.050    Emergency load limitations and defined period closures and restrictions on county roads

13.40.060    Conditions--Log tolerances (B1).

13.40.070    Conditions - Overweight, oversize (B2, B3).

13.40.080    Conditions--Haul route B4.

13.40.090    Conditions - Traffic control (B5).

13.40.010 General.

Type B permit transactions relate to the movement of vehicles, materials, and structures within the opened right-of-way, and traffic control related thereto. These activities have the potential, if not properly controlled, to disturb the opened right-of-way surface, impact other vehicular and pedestrian traffic, and/or impact access to private property. These activities may also require sheriff assistance, county inspections, restoration and cleanup of the opened right-of-way. Each activity requires county approval for specific routes, weights, locations, dates and operating times, provisions for public safety and traffic control.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 25, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).

13.40.020 Permitted uses.

Type B permits are required for the following and similar uses of county rights-of-way, except where exempt under SCC 13.10.050:

(1) Log tolerance (Type B1 permit)--activities involving hauling of logs in excess of the legal gross weight of the involved vehicle(s) all in accordance with RCW 46.44.047.

(2) Overweight load (Type B2 permit)--activities that require special use of the right-of-way to move overweight materials and structures at specific times and locations, or when emergency load limitations are posted.

(3) Oversize load (Type B3 permit)--activities that require special use of the right-of-way to move oversize load materials and structures at specific times and locations.

(4) Haul route (Type B4 permit)--commercial hauling activities that are likely to cause extraordinary damage or accelerated deterioration to county roads, including by way of example, hauling in connection with construction, logging or other commercial activities.

(5) Traffic control (Type B5 permit)--activities that involve partial or total closures of roads, streets, lanes, shoulders or sidewalks on a temporary basis, and any detours for loading/unloading, new construction or repair, construction storage, or other similar activities. All traffic control measures shall comply with the EDDS and the MUTCD.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 26, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.40.030 Conditions--General.

All Type B permits are subject to the following conditions and such additional conditions as the engineer deems appropriate:

(1) Use of the right-of-way will be restricted to the time and date(s) stated on the permit.

(2) The use shall not physically disturb the surface of the roadway, shoulders, ditches, cuts, slopes or other portions of the right-of-way.

(3) The applicant/permittee must identify and mitigate any disruption of vehicular and pedestrian traffic caused by the proposed use.

(4) The permittee shall provide, to the engineer’s satisfaction, routes, locations, dates, and times, associated construction plans including a traffic control plan, and provisions for public safety and traffic control.

(5) The permittee shall provide street, lane, and sidewalk closures and other traffic diversions with traffic control signs and devices as designated by the engineer and as required by law.

(6) By the issuance of any right-of-way use permit, the county assumes no liability for any harm that may arise out of or occur due to acts or omissions of the permittee occurring within the right-of-way pursuant to such permit; all costs in connection therewith will be borne by the applicant/permittee in accordance with SCC 13.10.090.

(7) Following completion of the permitted use, the right-of-way must be restored to the satisfaction of the engineer and is subject to inspection by the engineer.

(8) A copy of any permit issued for commercial hauling under the provisions of this title must accompany each involved vehicle.

(9) A copy of any permit issued for traffic control under the provisions of this title must be kept at the site of the activity for which the traffic control is required.

(10) Granting of any permit by the engineer does not relieve the permittee from responsibility for securing any necessary related state, federal or municipal permits or approvals.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 27, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.40.040 Size, weight, load requirements on county roads.

(1) Movements Requiring a Permit. Chapter 46.44 RCW specifies size, weight and load requirements for public streets and highways of the state (including county roads). Movements which involve vehicles in excess of the following dimensions require a special permit since they exceed the limits for weight and size established by law. This special permit can be either a Type B2 or B3 permit if the movement takes place entirely on county roads. In lieu of issuing a permit, the engineer may endorse a special permit obtained from the state department of transportation if a portion of the movement involves state right-of-way. Movements on county roads under an endorsed state permit are subject to the same conditions that apply to a Type B2 or B3 permit:

(a) Width: Over 8 1/2 feet (RCW 46.44.010)

(b) Height: Over 14 feet (RCW 46.44.020)

(c) Length: (RCW 46.44.030)

Single unit: Over 40 feet

Single trailer: Over 53 feet

Combination:

Truck and trailer: Over 75 feet

Two trailing units: Over 61 feet

(d) Weight: (RCW 46.44.041)

Single axle: Over 20,000 lbs

Tandem axle: Over 34,000 lbs

The maximum load table contained within RCW 46.44.041 shall apply for groups of two or more consecutive axles, except that two consecutive sets of tandem axles may carry 34,000 lbs each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

(2) Non-reducible Loads. To qualify for a permit, the hauler must show that the load cannot reasonably be dismantled or disassembled. If a load can be reduced, even if that would require the use of additional vehicles, no special permit will be issued. (WAC 468-38-050).

(3) Information Required for Permit. Information about the vehicle, the owner, insurance, the load, the route to be traveled, and the need for the move, shall be required when requesting a permit. Misrepresentation of any such information is an infraction. (RCW 46.44.105).

An operator who moves an over-legal load without a valid permit may incur a fine as well as other penalties prescribed by law. (RCW 46.44.105).

(4) Liability of Permittee. The person responsible for the movement is liable for any damage to the highway or structures caused by his or his employee’s negligence or illegal operation of the vehicle. (RCW 46.44.110).

(5) Operation Under Permit. Only the owner of the hauling vehicle or a person operating it under lease may be issued a permit. Specific limitations may be added regarding highways uses, patrolling, flagging, and hours of operation. These are conditions attached to each permit, and the permit is valid only if the conditions are met. If a state patrol officer, a commercial vehicle enforcement officer, or local law enforcement officer finds a person operating a vehicle in violation of the conditions of the permit, the officer may confiscate the permit. (RCW 46.44.105). In addition, if an enforcement officer finds that the load exceeds the permitted size or weight, the officer may issue a citation and require some of the load be transferred to another vehicle. (RCW 46.44.105).

(6) Monetary penalties may also be assessed against a carrier who operates a vehicle that does not meet legal requirements or that does not conform to the conditions of the permit.

(7) Specific Size, Weight, Load Requirements. In addition to the requirements of this title, chapter 46.44 RCW shall be consulted for specific details regarding size, weight and load requirements for movements on county roads.

(Added Ord. 85-051, § 3, July 3, 1985; Ord. 95-004, § 24, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 96-028, § 28, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.40.040 Commercial hauling activities requiring a Type B4 permit.

A Type B4 permit shall be required for all commercial hauling activities using county roads when the total amount of material entering or leaving a site is greater than or equal to 10,000 cubic yards; except that commercial hauling in connection with pit and quarry operations conducted pursuant to a county approved conditional use permit may be exempt from needing a Type B4 permit if the conditional use permit so provides. A Type B4 permit may be required for other commercial hauling activities using county roads if the engineer determines that the commercial hauling activity at issue may cause a need for additional maintenance or repair of county roads or portions thereof. For the purposes of this section "additional maintenance" means any grading, reshaping, repair, and/or modification of haul roads in excess of or in addition to the routine maintenance operations performed by the county on such roads on a regular basis.

(Added by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012)

13.40.050 Emergency load limitations and defined period closures and restrictions on county roads

(1) Engineer’s Authority. The engineer, for any definite period of time, may close to travel or restrict county roads to all vehicles or any class of vehicles or declare a lower maximum speed whenever the condition of a county road is such that its continued or unrestricted use by all vehicles or any class of vehicles will greatly damage the road or will be dangerous to traffic or is being constructed, altered, repaired, improved or maintained in such a manner as to require its use or any portion of its use closed or restricted: PROVIDED,

(a) That before any county road is closed or restricted to, or the maximum speed limit there on reduced for, all vehicles or any class of vehicles, a notice including the effective date shall be published in one issue of a newspaper of general circulation in the county.

(b) That on or prior to the date of publication of such notice, the engineer shall erect and maintain, or cause to be erected and maintained signs designating the provisions of this chapter in a conspicuous place at each end of the portion of any county road affected.

(c) No county road will be closed sooner than three days after the publication and posting of the notice. However, in cases of emergency or conditions in which the maximum time that the closure or restriction will be in effect is twelve hours or less the engineer may, without publication or delay, close or restrict a county road by posting notices at each end of the closed portion and at all intersecting county roads and state highways.

(2) Emergency Load Limitation--5 Tons. In the event the engineer finds it necessary to restrict the operation of motor trucks and other vehicles, on a particular county road or roads, due to rain, snow, climatic or other conditions, the engineer shall post emergency load limitation signs in accordance with (1)(b) above, limiting vehicle gross weight, including load, to 5 tons or 10,000 pounds: PROVIDED,

(a) The engineer may establish an emergency load limitation of other than 5 tons or 10,000 pounds on a particular county road or roads, where deemed necessary or practical due to particular conditions or circumstances.

(b) Authorized emergency vehicles shall be exempt from any emergency load limitations.

(c) The engineer shall grant special permits to school buses, motor trucks transporting perishable commodities or commodities necessary for health and welfare, and motor trucks necessary to provide services necessary for health and welfare to exceed the emergency load limitation; provided, no such special permit shall authorize nor shall any person operate upon any county road posted as in (1)(b) above, any such school bus or motor truck, with a vehicle gross weight, including load, that produces a load upon any tire concentrated upon the surface of the county road in excess of the following load limitations:

CONVENTIONAL TIRES

TUBELESS OR SPECIAL WITH .5 MARKING

Size Tire Width

Gross Load Each Tire

Size Tire Width

Gross Load Each Tire

7.00

1800 lbs.

8 -- 22.5

1800 lbs.

7.50

1800 lbs.

9 -- 22.5

1900 lbs.

8.25

1900 lbs.

10 -- 22.5

2250 lbs.

9.00

2250 lbs.

11 -- 22.5

2750 lbs.

10.00

2750 lbs.

11 -- 22.5

2750 lbs.

11.00 and over

3000 lbs.

12 -- 22.5

3000 lbs.

(3) Special Permits -- Application -- Penalty.

(a) Any person operating a school bus or motor truck for which this chapter authorizes a special load permit shall apply in writing to the engineer for such permit.

(b) The application shall contain:

(i) The name, address and telephone number of the registered owner of the school bus or motor truck; and

(ii) The make, model, net weight and year of the school bus or motor truck; and

(iii) The vehicle license plate number of the school bus or motor truck; and

(iv) The number and width of the tires used on the school bus or motor truck; and

(v) The weight and nature of the load to be transported on the school bus or motor truck; and

(vi) The county road or roads upon which the school bus or motor truck will be operated; and

(vii) A statement whether the special permit is requested for a single trip or continuous operation;

(viii) A statement of the reason or reasons why the special permit is necessary.

(c) Upon receipt of an application for a special permit containing the information required by this section, the engineer shall issue a permit in the name of the registered owner for the vehicle described in the application subject to the load limitations and conditions of this chapter. The permit shall specify the road or roads for which the permit is issued, and the dates upon which the permit is valid.

(d) Every permit issued under this chapter shall be carried in the vehicle for which the permit was issued at all times the vehicle is operated on any county road.

(4) Special Permits--Limitations.

(a) No person shall operate any vehicle for which a special load limitation permit has been issued upon any county road to which such limitation applies, at a speed in excess of thirty (30) miles per hour, unless otherwise noted on the permit.

(b) No person shall operate any vehicle for which a special load limitation permit has been issued upon any county road other than the roads specified in the permit; provided, that the vehicle may be operated upon any other county road when the vehicle complies with the applicable load limitations for that other county road.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 87-095, § 4, September 23, 1987; Amended Ord. 96-028, § 29, June 12, 1996, Eff date June 29, 1996, Ord. 02-067, November 6, 2002, Eff date November 17, 2002).

13.40.060 Conditions--Log tolerances (B1).

Type B1 permits for activities involving log tolerances are subject to the following additional conditions:

(1) Under a log tolerance permit, a three-axle truck tractor and a two-axle pole trailer combination engaged in the operation of hauling logs may exceed by not more than six thousand eight hundred (6,800) pounds the legal gross weight of the combination of vehicles when licensed, as permitted by law, for sixty-eight thousand (68,000) pounds: PROVIDED, That the distance between the first and last axle of the vehicles in combination shall have a total wheelbase of not less than thirty-seven (37) feet, and the total weight upon two axles spaced less than seven feet apart shall not exceed thirty-three thousand six hundred pounds (33,600).

(2) Permits shall be issued on a yearly basis expiring on March 31st of each calendar year.

(3) Any person, firm, or corporation who uses any county road or street for the purpose of transporting logs with weights authorized by state highway log tolerance permits, to reach or leave a state highway route, without first obtaining a Type B1--log tolerance permit shall be subject to the provisions of chapter 13.130 SCC and any other penalties as prescribed by RCW 46.44.105.

(Added Ord. 96-028, § 30, June 12, 1996, Eff date June 29, 1996).

13.40.070 Conditions - Overweight, oversize (B2, B3).

Type B2 and B3 permits for activities involving overweight or oversize vehicles, respectively, are subject to the following additional conditions:

(1) The permittee is responsible for providing all pilot cars and traffic control devices determined necessary by the engineer. Pilot cars will be required front and rear unless otherwise determined by the engineer.

(2) Where determined necessary by the engineer, the county sheriff will be consulted prior to the issuance of such permit and be advised of the exact times of any movements. The permittee will be required to pay for any necessary patrolling by the sheriff and any work provided by the department associated with the permit in accordance with SCC 13.110.010(3).

(3) Arrangements for the disconnection and connection of any utilities or other facilities in the right-of-way shall be the responsibility of the permittee and any expenses in connection therewith or securing of any additional associated permits shall be paid by the permittee.

(4) A permit to move a building or other structure shall not be granted if:

(a) The building or structure is too large to move without endangering persons or property in the county; or the weight of the building or structure would cause damage to the roadway.

(b) The building or structure is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it cannot be moved without endangering persons and property in the county.

(c) The applicant’s equipment is unsafe and persons and property would be endangered by its use.

(d) If the new site for the building or structure is within the unincorporated county, appropriate approval to locate on the new site has not been secured from the department of planning and development services.

(5) Notification of all road and lane closures will be made to all interested departments, agencies and news media.

(Added Ord. 96-028, § 31, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.40.080 Conditions--Haul route B4.

Type B4 permits for activities involving haul routes are subject to the following additional conditions:

(1) The applicant/permittee shall be responsible for all costs associated with any additional maintenance and/or repair of any damage caused by or resulting from the permittee’s use of the right-of-way.

(2) In conducting commercial hauling activities authorized by a Type B4 permit, the applicant/permittee shall at all times comply with all applicable federal, state and local laws. Prior to performing the hauling activities authorized by a Type B4 permit, the applicant/permittee shall obtain any and all other necessary permits or approvals required by this title or by other applicable law.

(3) An applicant for a Type B4 permit must supply the department with a haul road use plan containing the following information:

(a) Name(s) and section(s) of county roads to be used, identified by county road log and/or milepost numbers;

(b) Projected vehicle trips per day of travel;

(c) Gross weight loadings;

(d) Dates, hours and duration of proposed hauling operations; and

(e) Quantities of materials, goods and/or equipment to be transported.

(4) Prior to the start of hauling operation(s), representatives of the department and the permittee shall make a joint pre-inspection to determine the existing condition of the road prism along the haul route. The department shall complete a pre-inspection report indicating the condition of the road prism to which the route applies. The pre-inspection report may include photographs, video logs or other recording devices showing the condition of the existing road prism.

(5) The engineer may restrict the size, weight, or speed of the permittee’s vehicles below the legal limits applicable to such roads for any of the following reasons:

(a) Permanent or temporary road closure;

(b) Permanent or temporary weight restrictions posted on county roads or bridges;

(c) Where continued use of roads under the permit will endanger public health, safety or welfare; or

(d) As otherwise provided in this title.

(6) The engineer may deny an application for a Type B4 permit if the engineer determines any of the following are true:

(a) The proposed hauling operations would endanger public health, safety or welfare;

(b) Any portion of the haul route would experience extraordinary damage and/or accelerated deterioration to such a degree that full restoration would be required and the applicant does not agree to perform said restoration; or

(c) Any portion of the haul route is posted with permanent or temporary weight restriction.

(7) At any time during the life of a Type B4 permit, the department may require the permittee to modify the haul route from that indicated in the application or originally approved in the permit where modification of the haul route would facilitate maintenance and repair, prevent damage, or reduce impacts on health, safety and welfare.

(8) Upon expiration, suspension or revocation of a Type B4 permit, the permittee shall immediately discontinue all hauling operations authorized by the permit.

(9) At any time while a Type B4 permit is in effect, and for a period of 90 days after the permit expires, the department may perform periodic inspections of the haul route. If any inspection reveals that the permittee’s hauling operations have caused damage to county roads such that additional maintenance and/or repairs are needed, the department will notify the permittee of the extent of the work required and the date by which the work must be completed. All such work must be completed in a timely manner and to the satisfaction of the engineer.

(10) In the event the permittee fails to satisfactorily complete any maintenance or repair work required in accordance with subsection (9) above, the county may (but need not) elect to perform such work on behalf of the permittee. In such event the permittee shall reimburse the county for the cost of completing the work within 30 days from the date of billing. Reimbursement for such additional maintenance and/or damage repairs shall be limited to the actual cost to the department of all labor (including fringe benefits), equipment, and materials, plus fifteen (15) percent for administration and engineering.

(11) Prior to issuance of a permit, the engineer may require the applicant to provide a performance security in accordance with chapter 13.10 SCC. The amount of the performance security will be determined by the department.

(12) Prior to issuance of a permit, the engineer may require the applicant to provide proof of insurance in accordance with SCC 13.10.100.

(13) Within 7 days of completing the hauling activities authorized by a Type B4 permit, the permittee shall notify the department that such activities have been completed.

(14) Should the permittee desire to make changes to the haul route established by a Type B4 permit, the permittee must obtain the department’s approval of such changes in advance of implementing the changes.

(15) In addition to the circumstances described in SCC 13.10.170, the county engineer may also revoke or suspend a Type B4 permit if the permittee fails to timely pay an invoice from the county for additional maintenance and/or repairs as and when required by subsection (10) above.

(Added Ord. 96-028, § 32, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.40.090 Conditions - Traffic control (B5).

(1) A Type B5 permit authorizes traffic control measures during specified dates and time periods. A Type B5 permit does not authorize physical disturbance of the surface of the roadway, shoulders, ditches, cuts, slopes or other portions of the right-of-way; instead, such disturbance may be authorized by a Type D permit pursuant to chapter 13.60 SCC.

(2) A Type B5 permit may be revised to include multiple date and time periods during the life of the permit.

(3) The traffic control activities identified in a Type B5 permit are authorized only during those specific dates and times listed in the permit, including any revisions to or extension of such permit.

(4) A permittee must submit a request to revise a Type B5 permit to add an additional date and/or time period at least 2 days in advance of the date and time requested. A longer period of advance notice may be required by the department depending on the extent of the requested revision.

(5) Should a permittee desire an alteration to or extension of an approved date and time period listed in a Type B5 permit, the permittee must obtain department approval of such change in advance of the original date and time specified in the permit.

(6) All traffic control measures shall comply with the EDDS and the MUTCD.

(Added by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012)