Chapter 13.50
TYPE C TRANSACTIONS

Sections:

13.50.010    General.

13.50.020    Permitted uses.

13.50.030    Conditions--General.

13.50.040    Conditions--Bus stops/shelter stations/pads/associated loading zones (C1).

13.50.050    Conditions--Construction site structures (C2).

13.50.055    Conditions--Landscaping, fences, gates and other special uses (C3).

13.50.060    Conditions--Recycling structures (C4).

13.50.070    Conditions--Newspaper stands or drop boxes (C5).

13.50.080    Conditions--Temporary sales (C7).

13.50.090    Conditions--Tree trimming, removal and replacement (C9).

13.50.010 General.

Type C permits relate to constructing, placing, using or maintaining physical objects or features, including tree cutting and removal, not associated with land development construction or work, within the opened right-of-way, with minor or no disturbing of improvements within the opened right-of-way. These types of activities may involve the disruption of pedestrian and vehicular traffic or access to private property. Sheriff assistance, inspection by county staff, approval for specific locations, special provisions for safety and traffic control measures may also be required.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 33, 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).

13.50.020 Permitted uses.

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

(1) Bus stops/shelters/shelter pads/loading zones (Type C1 permit). Special uses of opened right-of-way for transportation and traffic purposes.

(2) Construction site structures (Type C2 permit). Temporary structures related to construction sites such as scaffolds, barricades, buildings, walls, elevators, etc., that are on, over or impacting opened right-of-way.

(3) Landscaping/fences/gates/other special uses (Type C3 permit). Special uses of the opened right-of-way for private decorative plantings, gardens and fences, gates, or other similar features.

(4) Recycling structures (Type C4 permit). Structures placed in the opened right-of-way for collection for extended time periods.

(5) Newspaper stands or drop boxes (Type C5 permit) placed in the opened right-of-way.

(6) Temporary signs (Type C6 permit) and other signs placed in the opened right-of-way which can be moved easily.

(7) Temporary sales (Type C7 permit) from portable or movable carts, stands or vehicles placed in the opened right-of-way. Sales of only flowers, food or beverages will be permitted.

(8) Business patrons or customers (Type C8 permit). Where a structure is erected, or a business is maintained or established adjoining the opened right-of-way, the nature of which requires or tends to invite patrons or customers to use the opened right-of-way.

(9) Tree trimming/removal/replacement (Type C9 permit). For the cutting, trimming or removal of trees, or other similar vegetation maintenance, within the opened right-of-way, except when exempt in accordance with SCC 13.10.050.

(10) Utilities (Type C10 permit). Use of the right-of-way for utilities, whether above or below ground, when such utilities are associated with a single user utility purveyor or with a utility purveyor that does not have and is not required to obtain a franchise pursuant to chapter 13.80 SCC.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 34, 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).

13.50.030 Conditions--General.

Type C permits are granted pursuant to the following conditions and such additional conditions as the engineer deems appropriate:

(1) All conditions contained in SCC 13.40.030 except SCC 13.40.030(1).

(2) Where the permit is issued for the placing or use of physical objects or features within the opened right-of-way that are of a permanent nature, the engineer may require that the permittee enter into an agreement that requires continued maintenance of the objects or features by the permittee, and may require that such agreement be recorded against any real property associated with the objects or features. The engineer may also require that continued protection and security be provided to the county in accordance with SCC 13.10.090, 13.10.100 and 13.10.108.

(3) The engineer may determine what landscaping, if any, is necessary to screen any structure, and which landscaping shall be installed and maintained by the permittee.

(4) All physical objects or features placed within the opened right-of-way shall be maintained in a neat and orderly manner by the permittee. Upon expiration, suspension or revocation of the permit, all physical objects or features placed within the opened right-of-way shall be removed and the premises cleaned up and restored to the condition existing prior to the issuance of the permit.

(5) Any construction of containers, movable stands and structures upon the opened right-of-way shall be of an approved design, size, color and construction. All structures shall be painted or stained for aesthetic purposes. The location of such structures or stands shall be determined by the department. Such structures shall be placed and oriented in such fashion as to minimize their exposure to nearby residential areas or public roads or places.

(6) The permittee using a structure shall be responsible for the cleanup of the area around it. If the area around such structures or the structure itself becomes unsightly or littered with debris, caused either by vandalism or negligent use, the county shall have the privilege, but not the responsibility, of causing the same to be cleaned, and the cost thereof charged to the permittee using the same. It is the responsibility of the permittee to maintain the structure and the area around the location by keeping it clean from debris, litter, glass, and paper, etc.

(7) The use shall not be materially detrimental to the immediate vicinity, to other existing or future uses of the right-of-way, or obstruct access, light, air, or view of any abutting owner other than the applicant.

(8) The provisions of subtitles 30.2 and 30.3 SCC as applicable to the zoning of adjacent property will be considered. The engineer may determine that certain provisions such as size or placement of objects or features will apply.

(9) The need for stump removal will be considered in conjunction with tree cutting within the opened right-of-way. The engineer may determine what stumps, if any, are to be removed.

(10) Approval and issuance of a Type C permit does not negate the need to obtain other permits required by this title or by other applicable law.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 35, June 12, 1996, Eff date June 29, 1996; Ord. 02-098, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010; 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).

13.50.040 Conditions--Bus stops/shelter stations/pads/associated loading zones (C1).

Type C1 permits authorizing use of the opened right-of-way for bus stops, shelter stations, including associated shelter pads and loading zones, are subject to the following additional conditions:

(1) A Type C1 permit shall not be issued unless the engineer determines that the proposed location will not present a hazard to vehicles or pedestrians utilizing the opened right-of-way.

(2) The proposed structure will meet all applicable EDDS requirements.

(3) All costs of striping, signing or other traffic control devices required by the engineer, whether or not installed by the county, shall be installed at the sole expense of the permittee.

(4) The proposed location for the structure will best serve the need for the proposed station, zone or other transportation-related structure in the area.

(5) At the engineer’s discretion, a single Type C1 permit may be issued for multiple bus stops/shelters/loading zones. Each structure and location must be individually listed on the permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 36, 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).

13.50.050 Conditions--Construction site structures (C2).

Type C2 permits for building construction, demolition, repair or scaffolding, within the opened right-of-way, are subject to the following additional conditions:

(1) The use of acids or chemicals or any cleaning material which, if deposited in the road, would cause injuries to persons or animals, or damage to property, or adversely affect water quality, is prohibited.

(2) A substantial canvas tarpaulin or approved equivalent shall be attached to the underside of scaffolding erected in the opened right-of-way in such a manner as to stop any spray, dirt, or other materials from spreading on the roadway below.

(3) If building cleaning is done with steam, the steam boiler and all of its appliances, including piping, hose and nozzle, shall comply with the provisions of the law regulating the operations of steam boilers in the county.

(4) During operations, a suitable portion of the sidewalk or other public thoroughfare shall be barricaded in an approved manner. Specified hours of operation and additional construction may be required to protect the public’s exposure to the work.

(5) Contractors shall comply with all requirements of the EDDS, MUTCD and the applicable building code for protection of pedestrian traffic in the opened right-of-way during building construction, remodeling, demolition, or repair.

(6) No materials, fence or shed related to building construction shall obstruct the approach to a fire hydrant, manhole, fire alarm box, catch basin, inlet, vault, valve chamber, or any other public utility or traffic facility which is within an area being used by a permittee.

(7) A substantial protective frame, boarding, sand bags, etc., shall be placed or built around every street light pole, power pole, fire hydrant, and other utility or traffic facility that may be damaged by work being done on the adjacent property.

(8) It is unlawful to mix mortar or concrete in any public place unless confined to a tight box or mixing board, and in no case shall mixers or boxes be washed so that the water will run into the road unless free of all sand, cement or any similar material.

(9) In using the road area or driving over walks and curbs, the contractor shall keep such walk and pavement reasonably clean, properly protected with planks during working hours and safe for public travel.

(10) A fence or enclosure shall be erected at any location where a building is to be erected, razed, repaired or altered and a hazard to pedestrian traffic is created (a) within 10 feet of a walk or roadway, (b) in a business district, or (c) in any case determined by the engineer, or stated in conditions imposed by the engineer on the permittee. Compensation of the department for such use of the opened right-of-way may be required.

(11) Earth taken from excavations and rubbish from building shall not be stored on the sidewalk or other road area, except as specifically stated in conditions imposed by the engineer on the permittee. Compensation of the department for such use of the opened right-of-way may be required.

(12) Building rubbish accumulating on upper floors and all rubbish, plaster and other loose materials produced while wrecking, altering or repairing a building must be lowered by elevators in closed receptacles or by closed chutes connecting to vehicles removing the same. When likely to produce dust, the chutes must be provided with means of wetting waste to prevent the wind from blowing it about.

(13) All scaffolding erected in the opened right-of-way shall be properly barricaded to protect pedestrian and vehicular traffic from debris, spray and related hazards.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 37, June 12, 1996, Eff date June 29, 1996; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).

13.50.055 Conditions--Landscaping, fences, gates and other special uses (C3).

Type C3 permits for landscaping, fences, gates or other special uses of the opened right-of-way for private features are subject to the following additional conditions:

(1) All features to be located in the opened right-of-way shall be installed in accordance with plans and specifications approved with the Type C3 permit.

(2) All approved landscaping, fences or other features installed in the opened right-of-way shall be maintained by the permittee and the permittee’s successor(s).

(3) The engineer may require that permitted features be modified or removed from the opened right-of-way if they interfere with drainage, obstruct sight distance, create a safety hazard or conflict with plans for improvement of the opened right-of-way. The permittee shall be responsible for modification or removal of the permitted features upon notification by the county. If the permittee does not comply with the county’s request, the county may modify or remove the features at the permittee’s expense.

(4) All fences and freestanding walls located in a portion of the opened right-of-way adjacent to corner lots must meet the vision clearance requirements of SCC 30.23.100.

(5) Gates shall not be used to control or limit access on a public road except when approved by the county council or the engineer in accordance with chapter 48.47 RCW. Gates approved inside the opened right-of-way shall be located outside the motor vehicle clear zone.

(6) An applicant for a permit to install a private gate in the opened right-of-way may be required to analyze the need for and provide additional facilities to accommodate the gate, such as a vehicle turnaround and queuing area in front of the gate or turn pockets on the public road, depending on the proposed gate location and expected traffic volume.

(7) All landscaping installed within the opened right-of-way shall comply with the EDDS and SCC 30.25.015 (General landscaping requirements).

(Added 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)

13.50.060 Conditions--Recycling structures (C4).

Type C4 permits for recycle box structures within the opened right-of-way are subject to the following additional conditions:

(1) Structures authorized by a Type C4 permit shall be placed a minimum of 10 feet from the edge of the traveled way and shall not block or hinder the sight distance for driveway or intersections. The area between the traveled way and the structure shall be a gravel or paved shoulder and extend full shoulder width at least 20 feet on each side of the structure with a 10:1 taper back to the edge of the traveled lane. The location must have an adequate stopping sight distance for approaching vehicles.

(2) Structures authorized by a Type C4 permit must be emptied regularly to prevent overflow and possible rodent infestation.

(3) A number will be assigned to each approved application for a Type C4 permit. This number will be attached permanently to the recycling structure and will be used to identify the owner of the structure to authorized departments for contacting them to clean up the area or for other problems.

(4) At the engineer’s discretion, a single Type C4 permit may be issued for multiple recycle box structures. Each recycle box location must be listed on the permit. If the permittee desires to move a recycle box to a different location, the permittee must submit a request for approval of the new location to the department at least 48 hours prior to the intended move.

(5) Failure of the permittee to comply with all requirements for such structures may result in the suspension or revocation of the Type C4 permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 38, 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).

13.50.070 Conditions--Newspaper stands or drop boxes (C5).

Type C5 permits for newspaper stands or drop boxes within the opened right-of-way are subject to the following additional conditions:

(1) At the engineer’s discretion, a single Type C5 permit may be issued for multiple stands or drop boxes. Each stand or box location must be listed on the permit.

(2) If the permittee desires to move a stand or box to a different location, the permittee must submit a request for approval of the new location to the department at least 48 hours prior to the intended move.

(3) Failure of the permittee to comply with all requirements for such structures may result in the suspension or revocation of the Type C5 permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 39, 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).

13.50.080 Conditions--Temporary sales (C7).

Type C7 permits for temporary sales from portable or movable carts, stands or vehicles within the opened right-of-way shall be subject to the following additional conditions:

(1) A Type C7 permit shall only be issued when the type of temporary sale proposed is a permissible use in the land use zone of the proposed location for the temporary sale, as determined by the department.

(2) A specific area must be designated in the Type C7 permit as the location for the temporary sales activity. The permittee shall confine the temporary sales activity to that area.

(3) The permittee shall keep the temporary sales area neat and clean at all times and the temporary sales area shall be left in a neat and clean condition following the close of the temporary sale. Where any rubbish, wrappings or other materials may be dropped incidental to the temporary sale, at least one waste receptacle must be provided by the permittee. The department may periodically inspect the temporary sales area for waste materials.

(4) Where a temporary sale is conducted on a sidewalk, the temporary sale area, including stands, etc., must be located so as to provide at least five feet of clear pedestrian traffic from the curb line or edge of roadway, whichever is further from the roadway; otherwise the temporary sales area must be located to provide at least five feet of clear pedestrian traffic from the sidewalk, curb line, or edge of roadway, whichever is furthest from the roadway.

(5) No mechanical or electrical devices or portable signs may be displayed to attract attention to the temporary sale.

(6) Any structure placed at the location of the temporary sale must be readily movable and not obstruct vision.

(7) The temporary sale activity shall not create a hazard for vehicular or pedestrian traffic.

(8) The temporary sale activity shall not obstruct access to any users or owners of adjacent abutting property.

(9) The temporary sale activity, including any required parking, shall not obstruct vehicular traffic.

(10) The permittee will comply with all regulations of the Snohomish health district and any other involved public agency.

(Added Ord. 96-028, § 40, 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).

13.50.090 Conditions--Tree trimming, removal and replacement (C9).

(1) A Type C9 permit shall be obtained before any tree within the opened right-of-way is trimmed, removed or replaced by other than county personnel; except a permit is not required if the removal is associated with construction authorized under another permit.

(2) The county engineer may require that a tree be removed from the opened right-of-way under any of the following circumstances:

(a) If a tree is dead or dying or is damaged by storm, accident or disease as to be beyond the point of recovery.

(b) If a tree has damaged the roadway facilities (including but not limited to the sidewalk, curb, culvert and pavement) and further damage cannot be prevented by reasonable tree maintenance procedures, such as root pruning or sidewalk/curb realignment.

(c) If a tree constitutes a hazard to the public welfare.

(d) If a tree constitutes an impediment to the approved development of adjacent property.

(3) The county engineer may approve the removal of a tree from within the opened right-of-way in conjunction with an approved roadway improvement project.

(4) When the county engineer requires removal of a tree pursuant to subsection (2) of this section, and the tree at issue was planted by a current or previous owner of the property adjacent to the opened right-of-way, removal of the tree shall be the responsibility of the current owner of the property adjacent to the opened right-of-way, who shall bear all costs of the removal and the associated restoration of the opened right-of-way. In the event that a property owner fails to respond to a request for removal or fails to remove the tree, the county engineer shall have the authority to perform such removal at the property owner’s expense.

(5) When a tree has been removed from the opened right-of-way without a permit, the engineer shall have the authority to require the responsible property owner to replace that tree with another comparable tree at the owner’s sole expense. The planting of the replacement tree may require a Type C3 permit and shall comply with SCC 30.25.015 (General landscaping requirements) and the EDDS.

(6) The need for stump removal will be considered in conjunction with tree cutting within the opened right-of-way. The engineer may determine what stumps, if any, must or may be removed.

(Added 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)