Chapter 13.60
TYPE D TRANSACTIONS

Sections:

13.60.010    General.

13.60.020    Permitted uses.

13.60.030    Conditions--General.

13.60.040    Conditions--Driveway access/culvert enclosure/curb cut and subdivision driveway access (D1 and D2).

13.60.050    Conditions--Temporary trail access and trail access (D3 and D4).

13.60.055    Conditions - Major construction, minor construction, and major utility construction (D5, D6 and D8).

13.60.060    Conditions--Blanket utility permit (D7).

13.60.010 General.

Type D permits relate to construction activities associated with land development approved in accordance with title 30 SCC which will disturb or impact the roadway and other related features, including construction associated with above and below ground utilities. In the event construction is not completed properly or prematurely fails, reapplication or renewal of a right-of-way use permit may be required to correct deficiencies. Site locations, time, traffic control, safety devices, security devices, and access for county inspections are required elements of a Type D permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 41, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.60.020 Permitted uses.

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

(1) Drive access/culvert enclosure/curb cut (Type D1 permit)--authorizes residential access (single-family or duplex), modification or repair of an existing driveway, or temporary access to a county road for short term activities such as construction or logging. The permittee shall be responsible for repairing any damage to an existing driveway resulting from permitted activity.

(2) Subdivision driveway access (Type D2 permit)--authorizes residential access (single-family or duplex) to a county road where a combined review to establish lot access requirements has previously been conducted as part of the subdivision review process, and the subdivision developer is established as responsible for requirements related to driveway access.

(3) Temporary trail access (Type D3 permit)--authorizes construction and temporary, non-exclusive use of an unopened or primitive county road right-of-way for short term activities such as construction or logging.

(4) Trail access (Type D4 permit)--authorizes the construction and permanent, non-exclusive use of a privately maintained road within county right-of-way.

(5) Major construction (Type D5, D5P, D5C or D5S permit) authorizes major land development related construction within county right-of-way performed by persons other than utility purveyors. These activities range from developer financed frontage improvements and road restoration to developer financed and built comprehensive road improvements, access for development of abutting industrial, commercial property, major private road/county road intersections and private sewage effluent and water lines.

(6) Minor construction (Type D6, D6P, D6C or D6S permits)--authorizes minor land development related construction within county right-of-way performed by persons other than utility purveyors. These activities include, but are not limited to, paved aprons, minor shoulder work, modification of roadside features, and minor private road/county road intersections. Construction activities and associated thresholds eligible to be included under a minor construction permit shall be detailed in department procedures. Construction activities exceeding minor construction permit thresholds shall be processed as a major construction (Type D5, D5P, D5C or D5D permit) and fees charged accordingly as detailed in chapter 13.110 SCC.

(7) Blanket utility construction (Type D7 permit)--authorizes a utility purveyor to perform a series of construction activities in county rights-of-way under a single Type D permit. Such construction activities are of a less disruptive nature than normal utilities construction. Construction activities and associated thresholds eligible to be included under a blanket permit shall be detailed in department procedures. Construction activities exceeding blanket utility permit thresholds shall be processed as a major utility construction (Type D8 permit) and fees charged accordingly as detailed in chapter 13.110 SCC.

(8) Major utility construction (Type D8 permit)-authorizes a utility purveyor to perform major construction, disturbance and restoration of the affected county right-of-way.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 42, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.60.030 Conditions--General.

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

(1) All items contained in SCC 13.40.030 except SCC 13.40.030(1) and (2).

(2) All construction within the right-of-way shall conform to the most current edition of the EDDS. The permittee shall keep the road right-of-way in a condition that is safe to the public and further, will not adversely impact the environment with debris, dirt, dust, or other pollutants, or cause erosion.

(3) The location of all openings, changes, or attachments to the surface of the right-of-way must be approved by the engineer.

(4) At the discretion of the engineer, one or more of the following requirements may be specified when conditions require their use. Whenever such special conditions are required, they shall be set forth in the permit at the time of issuance or as an amendment to the permit where conditions requiring their use become known after the permit has been issued.

(a) Installation within the right-of-way shall be made in a manner and by a method approved by the engineer. All improved or unimproved areas within the right-of-way shall be restored to the satisfaction of the engineer.

(b) Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the engineer and in accordance with the EDDS and the MUTCD. A traffic control (Type B5) permit shall be required in accordance with chapter 13.40 SCC for use of such devices, except where exempt under SCC 13.10.050.

(c) One or more traffic lanes shall be kept open at all times except where approved by the engineer. Moving traffic shall be properly controlled by flagmen and/or patrol cars if specified. Hours of operation during construction and restoration shall be limited to those contained in the permit. A traffic control (Type B5) permit shall be required in accordance with chapter 13.40 SCC for such traffic control, except where exempt under SCC 13.10.050.

(d) Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times except as approved by the engineer.

(e) Backfill and restoration of pavement surface shall be done in accordance with the EDDS and to the satisfaction of the engineer.

(f) All construction of structures within the right-of-way shall be performed in accordance with the EDDS and to the satisfaction of the engineer.

(5) Site inspections will be made by the engineer to determine need for culvert pipe, size and length of pipe, type of pipe acceptable, end sections, catch basins, backfill materials to be used, and other construction requirements.

(6) A permittee and any contractor of a permittee utilizing vehicles upon a right-of-way pursuant to a Type D permit shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the engineer. Upon failure to do so, the engineer may issue an immediate stop work order for the operation and the responsible person or persons shall be directed to immediately clean the right-of-way to the satisfaction of the engineer.

(7) Permittee will be responsible, before commencing any excavation within county right-of-way, to provide notice of the scheduled commencement of excavation to all owners of underground facilities, through the one-call locator service. In addition the permittee shall be familiar with and comply with chapter 19.122 RCW.

(8) Following completion of any construction in the right-of-way under a Type D permit, the site must be maintained as required by the engineer and be subject to periodic inspections by the engineer.

(9) Utility activities conducted pursuant to a Type D permit are subject to the requirements of chapters 30.63A and 30.63B SCC, with exemptions as provided therein. Utility purveyors applying for a blanket utility construction (Type D7) permit or a major utility construction (Type D8) permit shall propose erosion and sedimentation control best management practices for all permitted activities at the time of application.

(10) Utility purveyors meeting the insurance and other applicable requirements of this title, may conduct certain minor activities in county rights-of-way without a permit. Such minor activities shall consist of inspection, repair and maintenance of existing structures in the same location, tree trimming and activities historically not requiring a permit as determined by the engineer, and not falling in the category of a Type D7 blanket permit as detailed in this chapter and not involving cutting of hard road surface.

(11) Before any work is performed under a Type D permit, the permittee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivisions, plats, rights-of-way and all other surveys within the permitted area. The reference points shall be so located as to not be disturbed during the permittees’ operations under the permit. The permittee shall also be responsible to comply with State Department of Natural Resources regulations such as the "Application for Permit to Temporarily Remove or Destroy Section Corner or other Land Boundary Mark or Monument" (Ref WAC 332-120), where applicable. Such forms shall be available at the department.

(12) Permits for access in connection with development will only be approved if the development and access are in compliance with applicable land development codes and standards.

(13) A construction site structures (Type C2) permit in accordance with chapter 13.50 SCC shall be required for placement of construction site structures within the right-of-way.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 43, 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. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).

13.60.040 Conditions--Driveway access/culvert enclosure/curb cut and subdivision driveway access (D1 and D2).

(1) A Type D1 or D2 permit will be required for applicants proposing any driveway access, including modification or repair of an existing driveway, culvert enclosure and/or curb cut installation in a county right-of-way for the purpose of residential access (single-family or duplex) or temporary access.

(2) The engineer may require a performance or maintenance security in accordance with chapter 13. 10 SCC.

(3) The director of the department of planning and development services may withhold building permit final approval and/or certificates of occupancy in the event a Type D1 or D2 permit is not secured or is violated in any manner.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 87-095, § 5, September 23, 1987; Ord. 95-004, § 25, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 96-028, § 44, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.60.050 Conditions--Temporary trail access and trail access (D3 and D4).

All Type D3 (temporary trail access) and Type D4 (trail access) permits are subject to the following additional conditions:

(1) Construction of trail access improvements shall be in accordance with the EDDS.

(2) Prior to issuance of any building permit or temporary use requiring access via an unopened right-of-way, a trail permit must first be obtained.

(3) When the subject county right-of-way has been classified and designated by the county council as a primitive road, construction and use shall not exceed the limits for primitive roads contained in RCW 36.75.300, and amendments thereto.

(4) A permittee’s use of county right-of-way pursuant to a Type D3 or D4 permit shall be confined to direct or indirect access to properties for which the permittee has a right of possession and which were identified in the permit application. Access shall be for uses that are consistent with applicable land use controls.

(5) The issuance of a Type D3 or D4 permit does not and shall not diminish public ownership of the right-of-way or grant any exclusive privileges to the permittee. No permittee using county right-of-way pursuant to a Type D3 or D4 permit will prevent or restrict simultaneous use of the right-of-way by the general public, except where the prevention or restriction of public use is expressly approved by the engineer because the permittee’s use creates a hazard to the public.

(6) If primitive road signs are required at the connection with any public road, the department of public works will provide such signs conforming to the EDDS and the MUTCD. Initial installation of such signs shall be by the department of public works at the permittee’s expense. Subsequent maintenance of such signs will be performed by the department of public works.

(7) The engineer may require the permittee to provide additional surfacing material or other construction measures to safeguard the integrity of the existing right-of-way to which the permittee desires access.

(8) Each Type D3 or D4 permit issued by the department shall contain the tax parcel number of each lot or parcel to be served by the permitted access.

(9) The responsibility for construction and maintenance of the permitted road rests jointly and equally upon the permittees. Maintenance of the permitted road shall be to the mutual satisfaction of all permittees.

(10) A covenant shall be executed and recorded for each applicable parcel of land prohibiting the subdivision of any parcel served by a Type D3 or D4 permit without first obtaining a new trail access permit for any lots or parcels created by such action.

(11) Construction of trail permit road improvements shall be completed within one year of the date on which the applicable Type D3 or D4 permit was issued, unless approved otherwise by the engineer.

(12) The permittees shall obtain all other required permits and approvals including environmental review as specified in chapter 30.61 SCC.

(13) If not used in the construction of roadway improvements, any timber, soil, rock, vegetation, or other materials found within the right-of-way shall be disposed of by the permittee to the satisfaction of the engineer. Any affected fences located within the right-of-way shall be disposed of or relocated by the permittee to the satisfaction of the engineer.

(14) Where required by the engineer, a permittee shall, at the permittee’s own expense, have the right-of-way surveyed by a licensed land surveyor and shall record the survey. The recorded survey shall meet the requirements of the Survey Recording Act, Chapter 58.09 RCW.

(15) Where required by the engineer, a permittee shall, at the permittee’s own expense, prepare road construction plans, and a stormwater site plan in accordance with the EDDS and chapter 30.63A SCC.

(16) At the permittee’s expense, appropriate signs shall be posted by the department as required by the engineer.

(17) The engineer may require a legal description and supporting title report for any additional right-of-way dedicated or deeded to the county to provide the necessary right-of- way for construction of a trail permit access road.

(18) Within 5 working days of filing an application for a Type D3 or D4 permit, the applicant shall post a sign which meets county standards in a conspicuous location within the open public right-of-way where it abuts the access proposed in the application. At a minimum, the sign shall contain the following information: type of permit requested, assigned county file number, project description, and county contact person. The sign shall remain posted until the permit is either issued or denied by the department. The applicant shall provide evidence of posting by submitting to the department a verified statement regarding the date and location of posting. If verification of posting is not returned to the department within 15 days of the date on which the application was submitted, the department shall discontinue processing of the permit application until such verification is received.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 87-095, § 6, September 23, 1987; Ord. 95-004, § 26, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 96-028, § 45, June 12, 1996, Eff date June 29, 1996; Amended Ord. 98-057, § 3, Aug. 3, 1998, Eff date Sept. 19, 1998; Ord. 02-098, December 9, 2002, Eff date February 1, 2003; Added by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.60.055 Conditions - Major construction, minor construction, and major utility construction (D5, D6 and D8).

All major construction (Type D5), minor construction (Type D6), and major utility construction (Type D8) permits are subject to the following additional conditions:

(1) Construction of road, frontage or access improvements shall comply with any applicable conditions of any associated land development construction permits, the EDDS, title 30 SCC and any other applicable standards, such as the MUTCD.

(2) Where required by the engineer, the permittee, at the permittee’s own expense, shall have the right-of-way surveyed by a licensed land surveyor and shall record the survey. The recorded survey shall meet the requirements of the Survey Recording Act, chapter 58.09 RCW.

(3) Where required by the engineer, the permittee, at the permittee’s own expense, shall prepare road construction plans, including a stormwater site plan, in accordance with the EDDS and chapter 30.63A SCC.

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

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

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

13.60.060 Conditions--Blanket utility permit (D7).

All blanket utility (Type D7) permits are subject to the following additional conditions:

(1) A Type D7 permit may be granted for utility installations or relocations in the right-of-way to utility purveyors whose installations or relocations are not in the opinion of the engineer, likely to cause major disruptions in the public use of the right-of-way or create hazards which cannot be guarded against by moderate controls.

(2) Department procedures shall detail the types of construction activities that may be performed by a utility purveyor under a Type D7 permit.

(3) Any necessary backfill of utility trenches and/or restoration of the pavement surface shall be performed by the permittee in accordance with the EDDS and to the satisfaction of the engineer.

(4) A Type D7 permit shall be valid for a term of one year from the date on which the permit is issued, unless a different term is specified on the face of the permit. Type D7 permits shall not be renewable.

(5) A permittee using the right-of-way under a Type D7 permit must provide advance notice to the department of each installation, relocation or other construction activity the permittee intends to perform under the Type D7 permit, as specified in department procedures.

(6) A utility purveyor who fails to comply with the provisions and conditions of its franchise or C10 permit, this title, and all applicable standards and regulations will not be eligible for a Type D7 permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 46, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).