Chapter 13.90
ESTABLISHMENT

Sections:

13.90.010    Establishment.

13.90.020    Process.

13.90.030    Freeholders’ petition.

13.90.040    Engineer’s report.

13.90.050    Notice of hearing.

13.90.060    Hearing.

13.90.070    Expense of proceeding.

13.90.080    Establishment in conjunction with land development.

13.90.010 Establishment.

Establishment of county roads is characterized as a Type E transaction. Road establishment shall be by the procedures in this chapter, which are in conformance to RCW 36.81, except where the engineer determines that establishment may be by dedication, other form of acceptance by the county, or prescription. An establishment of right-of-way only shall not create any responsibility on the county to construct or maintain any road or other public facility thereon. Establishment procedures in this chapter may be initiated in response to council request, or, when the engineer determines that the criteria for road establishment exist, may be initiated independently by the engineer on his/her own initiative or in response to a freeholders petition.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 64, June 12, 1996, Eff date June 29, 1996)

13.90.020 Process.

When, in the opinion of the engineer, an existing or proposed road is considered a public necessity, the road is practicable, the interests of the county would best be served by establishing such road as part of the county transportation system, and the engineer determines that establishment shall be by the procedures in this chapter, the engineer shall prepare an ordinance for consideration by the council to establish such road. The ordinance shall be accompanied by supporting exhibits consisting of:

(1) Where applicable, a freeholders’ petition as specified in Section 13.90.030 SCC;

(2) The engineer’s report with contents as specified in Section 13.90.040 SCC;

(3) A notice of public hearing as specified in Section 13.90.050 SCC;

(4) An itemized list of costs and expenses incurred in the examination, report, appraisal and deed preparation pertaining to the proposed establishment;

(5) A properly executed Statutory Warranty Deed conveying to Snohomish County the necessary right-of-way to support the establishment of the road;

(6) A properly filed record of survey depicting the correct right-of-way limits and road alignment. Such record must show the tracts of land over which the road passes, with the names, if known, of the several owners thereof. The record of survey shall include supporting field notes and profiles;

(7) Road construction plans in conformance with the Engineering Design and Development Standards depicting all required improvements to occur within the right-of-way. Such construction plans shall be approved by the engineer. The engineer may waive the requirement for construction plans where the establishment is of right-of-way only and the road is to be constructed at some later time and/or under a separate permit;

(8) A properly executed project improvement guarantee bond to assure proper performance of road improvements constructed in conjunction with the establishment process. The engineer may waive the requirement for a project improvement guarantee bond where the establishment is of right-of-way only and the road is to be constructed at some later time and/or under a separate permit;

(9) Any exhibits and other documentation deemed necessary by the engineer to adequately explain the proposed establishment of the road.

(Added Ord. 96-028, § 65, June 12, 1996, Eff date June 29, 1996)

13.90.030 Freeholders’ petition.

Ten or more freeholders may petition the council for the establishment of a county road in the vicinity of their residences, setting forth and describing the general course and terminal points of the proposed improvement and stating that the same is a public necessity.

(1) The petition must show the land owned by each petitioner and set forth that the proposed road is a public necessity and should be part of the county transportation system and that the public will be benefited by the establishment of the road.

(2) The petition shall be accompanied by an application fee in the amount specified in chapter 13.110 SCC.

(3) The engineer may require the petitioners to secure statutory warranty deeds and waivers of damages for the right-of-way from the landowners, and, in such case, the statutory warranty deeds and waivers shall be filed with the engineer prior to completion of the Engineer’s Report as specified in SCC 13.90.040.

(4) Subsequent to receipt of the petition and application fee, and upon being satisfied that the petition has been signed by valid freeholders of Snohomish County, the engineer shall proceed with the establishment process as specified in Section 13.90.020 SCC.

(Added Ord. 96-028, § 66, June 12, 1996, Eff date June 29, 1996)

13.90.040 Engineer’s report.

The engineer shall examine any county road proposed to be established. When after examination the engineer finds the road to be impracticable, he/she may report to the council without preparing a survey, ordinance and other attachments in accordance with Section 13.90.020 SCC. When after examination the engineer finds the road to be practicable, he/she shall report to the council on the following:

(1) The necessity of the road;

(2) The proper terminal points, general course and length thereof;

(3) The property width of right-of-way therefor;

(4) The estimated cost of construction, including all necessary bridges, culverts, clearing, grubbing, drainage, and grading;

(5) Whether the public will be benefited by the establishment of the road;

(6) Acceptability of title to the right-of-way to be conveyed to Snohomish County;

(7) Other factors as the engineer may deem of importance to be considered by the council including an itemized list of costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to such petition to establish the road.

(Added Ord. 96-028, § 67, June 12, 1996, Eff date June 29, 1996).

13.90.050 Notice of hearing.

The council, after reviewing the report of the engineer as specified in Section 13.90.040 SCC, may at regular council work session, modify and/or introduce the ordinance and set a public hearing for action on the report and proposed ordinance. Notice of the hearing shall be published by the council the county official newspaper at least once a week for two consecutive weeks preceding the date fixed for the hearing, and a copy of the notice shall be posted for at least twenty days preceding the day fixed for hearing at each end of the proposed county road thereof proposed to be established.

(Added Ord. 96-028, § 68, June 12, 1996, Eff date June 29, 1996).

13.90.060 Hearing.

On the day fixed for the hearing, the council shall consider the report of the engineer, together with any evidence for or any objection against such establishment. If the county road is found to be a public necessity and practicable, it shall be established by ordinance.

(Added Ord. 96-028, § 69, June 12, 1996, Eff date June 29, 1996).

13.90.070 Expense of proceeding.

Regardless of the council’s decision to establish or not to establish the road, the petitioners, or other proponent seeking the establishment shall pay to the county road fund, upon request, the itemized costs and expenses detailed in SCC 13.90.020(4), also identified as the permit fee under SCC 13.110.010(2)(b). Payment shall be made prior to recording of the ordinance and statutory warranty deed for establishment. Upon payment of these costs and the meeting of any other terms and conditions included in the ordinance granting establishment, the road shall be considered established.

(Added Ord. 96-028, § 70, June 12, 1996, Eff date June 29, 1996).

13.90.080 Establishment in conjunction with land development.

Where establishment of a county road is proposed as part of a development application that requires approval by the hearing examiner, and the engineer determines that the criteria for establishment exist, the function of the council as set forth in SCC 13.90.020, SCC 13.90.040 and SCC 13.90.060 may, upon written request by the developer, be performed by the hearing examiner. Council review of the report of the engineer and ordinance in accordance with SCC 13.90.050 shall not be required.

(1) The engineer shall prepare a motion for consideration by the hearing examiner for establishment of the county road, in lieu of the ordinance required by SCC 13.90.020.

(2) The hearing on the establishment shall be held concurrent with the open record hearing on the development proposal. Notice in accordance with SCC 13.90.050 shall be published by the department of planning and development services and incorporated with the notice of the hearing on the development proposal.

(3) The hearing examiner shall make findings as to whether the proposed county road is a public necessity and practicable, and shall make a recommendation to the county council as to whether establishment should be approved and any conditions that should apply. The hearing examiner’s recommendation shall be subject to reconsideration pursuant to SCC 2.02.167 to the same extent as any other hearing examiner decision.

(4) The county council shall consider such recommendation at a public meeting. If the county council determines that the county road should be established, it shall be established by motion.

(5) The county council may determine at the public meeting that additional public testimony is warranted to consider the establishment and set a date for an additional public hearing in accordance with SCC 13.90.050 and SCC 13.90.060.

(Added Ord. 96-028, § 71, June 12, 1996, Eff date June 29, 1996).