Title 9
ROADS, HIGHWAYS AND BRIDGES*

Chapters:

9.04 Road Vacation

9.08 Changing of Names of County Roads

9.16 License for Use of Unopened Rights-of-Way

9.21 Motorist Informational and Private Road Name Signs

9.26 Repealed

9.33 Bridge Weight Limits

9.35 Emergency Load Limitation on County Roads

9.36 Revision of Sequim Corporate Boundary by Substituting Certain Road Right-of-Way Lines

9.44 Use of Public Ways

9.48 Accommodation of Utilities on County Road Right-of-Way

*Code reviser’s note: Clallam County franchises are on file with the Public Works Department. Contact the Clerk of the Board for more information.

Chapter 9.04
ROAD VACATION

Sections:

9.04.010 Purpose.

9.04.020 Classification.

9.04.030 Definitions.

9.04.040 Application.

9.04.050 Compensation.

9.04.060 Severability.

SOURCE: ADOPTED:

Ord. No. 55, 1974 10/03/74

AMENDED SOURCE: ADOPTED:

Ord. No. 745, 2003 11/18/03

9.04.010 Purpose.

The purpose of this chapter is to provide uniform criteria for the application, valuation, and reimbursement to Clallam County for vacation of county roads within Clallam County pursuant to the Road and Bridges Vacation Act (Chapter 36.87 RCW).

9.04.020 Classification.

The County Engineer is hereby directed to classify all County roads for which public expenditures were made in the acquisition, improvement, or maintenance of the same, according to the type and amount of expenditures made and the nature of Clallam County’s property interest in the road; and is further directed to separately classify County roads for which public expenditures have not been made in the acquisition, improvement or maintenance of the same, according to the nature of Clallam County’s property interest in the road.

9.04.030 Definitions.

(1) “County” means Clallam County, State of Washington.

(2) “County road” means a public right-of-way which lies outside the limits of any incorporated city, and that has been dedicated to, deeded to, established by usage, maintained, or otherwise established by the County. Such County roads shall be classified as follows:

(a) “Class A” means any County road right-of-way, public use right-of-way and/or active County road located in the unincorporated areas of the County, and/or:

(i) Which has been assigned a County road number or is in the County road maintenance system; or

(ii) Which has had public funds spent in the acquisition, development, improvement, maintenance, or management of said right-of-way or road.

(b) “Class B” means any County road right-of-way or public use right-of-way located in the unincorporated areas of the County which are either opened or unopened, and:

(i) Which has had no public funds spent in the acquisition, development, improvement, maintenance, or management of said right-of-way; and

(ii) Was acquired by plat dedication, waiver, right-of-way deed or easement.

(c) “Class C” means any right-of-way where any public interest in that right-of-way was extinguished (or vacated) automatically by operation of law, prior to March 12, 1904, because they remained unopened for five years after authority was granted for opening them in accordance with Section 32, Ch. 19, F. 603, Laws of 1889-1890. As such, the County does not offer any procedure, formal or informal, that would recognize or formalize this automatic extinguishment of the public’s interest in a Class C right-of-way.

9.04.040 Application.

Petitions for Class A and Class B road vacations shall be submitted, along with fees as provided by the Board of County Commissioners, in writing to the Department of Public Works. The petition shall be signed by the owners of a majority of the frontage of the County road or portion thereof proposed to be vacated. The petition shall name a principal petitioner, show the land owned by each petitioner, and set forth that the County road is useless as a part of the County road system and that the public will be benefited by its vacation and abandonment.

9.04.050 Compensation.

The valuation basis for compensating the County for the “land value” component on any right-of-way being vacated will be determined by the “across the fence value.” The “across the fence value” will be the adjacent parcel’s current fair market assessed land valuation as established by the Clallam County Assessor’s Office, or by County acquisition documents of record, whichever value is greater. In the absence of a fair market assessed land value being determined by the County Assessor’s Office or if the County determines a separate appraisal is warranted, a current appraisal will be performed by County staff. Any and all costs associated with appraisal(s) will be reimbursed to the County according to RCW 36.87.120.

For purposes of calculation of the “land value” component, Class A land will be compensated at 100 percent using the above valuation basis and Class B land will be compensated at 50 percent of said above valuation basis; except any right-of-way which qualifies under RCW 36.87.090 and has not otherwise had public rights reacquired. Right-of-way which qualifies under said RCW will have no compensating value to the County.

For purposes of calculation of the “improvement value” component, Class A land will be compensated at the rate of $3 per square foot of road or at a rate as adjusted periodically by the County Engineer to reflect the current costs of improved roads, plus the value of special improvements, if any, such as bridges, large culverts, and similar structures. The area of road surface on that portion of right-of-way being petitioned for vacation will be calculated by a method found reasonable by the County Engineer. The surface area will be calculated between the outermost margins of the developed portion of roadway, such as to the edge of the cut bank or fill slope, back of ditch, edge of shoulder, or edge of traveled surface.

Right-of-way held in fee will be considered Class A land for calculating “land value” and disposed of as provided for under RCW 36.34.010 and the petitioner(s) would need to be the successful bidder at public auction administered by the Clallam County Treasurer; except if it is involved in and disposed of in a land exchange approved by the Superior Court of Clallam County as outlined in RCW 36.34.330.

Compensation Requirement: The principal petitioner will be responsible to pay all costs and fees associated with the road vacation process, regardless of the County’s approval of vacation. Additionally, the petitioner will be responsible for reimbursement to the County for the value of the land, improvements, and for appraisals, before such vacation shall become effective. Exception: Compensation for the value of land and/or improvements may be waived by the County Commissioners for right-of-way being vacated if the land will remain open and accessible to the public without fee or restriction. Under this exception, compensation will still be required for expenses to the County for costs to process the vacation request.

9.04.060 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter and each section, subsection, paragraph, sentence, clause, and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses, or phrases be declared invalid or unconstitutional.

Chapter 9.08
CHANGING OF NAMES OF COUNTY ROADS

Sections:

9.08.010 Purpose.

9.08.020 Effective date.

SOURCE: ADOPTED:

Ord. No. 172, 1982 11/30/82

AMENDED SOURCE: ADOPTED:

Ord. No. 181, 1983 03/01/83

Ord. No. 554, 1994 07/26/94

9.08.010 Purpose.

The County has developed and adopted comprehensive and uniform road naming and addressing systems as components of the 911 emergency response system. These systems have eliminated previous local area road name duplications and eliminated future County-wide road name duplications. In order to preserve the integrity of addressing system, it is in the best interests of the County that County road names and private road names will not be changed.

9.08.020 Effective date.

This chapter shall take effect 10 days after this adoption.

Chapter 9.16
LICENSE FOR USE OF UNOPENED RIGHTS-OF-WAY

Sections:

9.16.010 Purpose.

9.16.020 Application.

9.16.030 Fees.

9.16.040 Timber rights.

9.16.050 Publication and notification.

9.16.060 Engineer’s report.

9.16.070 License.

9.16.080 Public maintenance.

9.16.090 Severability.

9.16.100 Effective date.

SOURCE: ADOPTED:

Ord. No. 244, 1984 11/06/84

AMENDED SOURCE: ADOPTED:

Ord. No. 600, 1996 07/16/96

9.16.010 Purpose.

The purpose of this chapter is to establish by ordinance procedures for granting licenses for private use of unopened County rights-of-way.

9.16.020 Application.

An application furnished by the Road Department must be completed by the applicant for a license showing the following:

(1) Name of road or street (if named).

(2) Either an agreement of all abutting landowners as to the location of the County right-of-way or a survey plat by a licensed surveyor showing the correct location of the County right-of-way.

(3) Names and addresses of all owners of abutting property.

(4) Construction plans, including cross-section of the proposed roadway together with a statement of materials to be used.

(5) Name of licensed contractor who will build the road (if applicable).

(6) Liability insurance policy with the County as an additional insured and a hold harmless agreement, indemnifying the County, associated with work, or occurring, within the County right-of-way during construction. Minimum liability limits under the policy shall meet or exceed those limits as set forth in the most recent Washington State Department of Transportation Standard Specifications Manual, Section 1-07.18 Public Liability and Property Damage Insurance, or equivalent in future publications, secondary to the specifications as shown herein. The insurance company providing coverage under this provision should have an AM Best rating of at least A-VI. Clallam County should be named as additional insured on the contractor’s policy. Contractor’s policy shall be considered primary to any insurance carried by the County. Contractor shall be responsible for losses falling within the deductible/SIR. Contractor shall have a waiver of subrogation in favor of the owner-Clallam County.

9.16.030 Fees.

The application shall be accompanied by a fee in the amount of $275 as reimbursement for expenses incurred in advertising, mailing, site inspection and other costs related to the license.

9.16.040 Timber rights.

If Clallam County determines that the right-of-way contains merchantable timber which belongs to Clallam County, the following steps shall occur prior to granting the license:

(1) The County Forester shall determine the stumpage value of the timber.

(2) If the value is less than $500, then the applicant shall pay the County said amount.

(3) If the value is more than $500, then the County shall sell the timber in accordance with the procedures and requirements of Chapter 36.34 RCW.

9.16.050 Publication and notification.

Notice of a public hearing on an application required herein shall be published in the County’s official newspaper 10 days preceding the date of the hearing, which shall be at a regular meeting of the Board of Clallam County Commissioners. Notification of the hearing date shall also be mailed to each property owner abutting said right-of-way.

9.16.060 Engineer’s report.

The County Engineer shall submit a report to the Board commenting on the qualifications of the contractor and the acceptability of the construction plans and addressing any problems that might arise from the road being opened as proposed.

9.16.070 License.

Following the public hearing the Board of County Commissioners may grant the license, if it determines that it would be in the public interest to do so. Any license so granted shall include the following provisions.

(1) The road construction plans and contractor must be approved by the County prior to construction.

(2) Construction must be started within six months, and completed within 12 months, of the granting of the license.

(3) The license shall be revocable at the will of the County.

(4) Assignability of the license shall be at the County’s discretion.

(5) The license shall be non-exclusive.

9.16.080 Public maintenance.

If, pursuant to this chapter and at no expense to Clallam County, a road is constructed or improved upon a County right-of-way which meets all County road standards, and the Clallam County Engineer so certifies to the Board, the Board of County Commissioners may, by resolution, accept the road into the County road system.

9.16.090 Severability.

If any portion of this chapter or any application thereof is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion thereof or any application thereof shall not affect the validity of the remaining portions of the chapter or its applicability to other persons or circumstances.

9.16.100 Effective date.

This chapter shall take effect 10 days after this adoption.

Chapter 9.21
MOTORIST INFORMATIONAL AND PRIVATE ROAD NAME SIGNS

Sections:

9.21.010 Purpose.

9.21.020 Definitions.

9.21.030 Applicability.

9.21.040 Specific service or tourist informational sign.

9.21.050 Private road name sign.

9.21.060 Business eligibility.

9.21.070 Seasonal covers.

9.21.080 Density.

9.21.090 Private road name eligibility.

9.21.100 Illumination.

9.21.110 Permit process.

9.21.120 Installation and maintenance.

9.21.130 Sign placement.

9.21.140 Annual maintenance fees.

9.21.150 Grandfathered signs.

9.21.160 Revocation.

9.21.170 Termination.

9.21.180 Public nuisance.

9.21.190 Appeals.

9.21.200 Severability.

9.21.210 Effective date.

SOURCE: ADOPTED:

Ord. No. 380, 1990 05/22/90

AMENDED SOURCE: ADOPTED:

Ord. No. 751, 2004 04/06/04

9.21.010 Purpose.

The purpose of this chapter is to provide motorists with adequate directional information to local private roads and to local qualified business by establishing standards for the type, design, placement, size, and maintenance of private road name signs and motorist information signs in, on or above any Clallam County road right-of-way. The chapter is designed to ensure traffic and pedestrian safety as well as enhance and promote the aesthetic appeal of all County roads.

9.21.020 Definitions.

The following terms when used in this chapter have the following meanings:

(1) “Department of Public Works” means the Clallam County Department of Public Works.

(2) “Principal road” as referenced in this ordinance refers to State Route 101 or State Route 112.

(3) “Private road name” means any name approved and affixed by the County to any private road located within Clallam County excluding the incorporated cities of Sequim, Port Angeles, and Forks.

(4) “Specific service business” means any business lawfully established pursuant to State and local ordinances, including but not limited to zoning, building, health, or land division and providing one or more of the following services: gas, food, lodging, or camping or RV park.

(5) “Tourist-oriented business” means any business lawfully established pursuant to State and local ordinances, including but not limited to zoning, building, health, or land division and providing cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.

9.21.030 Applicability.

This chapter shall apply to and regulate all private road name signs and specific service or tourist informational signs located or being located in, on, or above any Clallam County road right-of-way. All other types of signs such as, but not limited to, political signs, real estate signs, for sale signs, general activities signs, or private road signs not approved by the County will not be allowed.

9.21.040 Specific service or tourist informational sign.

Signs shall be in accordance with, but not limited to, general service type signs as noted in Chapter 2D-46 (D9-1 to 14 of the Manual on Uniform Traffic Control Devices, MUTCD) as modified by the most current Washington State revision.

Signs will be 24 inches by 36 inches or smaller and will have reflectorized white letters, symbols, and border on a reflectorized or opaque blue background for all activities except camping or recreational activities which will have a brown background. Some deviation in size and color may be allowed at the discretion of the Department of Public Works by special request at the time the permit application is applied for.

A business logo, which may consist of the business identification symbol, name, brand, trademark, or combination thereof, may be used. The sign will be the same as noted above but symbols or trademarks may be reproduced in the colors and general shapes consistent with their customary use.

9.21.050 Private road name sign.

Signs shall be six inches high and rectangular in shape with a length to accommodate the full road name including conventional acceptable abbreviations for supplementary lettering to indicate type of road (e.g., St., Ave., or Rd.) and/or direction (e.g., N. or S.). An additional sign of the same dimensions with “PVT,” to denote the road as being private, will be installed directly below the road name sign.

Lettering for the road name will be four inches high with supplementary lettering being two inches high. Letters will be a reflectorized white on a reflectorized or opaque green background.

Lettering for the “PVT” sign will be black and four inches high on a reflectorized white background.

9.21.060 Business eligibility.

Specific service or tourist businesses to be eligible for sign placement must be located within five miles of the principal road, not be visible from the principal road, and incorporate one or more of the following activities: gas, food, lodging, camping or RV park, recreation, or tourist-oriented business.

Service and business activities shall comply with the laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of service or business facilities. Activities, generally, will conform to those standards listed in the WAC 468-70-050.

Some leeway may be allowed, at the discretion of the Department of Public Works, in the distance requirement from the principal road if no other similar activities are found within five miles of the principal road.

9.21.070 Seasonal covers.

If a business, service, or activity is of a seasonal nature, provisions will be made by the permittee to cover the permitted signs during the off-season when the business, service, or activity is not in operation or use.

9.21.080 Density.

Signs pursuant to this chapter shall only be placed near intersections of public and/or private roads where information is required to direct motorists to qualified specific service or tourist-oriented businesses. The Department of Public Works may require signs to be grouped together on one sign and/or limit the number of individual signs on any one road.

Qualified businesses shall only be permitted to have one sign per business on an approved access route to the qualified business. Additional signs may be allowed for each intersection change required to direct the motorist to the qualified business. A secondary route to the business with signage may be approved by the Department if at the determination of the Department that the secondary route is served by a County arterial or collector which carries traffic which would serve such business without unduly impacting local traffic volumes.

9.21.090 Private road name eligibility.

A private road to be eligible for sign placement must meet the requirements set by Chapter 19.40 CCC, Creation of a 911 Addressing System, and the road name chosen be acceptable to the majority of the property owners fronting or using the road as access to their properties. The road name must also be acceptable to the Department of Public Works and not conflict with any existing county, city, or private road name within the County.

To sign a private road the application must show a list of the property owners fronting the road or using the road for access to adjacent properties, have a signed petition showing a majority of the property owners agree to the name, and have a map that shows the location of the road being named. One property owner must be named on the application as being responsible for the rest of the owners and ensure all of the parts of this chapter are carried out.

9.21.100 Illumination.

Illumination, either direct or indirect, from the right-of-way or outside of the right-of-way will not be allowed on or for any sign covered by this chapter.

9.21.110 Permit process.

(1) Required. No person shall erect, relocate or otherwise construct or alter any sign in, on, or above any Clallam County road right-of-way without first obtaining an approved permit from the Department of Public Works of the County of Clallam, State of Washington. A separate permit will be required for each business entity but not for each sign for the same entity.

Each sign shall be listed on the permit. After the permit is approved no modification of the size, type, or location shall be allowed without the written permission of the Department of Public Works.

(2) Permit Application. Each permit application shall be filed with the Department of Public Works on a form provided by the Department and shall contain the following information:

(a) Business name or private road name and the location of the business or road.

(b) If the application is for a private road name sign, a list of property owners that front or use the road for access to their property shall accompany the application along with a signed petition of those in favor of the name and a map showing the location of the road.

(c) Business owner, lessee, or responsible party for a private road name including applicable addresses.

(d) Justification for the sign(s) (e.g., gas, food, lodging, camping or RV park, tourist-oriented business, private road name).

(e) Number of signs applied for and a description of each sign including dimensions, materials, copy, and logos, symbols or trademarks, if any, including colors and designs customarily used.

(f) Distance, in feet, from the nearest intersection to the desired location for each sign including which side of the road the sign will be on. The ultimate location of each sign will be at the discretion of the Department of Public Works.

(g) For “follow thru or blaze signs” in conjunction with a Washington State permit for motorist information signing, proof that the State permit has been applied for will be required. Permits for the “follow thru or blaze signs” will be conditional and signs not installed until a copy of the approved State permit has been provided to the Department of Public Works.

(h) Route description from principal road to qualified business.

(i) Zoning designation, zoning or land use permits applicable to the subject property, SEPA threshold determinations, if applicable, copy of plat and deed restrictions, if any.

(3) Permit Fees. For specific service or tourist informational signs the permit fee, as set by Chapter 5.100 CCC, will be submitted with each application. This fee is intended to reimburse the County for the cost of locating and installing each sign and for the administrative costs incurred by each application.

No permit fees will be required for private road name signs.

If the permit application is rejected for any reason other than false and/or misleading statements made on the application, the fees will be refunded. Permit fees, at the discretion of the Department of Public Works, may or may not be refunded for false and/or misleading statements made on the application.

If a sign or signs on a multiple sign application are rejected and the remaining portion of the application approved, that portion of the permit fee pertaining to the rejected sign or signs will be refunded.

(4) Burden of Proof. At every stage of the application process, the burden of demonstrating that the business is qualified under this chapter and that the information is true and correct and otherwise consistent with State and local regulations, is upon the applicant.

9.21.120 Installation and maintenance.

For specific service or tourist informational signs, sign face(s) shall be supplied by the permit applicant after the permit is approved by the Department of Public Works. If the sign(s) are not received at the Department of Public Works or the Port Angeles Maintenance Facility for installation within 90 days after notification of approval, the permit will become null and void and permit fees, minus suitable administrative costs as determined by the Department of Public Works, will be returned to the permit applicant.

Sign faces for private road name signs and sign posts for both private road name signs and specific service or tourist informational signs will be supplied by the Department of Public Works. Installation and maintenance of all signs will be by County forces.

Specific service or tourist informational sign face(s) damaged or destroyed by other than County forces will be replaced by the applicant at the request of the Department of Public Works. Sign faces damaged or destroyed by County forces will be replaced by the Department of Public Works. Damaged or destroyed sign posts will be replaced by the Department of Public Works and the sign(s) re-installed by County forces.

9.21.130 Sign placement.

Signs will not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic signal, sign, or device or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic, nor will signs, in any way, constitute a safety hazard to any pedestrian or vehicle operator.

The location and placement of the sign or signs along the road right-of-way will be designated by the Department of Public Works. Every effort will be made by the department to locate sign(s) at the locations requested in the permit application.

Any sign(s) moved from the location designated by the Department of Public Works will cause the permit to be revoked and no permit fees will be refunded.

9.21.140 Annual maintenance fees.

For specific service or tourist informational signs an annual maintenance fee, as set by Chapter 5.100 CCC, will be assessed to cover the cost of maintenance and upkeep. Annual fees will be due on or before January 15th of each year. If fees are not paid within 60 days of the due date the permit will be revoked, the sign(s) removed, and a new permit will be required to re-install the signs.

No annual maintenance fees will be required for private road name signs.

9.21.150 Grandfathered signs.

Owners of signs not in conformance with this chapter were given a year from the date the chapter was originally adopted (May 22, 1990) to comply with the requirement of the chapter. No allowances will be made for any signs found to not be in conformance with this chapter. Such signs will be considered as a public nuisance and will be treated in accordance with CCC 9.21.180.

9.21.160 Revocation.

Permit applications will be reviewed by the Department of Public Works on a regular basis for compliance with CCC 9.21.060, Business eligibility, and CCC 9.21.090, Private road name eligibility. Business or service activities or private road names found in noncompliance with these sections will have their permits revoked.

Permits will also be revoked for, but not limited to, the following: failure to provide the services and/or facilities stated in the permit application; making false or misleading statements in the application; creating an unsafe condition or hazard; or for reasons stated elsewhere in this chapter.

9.21.170 Termination.

Upon termination of the permit by the applicant or revocation of the permit by the Department of Public Works, the sign(s) will be removed, the permit applicant notified, and the signs taken to the County Maintenance Facility in Port Angeles. Sign(s) will remain at the facility for 30 days after notification during which time the permit applicant or his representative may pick them up. Any signs left over the 30-day limit will be disposed of at the County’s convenience.

9.21.180 Public nuisance.

Any sign(s) erected or maintained in, on, or above any County road right-of-way that are contrary to the provisions set forth in this chapter are declared a public nuisance and the Department of Public Works is authorized by this chapter to remove and dispose of said sign(s).

9.21.190 Appeals.

All actions by the Department may be appealed to the Board of County Commissioners by the applicant or by an aggrieved person by filing a written notice of appeal setting forth the basis for said appeal with the Clerk of the Board within 10 days following the Department’s action, together with a fee of $100. The Board shall consider the basis of the appeal in a public meeting not later than 30 calendar days following the receipt of the appeal.

9.21.200 Severability.

If any provision of this chapter or its application to any business, person, private road, or circumstance is held invalid, the remainder of the chapter or its application to any business, person, private road, or circumstance shall not be affected.

9.21.210 Effective date.

This chapter shall take effect 10 days after adoption.

Chapter 9.26
SIGNS*

SOURCE: ADOPTED:

Ord. No. 517, 1993 08/24/93

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

REPEALED: ADOPTED:

Ord. No. 694, 2000 06/13/00

*Code Reviser’s Note: See Chapter 33.57 CCC for sign regulations.

Chapter 9.33
BRIDGE WEIGHT LIMITS

Sections:

9.33.010 Weight limits.

9.33.020 Signs to be installed.

9.33.030 Penalty.

SOURCE: ADOPTED:

Ord. No. 585, 1996 03/12/96

AMENDED SOURCE: ADOPTED:

Ord. No. 589, 1996 05/14/96

Ord. No. 633, 1998 02/17/98

Ord. No. 676, 1999 09/07/99

Ord. No. 734, 2003 02/25/03

9.33.010 Weight limits.

Pursuant to RCW 46.61.450, Clallam County hereby declares that the use by vehicular traffic on the following bridges shall be restricted and gross vehicle weights and sizes shall not exceed the limits set forth on the following page:

Note: Truck Type:

a = single unit truck, AASHTO Type 3
b = truck and trailer, AASHTO Type 3S2
c = truck and semi trailer, AASHTO Type 3-3

Bridge # and Name	Road Name	Stream Name, Section, Twp. & Range	Truck Type	Gross Weight Limit – Tons
11200BR1 Sol Duc River	Quillayute Road	Sol Duc River S11, T28, R14W	a	24
			b	36
			c	40
18760BR1 Weel	Weel Road	Clallam River S38, T32, R12W	a	24
			b	34
			c	40
19400BR1 Clallam Slough	Frontier St.	Clallam Slough S21, T32, R12W	a	21
			b	33
			c	40
22990BR1 Lower Salt Creek	Crescent Beach Road	Salt Creek S21, T31, R8W	a	18
			b	28
			c	35
95250BR2 S. Meadowbrook	Sequim-Dungeness Way	Meadowbrook Creek S31, T31, R3W	a	21
			b	33
			c	40
95250BR3 Md. Meadowbrook	Sequim-Dungeness Way	Meadowbrook Creek S31, T31, R3W	a	22
			b	34
			c	40
30000BR1 Elwha River	Elwha River Road	Elwha River S10, T30N, R7W	a	6
			b	6
			c	6

9.33.020 Signs to be installed.

The County Engineer shall install and maintain, or cause to be installed and maintained for each bridge, suitable signs stating such maximum gross weight and size; provided, that signs shall be installed on the right-hand side of the road which traverses the bridge at a distance of not less than 100 feet from each end of such bridge and also on the approach thereto.

9.33.030 Penalty.

Pursuant to RCW 46.63.020 and 46.63.110, a violation of RCW 46.61.450 is designated as a traffic infraction punishable by a monetary penalty. In the event that the State Supreme Court fails to prescribe a penalty for violation of RCW 46.61.450 pursuant to RCW 46.63.110(2), a violation of the weight and size restrictions herein shall be punished by a penalty in an amount equal to that established by the State Supreme Court for infraction rules for courts of limited jurisdiction, Rule 6.2 (monetary penalty schedule for traffic infractions), as now or hereafter amended, for violations of posted road restrictions.

Chapter 9.35
EMERGENCY LOAD LIMITATION ON COUNTY ROADS

Sections:

9.35.010 Authority.

9.35.020 Declaration of purpose.

9.35.030 Definitions.

9.35.040 Emergency load limitations.

9.35.050 Special load limitations for authorized vehicles.

9.35.060 Maximum speed permitted on posted roads.

9.35.070 Penalty.

9.35.080 Action for damage.

9.35.090 Severability.

9.35.100 Effective date.

SOURCE: ADOPTED:

Ord. No. 608, 1997 02/04/97

9.35.010 Authority.

Pursuant to RCW 46.44.080, Clallam County may prohibit or restrict vehicle operation or vehicle weight whenever any County road, by reason of rain, snow, climatic or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted or their permissible weights reduced (such periods hereafter referred to as “load sensitive periods”). The Board of County Commissioners of Clallam County, Washington, upon recommendation of the County Engineer, has deemed it advisable to place certain restrictions on various County roads during load sensitive periods to protect such roadways from extensive damage.

9.35.020 Declaration of purpose.

It is the policy of the Board of County Commissioners to establish general emergency load limitations upon County roads during load sensitive periods; to establish special load limitations for school buses, motor trucks transporting perishable commodities, or commodities necessary to the health and welfare of County residents, and motor vehicles providing services necessary for health and welfare, when such emergency load limitations are in effect; to request the Clallam County Sheriff’s office assistance with weight control enforcement.

9.35.030 Definitions.

The definitions in this chapter shall control the meaning of terms used herein. Where no definition is expressly stated herein, a term shall have that meaning clearly indicated by, or reasonably implied from, the context in which such term is used.

“Authorized emergency vehicle” means any vehicle of any fire department, police department, sheriff’s office, coroner, prosecuting attorney, Washington State Patrol, ambulance service, public or private, which need not be classified, registered, or authorized by the State Patrol.

“Commodity necessary for health and welfare” means any thing provided to the pubic which is necessary to provide essential shelter, food, or fuel to people and animals.

“County Engineer” means the Clallam County Engineer, or his/her designee.

“County road” means every public highway or part thereof, outside the limit of cities and towns, and which has not been designated as a State highway, and which is shown on the Clallam County road log.

“Gross weight” means the total vehicle weight including load.

“Truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, animals or other things.

“Perishable commodity” means a product of agriculture, aquaculture, or manufacture which by its nature is subject to destruction, decay, deterioration, or spoilage except under proper conditions.

“Person” includes every natural person, firm, copartnership, corporation, association, or organization.

“Tire” includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.

“School bus” means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of “Specifications for School Buses” published by the State Superintendent of Public Instruction, but does not include buses operated by common carrier in urban transportation of school children.

“Service necessary for health and welfare” means any service provided to the public which is necessary to maintain essential power, gas, communications, garbage, sewer and water services for the public.

“Tire width” means the maximum overall normal inflated width, as stipulated by the manufacturer, when inflated to the pressure specified and without load thereon.

“Vehicle” includes every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway.

9.35.040 Emergency load limitations.

When the County Engineer determines that, during load sensitive periods, vehicles whose gross tire loads exceed those described in this section will seriously damage or destroy a County road, the County Engineer may impose the following limits on vehicle weights, except for authorized emergency vehicles.

CONVENTIONAL TIRES		TUBELESS OR SPECIAL WIDTH .5 MARKING
SIZE TIRE WIDTH	GROSS LOAD EACH TIRE	SIZE TIRE WIDTH	GROSS LOAD EACH TIRE
7.00 and under	1800 lbs.	8-22.5 and under	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.	11-24.5	2750 lbs.
11.00 and over	3000 lbs.	12-22.5 and over	3000 lbs.

The emergency load limitations imposed by this section shall become effective upon the erection and maintenance by the County Engineer of signs designating the load limitations (visible to the operator of a vehicle as he/she enters the restricted area), and shall remain in effect until the load sensitive period ends and such signs are removed by the County Engineer.

9.35.050 Special load limitations for authorized vehicles.

(1) In accordance with RCW 46.44.080, the operation (upon any County road within the County) of a vehicle or combination of vehicles exceeding the maximum loads specified in CCC 9.35.040, to the following classes of vehicles:

(a) Schoolbuses (no extracurricular activities).

(b) Milk trucks with dual tires on rear axles and on trailers.

(c) Trucks hauling perishable commodities. Drivers must be able to show proof that at least 50 percent of their load is fresh produce and/or perishables.

(d) Garbage vehicles making pickups required for health, e.g., schools, hospitals and institutions.

(e) Dead animal services required for health reasons.

(f) Vehicles or emergency equipment vendors hauling medical supplies (gases, drugs, etc.).

(g) Feed trucks.

(h) Fuel trucks.

(i) Vehicles engaged in septic tank pumping – emergency basis, one trip only.

(j) Public transportation vehicles.

(k) Vehicles providing service necessary for health and welfare.

(2) Operating a vehicle in one of the classes of vehicles listed in this section shall be subject to the following conditions:

(a) The gross weight of such vehicle shall not exceed that amount determined by multiplying the total number of tires concentrated upon the surface of the road times the maximum allowable gross weight per tire;

(b) No allowance shall be made for any second rear axle suspended from the frame of the vehicle independent of the regular driving axle, otherwise known as “rigid tail-axles;”

(c) Allowance will be made for single tires only on the front of a vehicle;

(d) The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axle in excess of the prescribed load, as set forth above, and any loading in excess of the specified maximum will be considered a violation of this chapter;

(e) In an attempt to comply with requirements of this section, the power unit of any combination shall be sufficiently designed to lawfully handle the designated weight;

The following limits on vehicle weights shall apply to vehicles operating under this section:

CONVENTIONAL TIRES		TUBELESS OR SPECIAL WIDTH .5 MARKING
SIZE TIRE WIDTH	GROSS LOAD EACH TIRE	SIZE TIRE WIDTH	GROSS LOAD EACH TIRE
7.00 and under	1800 lbs.	8-22.5 and under	1800 lbs.
7.50	2000 lbs.	9-22.5	2200 lbs.
8.25	2200 lbs.	10-22.5	2600 lbs.
9.00	2600 lbs.	11-22.5	3200 lbs.
10.00	3200 lbs.	11-24.5	3200 lbs.
11.00 and over	3600 lbs.	12-22.5	3600 lbs.

If a vehicle has 10-inch or wider tires on the front axle and otherwise qualifies for a permit, the vehicle may be allowed to have 10,000 pounds gross weight on said front axle under emergency load limitations.

Tires over 11 inches in width may be operated for loads of 3,000 pounds plus 400 pounds per inch of tire in excess of 11 inches, up to 5,250 pounds per tire.

Any vehicle operating under this section shall not exceed 25 miles per hour on any County road subject to emergency load limitations.

Where a specific hardship occurs, variances from these weight limitations may, in the discretion of the County Engineer, be issued on a case-by-case basis. Such variances may allow a vehicle to exceed the gross weight limits of this section, subject to specified times and routes of movement needed to protect the County roads from serious damage.

9.35.060 Maximum speed permitted on posted roads.

Except where applicable law specifies a lower speed, the County Engineer may post a reduced speed limit as low as 25 miles per hour upon any County road under emergency load limitations.

9.35.070 Penalty.

Any person violating any emergency load limitations on a County road during a load sensitive period shall be in violation of this chapter. A violation of this chapter shall constitute a traffic infraction under the provisions of RCW 46.44.080 and 46.44.150. subjecting the violator to the monetary penalties provided in Chapters 46.44 and 46.61 RCW.

9.35.080 Action for damage.

Any person operating a motor vehicle upon any County road in violation of any provision of this chapter shall be liable under RCW 46.44.110 and 46.44.120 for any damage caused to such County road as the result of such violation.

9.35.090 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this chapter; it being expressly declared that this chapter, and each section, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, clauses, or phrases be declared invalid or unconstitutional.

9.35.100 Effective date.

This chapter shall take effect 10 days after adoption.

Chapter 9.36
REVISION OF SEQUIM CORPORATE BOUNDARY BY SUBSTITUTING CERTAIN ROAD RIGHT-OF-WAY LINES

Sections:

9.36.010 Purpose.

9.36.020 Authority.

9.36.030 Approval of boundary revisions.

9.36.040 Effective date.

SOURCE: ADOPTED:

Ord. No. 647, 1998 09/01/98

9.36.010 Purpose.

The City of Sequim wishes to revise a portion of its corporate boundary along its southern city/county line to add a contiguous 690-foot by 30-foot strip south of the centerline of Reservoir Road westward from its intersection with Third Avenue. The existing boundary line at that location follows the roadway centerline; the proposed change would result in the full 60 right-of-way coming within City boundaries. The Board of County Commissioners has considered the report of the County Road Engineer, and has determined that it is in the County’s best interest to approve the boundary revision. The revision will define a more consistent corporate boundary along Reservoir Road and will more clearly delineate responsibilities for road maintenance, law enforcement, and related matters.

9.36.020 Authority.

Pursuant to RCW 35A.21.210, the governing bodies of a county and a city therein may, by agreement, revise any part of the corporate boundary of the city which coincides with the centerline or edge of a public road right-of-way by substituting therefor a right-of-way line of the same public road to fully include that road segment within the corporate limits of the city.

9.36.030 Approval of boundary revisions.

In accordance with and subject to the provisions of RCW 35A.21.210(2), the Board of County Commissioners hereby approves the following proposed boundary revisions:

Reservoir Road No. 50610 in its entirety may be included within the corporate boundary of the City of Sequim. That portion of Reservoir Road authorized for transfer to the City of Sequim is legally described as the East 660 feet of the North 30 feet of the Northwest Quarter of the Southeast Quarter of Section 30, Township 30 North, Range 3 West, W.M., Clallam County, Washington; and the North 30 feet of the West 30 feet of the Northeast Quarter of the Southeast Quarter of Section 30, Township 30 North, Range 3 West, W.M., Clallam County, Washington.

9.36.040 Effective date.

This chapter shall take effect 10 days after adoption.

Chapter 9.44
USE OF PUBLIC WAYS

Sections:

9.44.010 Public way usage – Permit required.

9.44.020 Violation – Penalty.

SOURCE: ADOPTED:

Ord. No. 3 08/20/45

9.44.010 Public way usage – Permit required.

From and after the taking effect of the ordinance codified in this chapter, it shall be unlawful for any person, firm or corporation, whether as principal or agent:

(1) To deposit rocks, limbs, branches, or any other debris, upon any public highway within the County of Clallam, including any embankment, shoulder, drainage ditch or any pertinent facility used in the maintenance, travel or operation of any public highway.

(2) To erect, install or maintain any guy wire, line, cable or rope over or across any portion of any public way within the County of Clallam.

(3) To tear up, destroy, interfere with, or in any manner deface the surface of any public way within the County of Clallam, including the shoulders and ditches constructed and maintained in the operation thereof.

Provided, however, that any person, firm or corporation may, upon application first made to the Board of County Commissioners of Clallam County, secure a temporary permit to use and occupy such portion of the public ways within the County as the said permit may designate, and erect temporary facilities upon, across and over said public ways, upon having first indemnified the County against loss to it or the persons using the public ways of the County, upon such terms and conditions as the Commissioners shall specify, and no such permit shall be valid until the indemnity subscribed by the Board of County Commissioners shall have been accomplished and made effective by the applicant for the permit.

9.44.020 Violation – Penalty.

Any person, firm or corporation who shall violate or fail to comply with any provision of this chapter shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $250, or imprisoned in the County Jail for a term not exceeding 90 days, or by both such fine and imprisonment.

Chapter 9.48
ACCOMMODATION OF UTILITIES ON COUNTY ROAD RIGHT-OF-WAY

Sections:

9.48.010 Purpose.

9.48.020 Application.

9.48.030 Definitions.

9.48.040 General conditions and requirements.

9.48.050 Permits.

9.48.060 Specific requirements – Underground utilities.

9.48.070 Specific requirements – Overhead utilities.

9.48.080 Aesthetic, scenic, and maintenance considerations.

9.48.090 Installations on roadway bridges and structures.

9.48.100 Miscellaneous provisions.

SOURCE: ADOPTED:

Ord. No. 797 08/15/2006

9.48.010 Purpose.

The purpose of this chapter is to establish County administrative and procedural policy needed to accommodate the installation and relocation of all above- and below-ground utilities located within County road right-of-way. Road Resolution 5, adopted January 20, 1972, by the same name is hereby repealed.

9.48.020 Application.

This chapter applies to all franchises and permits issued pursuant to RCW 80.32.010, 80.36.040, Chapter 36.55 RCW, and Clallam County Code, to all public and private utilities and other transmission or transport facilities, and to all installation, maintenance, repair, replacement, adjustment, and relocation of utilities within the County road right-of-way, including but not limited to electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables. Reference is also made to Chapter 136-40 WAC and WAC 136-50-055.

This chapter cannot address all situations and conditions that may be encountered. Specific provisions contained herein may not be appropriate for all locations and existing conditions. The chapter is intended to assist, but not substitute for, competent work by both road and utility design and installation professionals. This chapter is not intended to limit any innovative or creative effort that could result in better quality, better cost savings, or improved safety characteristics.

It shall be the responsibility of any Utility installing or relocating any of its facilities to ascertain and abide by the requirements and conditions of this chapter.

9.48.030 Definitions.

Unless otherwise stated, words and phrases used herein shall have the following meanings.

(1) “Appurtenance” means equipment and/or accessories which are a necessary part of an operating utility system or subsystem.

(2) “Backfill” means the replacement of excavated material with suitable material compacted as specified.

(3) “Boring” means grade- and alignment-controlled mechanical or other method of installing a pipe or casing under a road without disturbing the surrounding medium. This is typically done with a pneumatic tool that displaces the soil laterally without removing it.

(4) “Carrier” means a pipe directly enclosing a transmitted fluid or gas.

(5) “Casing” means a larger pipe enclosing an underground utility for the purpose of providing structural or other protection to the underground utility and/or to allow for underground utility replacement without re-excavation, drilling, or boring.

(6) “Coating” means a protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion and/or corrosion damage.

(7) “Conduit” means an enclosed tubular runway for protecting wires or cables.

(8) “Cover” means the depth to top of pipe, conduit, casing, gallery, or underground utility below the grade of a road prism or ground.

(9) “Drain” means appurtenances to discharge accumulated liquids from casings or other enclosures.

(10) “Drill” means to provide a void for underground utilities by augering through, and removing, the soil.

(11) “Encasement” means a structural element surrounding a pipe or conduit for the purpose of preventing future physical damage to the pipe or conduit.

(12) “Facility” means something that is built, installed, or established to serve a particular purpose.

(13) “Franchise” means the occupancy and use document granted by the County required for occupancy of road rights-of-way in accordance with Chapters 36.55 and 80.32 RCW.

(14) “Gallery” means an underpass for two or more utility lines.

(15) “Manhole” means an opening in an underground utility system into which workers or others may enter for the purpose of making installations, inspections, repairs, connections, cleaning, and testing.

(16) “Pavement” means the combination of subbase, base course, and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.

(17) “Permit” means a document issued under the authority of the County Engineer or Public Works Director or their designee. The permit provides specific requirements and conditions for specific utility work at specific locations within the right-of-way.

(18) “Pipe” means a structural tubular product designed, tested, and produced for the transmittal of specific liquids and gases under specific conditions.

(19) “Plowing” means the direct burial of utility lines by means of a ‘plow’ type mechanism, which breaks the ground, places the utility line at a predetermined depth, and closes the break in the ground.

(20) “Pressure” means the internal gage pressure in a pipe in pounds per square inch, gage (psig).

(21) “Private lines” means privately owned, operated and maintained utility facilities devoted exclusively to the use of the owner.

(22) “Relocation” means the planned change of location of an existing facility to a more advantageous place without changing the character or general physical nature of the facility.

(23) “Replacement” means the installation of a like element of a utility system or subsystem in the same or near-same physical location, normally due to damage, wear or obsolescence of the element.

(24) “Restoration” means all work necessary to replace, repair or otherwise restore the right-of-way and all features contained within to the same or equal condition as before any change or construction thereto.

(25) “Right-of-way” is a general term denoting public land, property, or interest therein, usually in a strip, acquired for or devoted to transportation or secondary purposes, and also applies to the plural (rights-of-way).

(26) “Road (or roadway)” means a general term denoting a street, road or other public way, including shoulders, designated for the purpose of vehicular and/or pedestrian traffic.

(27) “Sleeve” means a short casing through a pier, wall, or abutment of a highway structure.

(28) “Traffic control” means those activities necessary to safeguard the general public, as well as all workers, during the construction and maintenance of utility facilities within the right-of-way.

(29) “Trenched” means the installation of a utility in an open excavation.

(30) “Untrenched” means the installation of a utility without breaking the ground or pavement surface such as by drilling or boring.

(31) “Utility” means any facility physically located in, on, or above the ground and serving to distribute materials or services, as addressed in CCC 9.48.020. Alternatively, this means the company, person, agency, etc., owning such facility.

(32) “Vent” means appurtenance to discharge gaseous contaminants from casings or other enclosures.

9.48.040 General conditions and requirements.

(1) Location.

(a) Utility installations shall be located to minimize need for later adjustment to accommodate future roadway improvements, future utility expansions, and to permit access to servicing such installations with minimum interference to roadway traffic. Clallam County shall make available to utilities a copy of their six-year transportation improvement program (or capital facilities and transportation plan where required) in order to minimize both utility customer and road user inconvenience should future road improvements (on existing or new alignment) require adjustment or relocating of the utility facilities. Said utilities shall, within the limits of standard business practice, make available appropriate short- and long-range development plans to the County.

(b) Unless otherwise approved by the County, all above-ground utilities and their appurtenances as well as all above-ground appurtenances of below-ground utilities that may constitute a roadside obstacle or hazard for traffic using the road shall be located as close as practicable to the edge of the right-of-way line. If an appurtenance within the right-of-way would constitute an unacceptable roadside obstacle or hazard, said obstacle or hazard may be:

(i) Relocated to another place within the right-of-way;

(ii) Converted to a break-away design;

(iii) Crash-protected; or

(iv) Relocated to another location off the road right-of-way.

(c) Installations that are required for a road purpose, such as street lighting or traffic signals, are to be located and designed in accordance with this chapter.

(d) Where existing facilities are in place, new facilities shall be compatible with the existing installations and conform to this chapter as nearly as practicable.

(e) The County may restrict the location of utility service crossings and also the number of utility service crossings. The utility companies shall be responsible for anticipating their present and future needs to determine if several crossings can be combined via a single conduit or similar crossing.

(f) Work on County road right-of-way shall be performed only by licensed and bonded contractors experienced in the work involved or by the Utility’s own employees. If performed by the Utility’s own employees, they shall have proper training, experience and equipment, and be covered by the Utility’s insurance and bonding.

(2) Design – General.

(a) The Utility shall be responsible for the design of the utility facility being proposed. This responsibility shall include, in addition to the integrity of the proposed utility facility, provisions for public safety during the course of construction, as well as consideration of traffic safety and accident potential for the life of the installation. Design shall adhere to sound engineering principles and be performed by or under the supervision of a professional engineer licensed in the State of Washington, where required by State law.

(b) For work requiring application to the County (typically all work on County right-of-way or on County-owned property), the County will review the Utility’s plans with respect to:

(i) Location;

(ii) The manner in which the Utility’s facility is to be installed;

(iii) Measures to be taken to preserve safe and free flow of traffic;

(iv) Structural integrity of the roadway, bridge, or other structure;

(v) Ease of future road maintenance, and appearance of the roadway; and

(vi) Other relevant factors.

Work shall not begin until approval is given by the County.

(c) Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the right-of-way.

(d) Granting of a franchise or permit shall not imply or be construed to mean the County shall be responsible for the design, construction, or operation of the facility or for public safety during the facility’s installation, operation, or maintenance.

(3) Standards and Codes. All utility installations shall be designed in accordance with the standards, codes and regulations applicable to the type of utility. The methods of installation and materials used shall conform to the codes and standards promulgated by government and by the industry. This shall also include any road design standards that the County shall deem necessary to provide adequate protection to the road, its safe operation, appearance and maintenance including, but not limited to, the Washington State Standard Specifications for Road, Bridge, and Municipal Construction, latest version. The Washington State Standard Specifications for Road, Bridge, and Municipal Construction and the associated Washington State Standard Plans are considered the best sources of standards for installation and materials for most utilities.

(4) Adjustment and Relocation of Existing Facilities.

(a) Existing underground utilities on County road right-of-way shall be removed or relocated when work funded by the County would disturb the existing underground utility. All such removal or relocation shall be at the sole expense of the owning Utility and all work must be accomplished by the same permitting process as for new installations.

(b) Notwithstanding reinforcement or protection otherwise provided, a permittee shall be responsible for the security of each existing pipeline and utility within a road construction zone. Where there are unusual utility hazards or where heavy construction equipment will be used, the permittee shall provide adequate temporary protection. In replacing the roadway, the design should give due consideration to the protection of previously existing utilities in the roadway section without sacrificing the geometrics of roadway design.

9.48.050 Permits.

(1) General Requirements. A written permit is required for occupancy of road right-of-way by all utility facilities, including private lines.

(a) No facility shall be used for other than the purpose stated, unless written approval is granted by the County.

(b) A franchise is required for non-transportation related uses of the right-of-way. Reference should be made to the terms of the franchise for permit conditions in addition to those on the face of the permit. The franchise may also address requirements such as insurance, bonding, liability, annual fees, etc., which must be in order prior to issuance of a permit.

(c) Fees are applicable to most permits in accordance with Chapter 5.100 CCC or as may be changed at a future date.

(d) Permit applications shall be submitted to the County with enough time in advance of the proposed work to allow adequate time for County review. The required time will vary depending on the complexity of the proposed work. Permits should generally be submitted at least two weeks prior to when approval is needed. If time is of the essence, the Utility is encouraged to coordinate the design and timing of work with the County Engineer and to submit the permit application sooner than two weeks in advance, so as to ensure the permit can be issued in time.

(e) Work shall not commence until the permit has been approved by the County. Utilities shall adhere to the terms and conditions of the approved permit and to its attachments and referenced documents.

(f) Permits are not required for routine maintenance of existing facilities if:

(i) No excavation is required;

(ii) There is no impact to County facilities;

(iii) Proper traffic control is in place including flaggers when recommended;

(iv) The Utility is in compliance with the terms of the franchise (when a franchise is required); and

(v) The County has not otherwise required a permit.

(2) Specific Requirements. When required, permit applications shall be submitted in a standard format as prescribed by the County. The permit application shall include the following information:

(a) Agreement to all pertinent provisions of this chapter and to such special conditions as the County may deem appropriate.

(b) Description of the facilities to be installed.

(c) Adequate exhibits depicting existing or proposed location of the facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other location standards are anticipated.

(d) The permit application, including proposed utility locations, will be reviewed by the County Engineer to assure the proposed utility installations will not likely soon interfere with existing or planned road facilities or impair road maintenance and operations. Work may not begin until approved by the County Engineer.

9.48.060 Specific requirements – Underground utilities.

(1) Underground Utilities – Location and Alignment.

(a) For all crossings, the angle of crossing should be as near a right angle to the road centerline as practicable. However, lesser angles may be permitted based upon economic considerations of practical alternatives.

(b) Where practicable, crossings should avoid deep cuts, footings of bridges and retaining walls, or locations where roadway drainage would be affected.

(c) Longitudinal installations should run parallel to the roadway and, particularly for utilities with above-ground appurtenances, should lie as near as practicable to the right-of-way line. Installations that cannot be so installed will be allowed at another location within the right-of-way, provided that:

(i) The installation will not adversely affect the design, construction, stability, structural integrity, traffic safety, or operation of the road facility; or

(ii) Failure to allow such installation will create an undue hardship or financial burden upon the Utility. This exception requires the specific concurrence of the County Engineer, who may work with the Utility to modify the utility design to minimize road impacts. If no mutually agreeable design can be obtained, the Utility may need to secure additional funding or find another route to access the intended area.

(d) Where irregularly shaped portions of the right-of-way extend beyond the normal right-of-way limits, a uniform alignment of facilities may be allowed. In areas where right-of-way is less than standard, the County may, at its discretion, make efforts to obtain additional road right-of-way, which will provide a uniform offset for the utility.

(2) Underground Utilities – Cover. The grade, depth, and resulting cover for an underground utility shall be in compliance with applicable federal, State and County requirements unless otherwise specified. It shall be the Utility’s responsibility to know and apply these requirements.

(a) The grade of the top of the utility and its casing, if present, within the right-of-way shall comply with the applicable design standards for underground utility location and should not be less than (i) 42 inches for electric power lines, (ii) 30 inches below the pavement surface for utilities other than electric power lines, and (iii) two feet below any ditch, culvert, storm sewer or other drainage facility.

(b) Suitable bridging, concrete slabs, casings, or other appropriate measures as approved by the County Engineer shall be used to protect utilities which by reason of shallow bury or location makes them vulnerable to damage from road construction or maintenance activities. This requirement may be applied retroactively to existing utilities.

(c) Depth of cover may not be reduced for flammable, corrosive, or energized utilities without written request, with justification, to the County Engineer and without special and redundant measures being taken to assure protection of the utility from damage. If not precluded by such things as sidewalks, above-ground warning markers shall also be installed. Work may not proceed without permission of the County Engineer.

(3) Underground Utilities – Encasement.

(a) Casings shall be installed for roadway crossings where required by appropriate industry code.

(b) Casings may be required for the following conditions:

(i) As an expediency in the insertion, removal, replacement, or maintenance of a carrier line crossing or other locations where it is necessary in order to avoid open trench construction;

(ii) As protection for carrier lines from external loads, shock, or damage either during or after construction of a road;

(iii) For drilled or bored installations of coated carrier lines unless assurance is provided to the County that there will be no damage to the protective coating; and

(iv) As a means of conveying leaking fluids or gasses away from under the traveled way and to a point of venting at or near the right-of-way line or to a point of collection.

(c) Within the road right-of-way, where practicable, casing pipes shall extend beyond the toe of fill slopes, back of roadway ditch, or outside of curb.

(d) Other than for necessary vents and/or drains, casing pipes shall be sealed at both ends.

(e) Casing pipes shall be designed to support the load of the road and superimposed loads thereon and, as a minimum, shall equal the structural requirements for road drainage facilities (e.g. culverts). Casings shall be composed of materials of sufficient durability to withstand conditions to which they may normally be exposed.

(4) Underground Utilities – Uncased Carriers.

(a) The carrier pipe shall conform to the material and design requirements of the appropriate utility industry and governmental codes and specifications.

(b) The carrier pipe shall be designed to support the load of the road, plus superimposed loads thereon, when the pipe is operated under all ranges of pressure from maximum internal to zero pressure.

(5) Underground Utilities – Appurtenances.

(a) Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where required by federal safety standards. Vent standpipes should be located and constructed so as neither to interfere with maintenance of the road nor to be concealed by vegetation. Preferably standpipes should stand by a fence or on the right-of-way line.

(b) Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid, liquefied gas, or heavy gas. Drains for carriers of hazardous and non-hazardous materials alike shall be directed to natural or artificial holding areas to prevent the potential for surface or ground water contamination. Drains for which only water may discharge may be directed into the roadway ditch or natural water course at locations approved by the County. The drain outfall shall not be used as a wasteway for routine purging of the carrier unless specifically authorized by the County.

(c) Location markers and emergency information shall be used when required by applicable State and federal standards or by the County.

(d) Manholes should be designed and located in a manner that will cause the least interference to other utilities or future road expansion. Where practicable, installations in the pavement or shoulders should be avoided.

(e) Shut-off valves, switches, or other devices should be installed in the utility at or near ends of structures (e.g. bridges), near hazards where breakage is more likely (e.g., land slide areas) and where breakage would likely cause extraordinary adverse impacts (e.g., streams, wetlands, shorelines).

(6) Underground Utilities – Installation. Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise provided in the approved permit, be in accordance with the following controls:

(a) Trenched construction and backfill:

(i) Where the pavement must be removed, it first shall be cut in vertical, continuous straight lines. Cuts shall be made by saw or pavement grinder.

(ii) Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with the Washington State Department of Labor and Industries Safety Code.

(iii) The pipe or carrier will be installed and the trench shall be backfilled in a manner assuring that no deformation of the pipe will be likely to cause leakage or other damage. Backfill shall also be done in a manner to restore the structural integrity of the roadway structure. Specific trench backfill requirements regarding materials and methods will be provided by the County.

(iv) When trenching is approved within County right-of-way, the trench shall be backfilled with approved materials and be compacted. Pavement shall be restored as required by the County. Reference is hereby made to the County’s trench backfill details and requirements, which will be provided as part of the permit conditions.

(v) Care shall be taken in utility installations to avoid disturbing existing drainage ways and drainage facilities such as ditches, culverts, storm sewers, drains, under-drains, drywells, manholes, and catch basins. The County Engineer shall be notified when drainage facilities are damaged and shall also determine when satisfactory repairs have been completed by the Utility at no expense to the County.

(vi) Care shall be taken in utility installations to avoid disturbing existing utilities. When existing utilities are damaged, the owner of the damaged utility shall be notified and repairs made appropriately and at no expense to the County.

(vii) In certain areas, underground utilities should be backfilled with pervious material and outlets should be provided for entrapped water. Perforated drains shall be provided where necessary.

(viii) Tracer tape shall be installed above all underground utilities to provide warning to future excavators. Electric tracing wire systems should be installed where other above-ground methods cannot assure accurate field location or, for metal utility wires, where the system cannot be traced using the utility wire itself.

(b) Untrenched construction may be required for pipelines crossing roads paved with asphalt concrete or cement concrete and for roads paved with bituminous surface treatment when directed by the County.

(i) If sufficient right-of-way exists, the length of untrenched construction shall extend a minimum of four feet from edge of pavement or one and one-half times the depth of the utility, whichever is greater, except that a lesser standard may be permitted by the County Engineer where conditions warrant.

(ii) Overbreaks (collapse or failure of the excavation), unused holes, or abandoned casings shall be backfilled as directed by the County Engineer.

(iii) The proposed method of underground installation shall be one approved by the County Engineer. Water boring under roadways will not be permitted.

(iv) Existing carriers and conduit installed under a roadway shall be physically located prior to pipeline installation.

(c) Plowing of communication and electrical lines adjacent to existing roads by means of a vibrator plow may be allowed by the County, provided that the structural integrity of the roadway is not impaired.

(7) Underground utilities – One Call System. Utility facilities shall be located and identified in accordance with RCW 19.122.010 through 19.122.900 (Washington State One Call System).

9.48.070 Specific requirements – Overhead utilities.

(1) Power and Communication Lines.

(a) Single-pole construction and joint use of the pole is desirable and should be used whenever feasible.

(b) The minimum vertical clearance for overhead power and communication lines above the road and the minimum lateral and vertical clearance from bridges shall be in compliance with the National Electrical Safety Code and the National Electrical Code. In no case shall vertical clearance over a roadway be less than 18 feet.

(c) Where irregularly shaped portions of the right-of-way extend beyond the normal right-of-way limits, a uniform alignment of facilities may be allowed. In areas where right-of-way is less than standard the County may, at its discretion, make efforts to obtain additional road right-of-way, which will provide a uniform offset for the utility.

9.48.080 Aesthetic, scenic, and maintenance considerations.

(1) Utility installations shall be designed and constructed to minimize the adverse affect on existing roadside manmade or natural amenities. Special efforts shall be taken to minimize any potential negative impact on areas of scenic beauty (i.e., scenic strips, viewpoints, rest areas, recreation areas, public parks, or historic sites, etc.).

(2) Overhead utility installations will not be permitted in areas of scenic beauty, scenic strips, viewpoints, recreational areas, public parks, historic sites, etc., unless other utility locations are not available, are not technically feasible, are unreasonably costly, or are less desirable from the standpoint of visual quality, and provided the County Engineer concurs.

(3) Refuse and debris resulting from the installation or maintenance of the utility facilities shall be promptly removed once work is completed.

(4) No permit shall give the holder, nor any agent or contractor of the holder, any right to cut, spray, retard, remove, or in any other way modify the physical conditions of any vegetative material or natural feature on the right-of-way without the consent and approval of the County Engineer, except pursuant to subsection (6) of this section.

(5) All utilities shall be kept in a good state of repair both structurally and from the standpoint of appearance. If, in the County Engineer’s opinion, this is not being done, corrections may be required before the issuance of further permits to the Utility.

(6) The Utility shall trim brush, grass, trees, and all other vegetative matter from within the County right-of-way within a 10-foot radius of all above-ground appurtenances so as to aid in visual location of the utilities by County personnel. Trimming shall be performed as necessary to keep vegetative growth shorter than the appurtenance. This requirement applies retroactively. Herbicides and other chemical agents shall not be used. The cost and the repair of damage caused by the County to a facility that is not accordingly made readily visible shall remain the responsibility of the grantee.

(7) All work shall be performed using best management practices to prevent erosion and siltation and to prevent contamination of water (e.g., leakage of hydraulic fluids). The County can be consulted for a list of pre-approved practices.

9.48.090 Installations on roadway bridges and structures.

Attachment of utility lines to a roadway structure (including bridges) may be allowed where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance, and appearance. The attachment shall be in accordance with the following:

(1) Attachment of a utility shall not be considered unless the structure in question is of a design that is adequate to support the additional load and can accommodate the utility facility without compromise of highway features, including reasonable ease of maintenance.

(2) Manholes and other utility access panels should be avoided within the roadway portion of the structure.

(3) Attachment on a structure of a pipeline carrying a hazardous material shall be avoided where practicable.

(4) The utility attachment shall not reduce the clearance of a structure where such clearance is critical. Attachment to the outside of a structure should be avoided where there are reasonable alternatives.

(5) Utility mountings shall be of a type that shall not create noise resulting from vibration.

(6) The location of holes to be cut through abutments and piers, including walls, must be acceptable to the County Engineer. No reinforcing steel may be cut without prior approval by the County Engineer, who may require the steel to be first exposed for identification as primary or secondary reinforcement. Holes in wood shall be preservative treated as required by the County Engineer. The hole created in a structure abutment shall be sleeved, shall be of the minimum size necessary to accommodate the utility line, and shall be sealed to prevent any leakage of water or backfill material.

(7) The utility line back of the abutment shall curve or angle out to align outside the roadbed area in as short a distance as is operationally practicable.

(8) Communication and electrical power line attachments shall be suitably insulated, grounded, and preferably carried in protective conduit or pipe from point of exit from the ground to re-entry. Carrier pipe and casing pipe shall be properly isolated from electric power line attachments.

(9) Generally, utility attachments should be beneath the bridge floor, and also between the girders or beams, or within a box girder if the bridge is so equipped. The bottom of the utility should be at an elevation above the bottom of the superstructure. Attachments to the outside of a bridge should be avoided where there are reasonable alternatives.

(10) Utility location on a bridge which would inhibit access to any structural part for painting, repair, or maintenance will generally not be allowed.

(11) In consideration of the County’s need to work on the bridge using ladders, lift trucks, scaffolding, machinery, equipment, power tools, and other means, the utility installation on the bridge shall be of heavy duty and durable construction not prone to damage nor deflection by contact with such equipment. All conduits, including water, sewer, fluid, and air lines shall be steel or other approved metal. Plastic is not allowed on the bridge. An exception will be made for power lines where magnetic fields may create heat damage to the cable in metal conduit. In this case, schedule 80 PVC (or heavier) conduit may be used and additional support may be required to prevent sagging and movement of the more flexible conduit.

(12) To the full extent feasible, no new holes may be cut or drilled into the existing bridge or other structure for bolts or otherwise. Rather, utilities should be attached to existing bolts, shall be suspended from clamps, or shall be supported by beams that span the distance between supports. Attachment methods must be pre-approved by the County Engineer and be constructed as approved.

9.48.100 Miscellaneous provisions.

(1) Preservation, Restoration, and Cleanup.

(a) The size of disturbed area necessary to install a utility shall be kept to a minimum.

(b) Restoration methods shall be in accordance with the specifications of the County and/or special provisions of the franchise, permit, or agreement.

(c) Unsatisfactory restoration work shall be promptly corrected by the Utility. If necessary, unsatisfactory restoration work may be corrected by the County and billed to the Utility.

(d) Disposal of refuse and debris shall be done to the satisfaction of the County Engineer.

(e) The cutting of trees and brush, other than as required in CCC 9.48.080(6), and the disfiguring of any feature of scenic value is not permitted. The Utility shall repair or replace, in kind, any tree or shrub removed or disfigured when, in the opinion of the County Engineer, such is not necessary for the utility installation. If vegetation which needs to be removed may reasonably have commercial, aesthetic or screening value, the Utility must obtain the approval of the County Engineer before removal.

(f) Citizens often landscape or otherwise plant or place items in the public right-of-way. When this interferes with placement of a utility in its standard location, disturbance to the landscaping or other item(s) shall be coordinated with the County Engineer. Efforts will be made to minimize expense to the Utility while attempting to please the citizen.

(g) The Utility shall be responsible for any and all restoration or repair of any portion of bridge or road disturbed by the utility installation or use.

(2) Traffic Control and Public Safety.

(a) Traffic controls, including detours for all utility work, shall conform to the currently applicable “Manual on Uniform Traffic Control Devices (MUTCD)”, as modified by Washington State.

(b) All construction and maintenance operations shall be planned to keep interference with traffic to a minimum. On heavily traveled roads, construction operations interfering with traffic should not be scheduled during periods of peak traffic flow. Work shall be planned so that closure of intersecting streets, road approaches, or other access points is held to a minimum.

(c) Adequate provision shall be made to safeguard any open excavation, and shall include barricades, lights, flaggers, signs, road plates, barriers, and other protective devices as may be necessary.

(d) The storage of materials on or close to the roadways shall not be allowed, and parking of vehicles on or close to roadways shall be kept to a minimum.

(e) The Utility shall confine operations as much as possible to the non-traveled portion of the right-of-way, and all construction and maintenance activities shall be planned and carried out to keep interference to traffic to an absolute minimum.

(3) Emergency Repairs.

(a) All utility facilities shall be kept in a good state of repair. Emergency repairs shall be undertaken in a timely manner.

(b) If emergency repairs disturb the right-of-way, such repairs may be immediately undertaken and the right-of-way restored. Approval as to the manner of final restoration of the right-of-way shall be secured from the County in a timely fashion.

(4) Prior Land Rights. Where the utility facilities are to be adjusted to accommodate road construction and the utility has a prior property right in its location, the County and the Utility may enter into an agreement providing for joint occupancy of right-of-way consistent with the requirements of each party.

(5) Materials. All utility installations on, over, or under the surface of the right-of-way and attachments to bridges shall be of durable material designed for long service life expectancy and be relatively free from routine servicing and maintenance.

(6) Herbicides. Herbicides shall not be used in County right-of-way.

(7) Penalties. The County may, at its sole discretion, withhold the approval and granting of permit(s) required for occupancy of the right-of-way to any Utility who is not in conformance.