Chapter 8.25
FRANCHISES FOR FACILITIES ON COUNTY ROADS AND PROPERTY
Sections:
8.25.010 Franchise required—Exceptions—Irrigation wastewaters.
8.25.040 Application for exemption—Appeal.
8.25.060 Facilities in violation of this chapter are public nuisances.
8.25.075 Right-of-way franchise fees.
8.25.080 Review of Sections 8.25.030 and 8.25.040.
8.25.010 Franchise required—Exceptions—Irrigation wastewaters.
(1) Unless exempted by law, no person or company, including private or municipal corporations, may use the real property of Chelan County or the right-of-way of Chelan County roads, including bridges, trestles, and other structures, for construction and maintenance of its facilities, including waterworks, gasworks, pipes, conduits, poles, towers, electric lines, wire lines, cable television, sewers, irrigation ditches, or other such facilities and their appurtenances, except under the authority of a franchise granted by the board of county commissioners; except, a facility serving a single-family residence, or a facility of a nature and with an impact on the right-of-way similar in scope and magnitude to a facility serving a single-family residence, may be exempted from the franchise requirement by the county engineer on a case-by-case basis and shall be subject to the permit requirement of Section 8.25.040.
(2) When the United States Bureau of Reclamation or irrigation districts must permit their irrigation wastewaters to encroach upon or cross highway rights-of-way in carrying them to a natural drainage channel or an established waterway or drainage ditch, said Bureau of Reclamation or irrigation districts shall request permission to do so under the provisions of this chapter and Chapter 36.55 RCW.
(3) Except for discharges exempted at Section 13.14.050(1)(A)(vii), discharge of irrigation wastewaters into normal highway ditches or irrigation wastewaters carried in laterals parallel to and within county right-of-way may only be allowed under authority of a franchise or permit.
(4) Collection and discharge or diversion of surface waters, groundwater, domestic water, or sewage into normal highway ditches is prohibited. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.020 Existing franchises, permitted facilities, and permitted irrigation wastewater discharges remain valid.
(1) Franchises granted by the board of commissioners prior to the effective date of this chapter are confirmed and remain valid.
(2) Existing facilities and irrigation wastewater discharges under authority of an easement, reservation, or permit in existence prior to the effective date of this chapter, including facilities and irrigation wastewater discharges previously “grandfathered” by the county, are confirmed and remain valid. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.030 Existing facilities installed or discharge of irrigation wastewaters without a franchise or permit— Application required.
Within one hundred eighty calendar days of the effective date of this chapter, any person or company, whose existing facilities are located within or on Chelan County real property or the right-of-way of any Chelan County road without a franchise or a county-issued permit, or who discharges irrigation wastewaters into a normal highway ditch or a lateral parallel to and within county right-of-way, shall apply to the board of county commissioners for a franchise, a permit, or a determination of exemption from the franchise requirement; except, application for a determination of exemption for a facility serving single-family residence or a similar facility as described in Section 8.25.010 shall be to the county engineer. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.040 Application for exemption—Appeal.
(1) A person or company applying for a determination of exemption pursuant to Sections 8.25.010 and 8.25.030 shall file written application for determination of exemption with the board of commissioners or the county engineer, depending on the exemption requested, and the application shall include the following information and documents:
(A) Applicant’s identity and contact information for the applicant;
(B) The factual and legal basis for the claim of exemption;
(C) Description of the purpose, nature, and type of facility claimed to be exempt;
(D) Maps, drawings, plans, as-builts or other documents showing the existing or proposed facility’s components and construction information in sufficient detail to determine the location and impact of the applicant’s facility on county road right-of-way or property.
(2) The county engineer shall issue a written decision determining whether the requested exemption for a facility serving a single-family residence, or a similar facility, is granted. Appeal of the county engineer’s written decision must be made in a writing explaining the basis for the appeal and must be filed with the board of commissioners within fourteen calendar days of the date of issuance of the decision.
(3) Within thirty days of the filing of an application for an exemption with the board, or the filing of an appeal of the county engineer’s decision, the board of commissioners shall conduct a public hearing to consider the application for exemption or the appeal of the county engineer’s written decision. The written decision of the board of commissioners shall be final on the date of issuance. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.050 Permits required.
(1) Except as authorized by the grant of franchise, a franchise holder shall not perform construction or maintenance work within or on the real property of Chelan County or the right-of-way of any Chelan County road without a permit issued by the county engineer pursuant to Titles 8 and/or 15.
(2) Persons or companies exempt from the franchise requirement of Section 8.25.010 shall not perform construction or maintenance work within or on the real property of Chelan County or the right-of-way of any Chelan County road, except under the authority of a permit issued pursuant to Titles 8 and/or 15, and as a condition of permit issuance, shall enter into an indemnification and hold harmless agreement with the county to the full extent allowed by law. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.060 Facilities in violation of this chapter are public nuisances.
(1) Facilities constructed and maintained within or on county real property or county road right-of-way in violation of this chapter are hereby declared to be unauthorized encroachments upon county real property or county road right-of-way and detrimental to public health, safety, and welfare, and are hereby further declared to be public nuisances.
(2) Except for discharges exempted at Section 13.14.050(1)(A)(vii), collection and discharge or diversion of surface waters, groundwater, domestic water, sewage, or irrigation wastewaters in violation of this chapter are hereby declared to be unauthorized encroachments upon county real property or county road right-of-way and detrimental to public health, safety, and welfare, and are hereby further declared to be public nuisances.
(3) Chelan County may abate nuisances under this chapter by any lawful means and may recover costs of abatement and place liens upon real property as authorized by state law. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.070 Franchises.
(1) The board of county commissioners may grant franchises to persons or companies to use county real property or the right-of-way of county roads to construct and maintain facilities, including waterworks, gasworks, pipes, conduits, poles, towers, electric lines, wire lines, cables, sewers, irrigation ditches or other such facilities and their appurtenances.
(2) No franchise granted under this chapter shall confer upon any franchise holder an exclusive right, privilege or franchise to occupy or use the county right-of-way or other county property.
(3) The applicant for a franchise, or a franchise holder, shall pay all fees and taxes required by law and the franchise agreement. The applicant or the franchise holder shall pay and reimburse the county for all expense of proceedings and county costs, including, but not limited to, the costs of public notice, including all costs of publication, related to an application for a grant of franchise and the cost of other franchise-related public notice. Franchise holders may be required to pay franchise fees and utility taxes as authorized by law.
(4) Whenever county right-of-way or other county real property designated in a grant of franchise is no longer within the county’s jurisdiction by reason of vacation, incorporation, annexation to a city, eminent domain, or other lawful means, then all the rights, privileges and franchises so granted by the county shall terminate with respect to the portion of right-of-way or real property no longer within county jurisdiction. Further use of the former county right-of-way or real property shall be the sole responsibility of the franchise holder. At its sole discretion, the county may retain an easement within vacated right-of-way, or within former county real property, for the construction, repair, and maintenance of facilities authorized by franchise to be located therein.
(5) No franchise shall be granted for a period longer than twenty-five years.
(6) The facilities of the holder of any such franchise or permit shall be removed at the expense of the holder thereof to some other location on such county real property, if the board of commissioners determines in its sole discretion that use of the county property so requires; or, if the franchise holder’s facilities are in county road right-of-way, such facilities shall be removed at the expense of the franchise holder to some other location on such county road right-of-way in the event that said road, or any portion, is to be constructed, altered, or improved or the road becomes a primary state highway and such removal is reasonably necessary for the construction, alteration, or improvement thereof.
(7) To the fullest extent authorized by law and unless otherwise provided in a franchise, facilities constructed and maintained by a franchise holder on county real property or county right-of-way shall comply with the requirements of Chapters 8.26 and 15.30, as now or hereafter amended.
(8) Owners of facilities subject to this chapter who fail to secure the required franchise or permit for their facilities occupying county road right-of-way within the prescribed time frame may be required, at their sole risk, cost, and expense, to remove such unpermitted facilities from the county road right-of-way or county property. Upon removal of facilities, the owner of said facilities shall restore the county road right-of-way or the county property to its original condition, to the satisfaction of the county engineer, and at such facility owner’s sole cost and expense. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.075 Right-of-way franchise fees.
All franchise fees received from franchise grantees for franchises within the right-of-way of Chelan County roads shall be credited to the county road fund. (Res. 2017-69 (Exh. A), 8/1/17).
8.25.080 Review of Sections 8.25.030 and 8.25.040.
The county engineer shall initiate a review of Sections 8.25.030 and 8.25.040, and not later than thirty calendar days prior to the end of the second year following the effective date of this chapter, the county engineer shall submit a report to the board of commissioners for review and determination whether those sections should continue in force, or be amended or repealed. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.090 Effective date.
This chapter shall be effective on June 15, 2013. (Res. 2013-46 (Exh. A)(part), 6/11/13).
8.25.100 Severability.
If any provision of this chapter or its application is held invalid, illegal, or unconstitutional, in whole or in part, by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remainder of the chapter. (Res. 2013-46 (Exh. A)(part), 6/11/13).