Chapter 8.60
ROAD APPROACH PERMITTING
Sections:
8.60.020 Permit required for road approach construction or alteration.
8.60.040 County engineer responsibilities.
8.60.050 Applications for road approach permits.
8.60.070 Financial assurances—Refunds.
8.60.080 Construction standards—Permittee responsible for expense of construction.
8.60.090 Notice of completion of construction.
8.60.010 Short title.
This resolution shall be known as the road approach permitting code and may be cited as such. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.020 Permit required for road approach construction or alteration.
(1) No person shall be permitted to build, construct, reconstruct, or alter any approach to any county road within Chelan County, state of Washington, without first obtaining permission therefor from the board of county commissioners.
(2) Any approach to a county road constructed, reconstructed, or altered in violation of this chapter is deemed to be a nuisance.
(3) This chapter is supplemental to RCW 36.75.130. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.030 Applicability.
(1) This chapter shall apply to new approaches to county roads and to reconstruction or alteration of permitted approaches to county roads, including existing road approaches altered through subdivision or other land use action.
(2) Road approaches constructed and in use prior to March 19, 1943, are exempt from the requirements of this chapter, except as provided in subsection (1) of this section.
(3) Except as provided in subsection (2) of this section, unpermitted road approaches constructed and in use prior to the effective date of this chapter shall be in violation of this chapter unless application for a road approach permit is made prior to January 1, 2016. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.040 County engineer responsibilities.
(1) The board of county commissioners hereby delegates to the county engineer the responsibility of permitting road approaches to county roads.
(2) The county engineer shall adopt and make available the road approach application form to be used by applicants for road approach permits. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.050 Applications for road approach permits.
(1) Application for a road approach permit shall be made using the form adopted by the county engineer and shall be accompanied by the application fee and the financial assurance required under this chapter.
(2) Road approach permit application forms shall be available at the public works department and on the county website.
(3) An application for a road approach permit shall be submitted to the county engineer at the public works department. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.060 Fees.
The public works department shall collect fees for road approach permit applications according to the fee schedule set forth in county code; except, no fee shall be required for an application to permit a road approach constructed and in use prior to January 1, 2010. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.070 Financial assurances—Refunds.
(1) Before any road approach permit may be issued for a road approach to be constructed or altered, the applicant for the permit shall be required to furnish financial assurance in the form of a cashier’s check, or a surety bond approved by the county engineer, in the amount the county engineer determines sufficient for the estimated costs of restoration or repair of the county right-of-way to its condition prior to the construction, reconstruction, or alteration of the road approach. Such financial assurance shall not constitute liquidated damages and the permittee shall be responsible to the county for all cost and expense for restoring or repairing damage to the county right-of-way, and further, the permittee shall be fully responsible for violations of federal or state of Washington laws and regulations.
(2) If the permitted road approach is constructed, reconstructed, or altered by the permittee to the county engineer’s satisfaction, the bond shall be released or the deposit shall be refunded to the permittee. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.080 Construction standards—Permittee responsible for expense of construction.
(1) All new, reconstructed, or altered road approaches shall be constructed according to county development standards and in compliance with all federal, state of Washington, and Chelan County laws, regulations, and permit requirements, except as provided in subsection (3) of this section.
(2) The construction of approaches, culverts, fills, or such other drainage facilities as may be required, shall be under the supervision of the county road engineer, and all such construction shall be at the expense of the permittee.
(3) Road approaches in use prior to January 1, 2010, for which a land use permit application associated with the parcel served by the road approach has been received by the county, may be exempt from the requirements of subsection (1) of this section, as determined by the county engineer, if the following conditions are met:
(A) The land use permit application does not contemplate a change in land use for the subject parcel; and
(B) The land use permit application does not create an expected condition of higher vehicular use of the road approach or increased frequent use of larger vehicles than previously accessing the parcel; and
(C) The subject road approach does not constitute a safety hazard to the public; and
(D) The subject road approach does not have a history of adverse impacts to the county road or neighboring properties as determined by the public works department. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.090 Notice of completion of construction.
The permittee shall provide written notice of completion of construction of the road approach or alteration to the county engineer within ten calendar days of completion of such construction. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.100 Savings clause.
Resolution No. 2006-145 and the amending Resolution No. 2010-20, which are repealed by this resolution, shall remain in force and effect until the effective date of this resolution. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.110 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase in this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of the chapter. (Res. 2015-8 (Exh. A)(part), 1/6/15).
8.60.120 Effective date.
The resolution codified in this chapter shall become effective on February 1, 2015. (Res. 2015-8 (Exh. A)(part), 1/6/15).