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. 244    11/06/84

AMENDED SOURCE:    ADOPTED:

Ord. 600    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.