Chapter 12.58
PRIMITIVE ROADS—UNOPENED COUNTY RIGHT-OF-WAY
Sections:
12.58.010 General.
Primitive roads or unopened public road rights-of-way not developed to the minimum design standard are not considered adequate for new construction and development activities. Driveway and road standards contained in this title shall apply for all permits requiring approval under this title except as noted in DCC Section 12.58.030. These development activities shall require improvements to the design as detailed herein and in previous sections. Costs will be borne by the applicant proposing construction or development.
Throughout the county there are portions of primitive roads and unopened public road rights-of-way that have not been maintained, improved or officially opened and established as county roads by the county or vacated by the county. There may be individuals or corporations wishing to utilize primitive roads or unopened county right-of-way for access to private property. (Ord. TLS 21-13-38B Exh. B; Ord. TLS 09-11-49E (Exh. B) (part): Ord. TLS 04-02-30B Exh. A (part))
12.58.020 Permits required.
A permit is required to improve county right-of-way for road purposes. A right-of-way permit application, on forms provided by the county engineer, shall be approved prior to the improvement of a primitive road and/or unopened right-of-way.
A. Right-of-Way Permit.
1. A right-of-way permit shall be required for opening or improving a public right-of-way. Improvements meeting the road standards as set forth in DCC Chapter 12.52 shall be constructed following the approval of the application and plans by the county engineer. Roads meeting the private road standards shall not be eligible for designation as a county public road.
2. Requirements.
a. The roadway section shall meet the requirements for private roads as set forth in DCC Chapter 12.52. If more than sixteen lots, parcels or tracts are to be served, the road must be designed to public road standards. If the width of the unopened right-of-way and the terrain prevent the proposed road from meeting the public road standards, the permit shall be denied.
b. If the road is to be proposed for establishment as a county road, the applicant shall pay for the purchase and installation of all signing required by the county. Subsequent to the installation and establishment as a county road, signing will be maintained by the county.
c. The county engineer shall review for approval plans of the required improvements necessary for designation as a public road. Upon completion of necessary improvements, the county engineer shall indicate approval on the permit application and make the appropriate notification to the board of county commissioners. The board of county commissioners shall conduct a public hearing and declare the road established by resolution for public purpose. Upon establishment by the board of county commissioners, they will enter the appropriate information into the official county records.
d. The permit application shall include:
i. A legal description of the lot(s), tract(s) or parcel(s) to be served by the permit.
ii. A statement regarding the purpose of access to subject lot(s), tract(s) or parcel(s).
iii. Proof of appropriate subdivision ordinance approval or, if exempt from platting, an assessor’s map showing the parcels served.
iv. If there is no official road name, three choices for road name shall be submitted for approval at the time of permit application submittal.
v. Two sets of engineered roadway and drainage plans for the planned improvements as per Douglas County road standards, including a vicinity map.
B. Additional Requirements.
1. Detailed engineering and drainage plans will be required by the county engineer. Cost for the development and preparation of such plans shall be borne by the permit applicant. When required, such plans shall be prepared in accordance with the requirements of these standards.
2. The applicant shall cause the right-of-way to be surveyed by a licensed land surveyor at the applicant’s expense to adequately define the limits of the unopened right-of-way. Such survey shall be recorded in accordance with the Survey Recording Act.
3. An applicant shall be required to deed additional right-of-way across property under his/her authority when necessary to fulfill the minimum road right-of-way as required by these standards.
4. An applicant shall provide certification that all owners of the property abutting on each side of the unopened right-of-way have been provided written notification of the permit application. Any objections of such property owners shall be stated along with the manner in which the applicant proposes to resolve said objections.
5. Restoration sureties may be required by the county engineer in the manner provided for in DCC Section 12.50.110. (Ord. TLS 21-13-38B Exh. B; Ord. TLS 09-11-49E (Exh. B) (part): Ord. TLS 04-02-30B Exh. A (part))
12.58.030 Exemptions.
The following uses are permitted for property accessed by a primitive road with an AADT under one hundred sixty; except where an exempted use of an unimproved primitive road, as determined by the county engineer, would compromise the public’s health, safety, and welfare:
A. Single-family residences;
B. Single-family accessory buildings;
C. Agricultural operational buildings;
D. Essential public facilities;
E. Developed open space;
F. Passive recreation including nature trails, picnicking, sight-seeing, horseback riding, and necessary associated amenities, such as playground equipment, picnic shelters, equipment storage, signage, parking areas, restroom facilities;
G. Utilities, including communications towers.
Single-family residences are required to be accessed by roadways with a minimum width between the shoulders of fourteen feet and a minimum width of eight feet of surfacing in accordance with RCW 36.86.020.
As a condition of any permit for the use or development of a parcel accessed by a primitive road, the applicant shall sign and record with the county auditor a notice to title waiving all objection to formation of a road improvement district for improvement of the primitive road when the county engineer determines that the average annual daily traffic upon the primitive road exceeds one hundred sixty.
As a condition of any permit for the use or development of a parcel accessed by a primitive road, the applicant shall sign an acknowledgement that the road has been designated as primitive per RCW 36.75.300. (Ord. TLS 21-13-38B Exh. B)