Chapter 11.22
KITSAP COUNTY ROAD STANDARDS

Sections:

11.22.010    Declaration of title.

11.22.020    Authority and intent.

11.22.030    County engineer’s authority.

11.22.035    Kitsap County Road Standards manual.

11.22.040    Definitions.

11.22.050    Application of standards.

11.22.060    Public maintenance.

11.22.070    Permits.

11.22.080    Technical deviation.

11.22.090    (Repealed)

11.22.100    Appeals.

11.22.105    Civil enforcement.

11.22.110    Penalties – Enforcement.

11.22.120    Bonding – Insurance – Indemnification.

11.22.130    Fees.

11.22.010 Declaration of title.

The ordinance codified in this chapter shall be entitled the “Kitsap County Road Standards Ordinance.”

(Ord. 293 (2003) § 1, 2003)

11.22.020 Authority and intent.

Chapter 36.75 RCW requires that county roads be established, laid out, constructed, altered, repaired, improved, and maintained by the county or by private individuals or entities authorized to perform such work under an agreement with the county legislative authority. Such work and improvements shall be done in accordance with adopted county standards (hereafter the “road standards”).

This chapter is adopted for use on all public roads, shared access facilities, bridges and other new construction public roads, including the widening or expansion of existing roadways in Kitsap County and as far as is practical and feasible to the reconstruction, resurfacing, restoration and rehabilitation of existing public roads.

It is the purpose of this chapter to provide for the safety, welfare and convenience of the traveling public within Kitsap County. In adopting this chapter, the county has sought to encourage standardization of road design elements where necessary for consistency and to assure, so far as practical, that motoring, bicycling, and pedestrian public safety needs are met. Considerations include safety, convenience, pleasant appearance, stormwater management, and economical maintenance. The road standards also provide requirements for the location and installation of utilities within the right-of-way.

The road standards are not intended to discourage innovative approaches for design and construction of county roads and associated infrastructure. The application of low-impact development methods providing equal levels of safety, workmanship and environmental protection as the adopted standards is encouraged.

(Ord. 588 (2020) § 10, 2020: Ord. 404 (2007) § 1, 2007: Ord. 293 (2003) § 2, 2003)

11.22.030 County engineer’s authority.

The county engineer shall have the authority to develop and adopt road standards as the Kitsap County standards for road design and construction. The road standards and any amendments thereto shall be subject to thirty-day public review prior to adoption, and, once adopted, shall be filed with the clerk of the board of county commissioners, and copies shall be made available through the Kitsap County department of public works and the Kitsap County department of community development. This chapter and the road standards shall be administered by the county engineer, or a designee. The county engineer shall have the authority to develop and implement procedures to administer and enforce this chapter and the road standards. The county engineer is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

(Ord. 588 (2020) § 11, 2020: Ord. 293 (2003) § 3, 2003)

11.22.035 Kitsap County Road Standards manual.

The latest edition of the Kitsap County Road Standards, with subsequent amendments or revisions thereto, is hereby adopted by reference.

(Ord. 588 (2020) § 12, 2020)

11.22.040 Definitions.

Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third International Dictionary of the English Language, unabridged, 1993 Edition, shall be considered as providing ordinary accepted meanings.

“Approach” shall mean a connection providing private vehicular access to or from the county road system.

“Bond” means a financial guarantee, in the form of a surety bond or assignment of funds, that shall guarantee compliance with this chapter.

“County” means Kitsap County.

“County engineer” means the Kitsap County road engineer, having the authority specified in this chapter and under RCW 36.75.050 and Chapter 36.80 RCW, or his/her assigned designee.

“Department” means the Kitsap County department of public works.

“Improvements” include, but are not limited to, the design and construction of roads, stormwater management facilities (i.e., storm drains, detention/retention ponds, bioswales, ditches, etc.), sidewalks, pedestrian trails, street lighting systems, signals and other traffic control devices, utilities and bridges.

“Reviewing agency” means the Kitsap County department of public works.

“Right-of-way” means all property in which the county has any form of ownership, interest or title, and which is held for the purpose of public roads and associated features such as medians, sidewalks, bicycle facilities and public utilities. This definition applies regardless of whether any road exists thereon or whether or not it is open for use, improved, or maintained for public travel.

(Ord. 588 (2020) § 13, 2020: Ord. 404 (2007) § 2, 2007: Ord. 293 (2003) § 4, 2003)

11.22.050 Application of standards.

The road standards shall apply to all designed and newly constructed or reconstructed public roads within a Kitsap County right-of-way or on private property to be dedicated to Kitsap County as right-of-way by any person, firm, corporation or other entity. Any work performed in the construction or improvement of county roads shall be done in accordance with the road standards and plans and specifications approved by the county engineer. This chapter and the road standards are not intended to apply to general maintenance activities performed on roads in existence prior to January 13, 2003, the original date of adoption, as long as the maintenance activities do not significantly alter the dimensions or function of the road.

Land development activity that will impact the level of service, safety, or operational efficiency of existing roads, or that is required by other county code or ordinance to improve such roads, may be required to provide improvements in accordance with the road standards. The need for improvements to existing county roads shall be based on an assessment of the potential impacts of the land development proposal.

Stormwater management requirements associated with road improvements shall comply with the requirements of Kitsap County stormwater management standards, codified under Title 12, as they now exist or are hereafter amended.

Road improvements required under the road standards shall be designed by a licensed professional engineer registered to practice in the state of Washington.

(Ord. 588 (2020) § 14, 2020: Ord. 404 (2007) § 3, 2007: Ord. 293 (2003) § 5, 2003)

11.22.060 Public maintenance.

The board of county commissioners may, by resolution, accept a road for maintenance at the cost of and by Kitsap County if the road has been designed, constructed and the right-of-way conveyed in accordance with this chapter and the road standards.

(Ord. 293 (2003) § 6, 2003)

11.22.070 Permits.

(a)    No person, firm, partnership, association, joint venture, corporation, or other public or private legal entity shall construct or alter a permanent or temporary vehicular access to a county road without first obtaining a road approach permit from Kitsap County. A copy of the permit shall be available for inspection at the site during construction. Any change in land use or any improvement to an existing site that increases traffic volumes, or impacts site distance, using an existing approach will require a new road approach permit.

(b)    No person, firm, partnership, association, joint venture, corporation, or other public or private legal entity shall conduct any construction activity within a county right-of-way unless the work is in accordance with a valid permit to perform work in county right-of-way issued by the Kitsap County department of public works. A permit is not required for routine maintenance activities, general maintenance activities performed on roads in existence prior to January 13, 2013, or repairs to aboveground utilities.

(c)    Utility relocation work associated with a county road improvement project requires a permit, but the fee may be waived.

(d)    The applicant for construction work within county right-of-way is required to be a qualified licensed and insured contractor in the state of Washington.

(e)    Plans, drawings or other details that will enable the county to determine the location, size, length, time period and purpose of the permit being sought shall be furnished by the applicant. All permits that extend or alter existing and new waterline installations require review and approval by the fire marshal prior to application; provided, however:

(1)    A permit need not be obtained before performing emergency repairs upon existing underground utilities where the public health, safety and welfare is threatened if immediate repairs are not made; provided further,

(2)    That as soon as practicable after the need for the emergency work is discovered or after the emergency repairs have been made, the person, firm, partnership, association, joint venture, corporation, or other public or private legal entity intending to make or having made the emergency repairs shall notify the department of public works regarding the location, extent and nature of the repairs; and provided further,

(3)    On the next working day immediately following the date of the emergency repair, the public or private entity having made such repairs shall submit an application for a permit to the department of public works and shall comply with the road standards insofar as practical as determined by the department of public works.

(Ord. 588 (2020) § 15, 2020: Ord. 404 (2007) § 4, 2007: Ord. 293 (2003) § 7, 2003)

11.22.080 Technical deviation.

The county engineer may grant minor technical deviations from requirements contained in the road standards; provided, that all of the following criteria are met:

(1)    The technical deviation will not otherwise result in noncompliance with the road standards or any other applicable code; and

(2)    The granting of the technical deviation will not result in noncompliance with development conditions imposed upon a project by the department of community development, the hearing examiner and/or board of commissioners; and

(3)    The granting of the technical deviation will produce a compensating or comparable result that is in the public interest; and

(4)    The granting of the technical deviation will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.

(Ord. 404 (2007) § 5, 2007: Ord. 293 (2003) § 8, 2003)

11.22.090 (Repealed)

*    Editor’s Note: Former Section 11.22.090, “Variance.” was repealed by Ordinance 404 (2007). Section 9 of Ordinance 293 was formerly codified in this section.

11.22.100 Appeals.

An aggrieved party may appeal any administrative interpretation or departmental ruling related to this chapter and/or the County road standards by following the process set forth in Chapter 21.04 of the Kitsap County Code, Land Use and Development Procedures Ordinance, as it now exists or is hereafter amended.

(Ord. 293 (2003) § 10, 2003)

11.22.105 Civil enforcement.

Procedures for the investigation and enforcement of suspected violations of this chapter shall be in accordance with Chapter 2.116, as it exists now or is hereafter amended.

(Ord. 588 (2020) § 16, 2020)

11.22.110 Penalties – Enforcement.

(a)    General. In addition to all other enforcement actions authorized under the code, the county may withhold or withdraw plan or development permit approval, revoke approval, forfeit the submitted financial guarantee, and/or refuse to accept work performed, if a permittee fails to comply with any requirement set forth in this chapter or the road standards. Further, Kitsap County may bring civil suit to enforce any requirement, enjoin violation or seek any other remedy available at law or equity.

(b)    Road Approaches – Failure to Construct Properly. In addition to all other enforcement actions authorized under the code, any person, firm, partnership, association, joint venture, corporation or other legal entity who fails to construct an approach properly may be required to compensate the county for the improvement or removal of the approach. Compensation shall include administration time as well as equipment and materials to remove or improve the approach. Reimbursement shall be made to the Kitsap County Department of Public Works, Road Fund.

(c)    Failure to Notify. In addition to all other enforcement actions authorized under the code, if a permittee fails to notify the county as required by the road standards then the county may require sampling and/or testing post-construction, either by the permittee or the county. Costs for such testing and/or sampling shall be borne by the permittee. When such testing and/or sampling is required, the county may prohibit or limit further work until all such tests and/or sampling have been completed and corrections made to the satisfaction of the county. In addition to this provision, the county reserves its right to bring any or all other enforcement action for the failure to notify.

(Ord. 588 (2020) § 17, 2020: Ord. 404 (2007) § 7, 2007: Ord. 293 (2003) § 11, 2003)

11.22.120 Bonding – Insurance – Indemnification.

(a)    A permittee shall post a financial guarantee in the form of a surety bond or assignment of funds from a corporation authorized to do the business of surety in the state of Washington. The bond is required to ensure compliance with all permit conditions and shall be kept in full force and effect for a minimum of two years following acceptance of the work as complete by the county. The bond shall be in favor of the department of public works and is required prior to permit approval. The amount of the bond shall be as determined by the county.

(b)    If a person, firm, partnership, association, joint venture, corporation, or other public or private entity locates, installs, adjusts, repairs or relocates underground utility lines on a regular basis, the county may allow such entity to post a blanket bond in an amount no less than $5,000.00. If an entity that has posted a blanket bond thereafter makes application for a permit, on a project of such magnitude that the county determines that the amount of the blanket bond is inadequate, the county may require a separate, additional bond.

(c)    Commercial Liability Insurance. Prior to beginning any work, and through the term of the maintenance bond, the permittee shall maintain commercial general liability insurance in the amount of not less than $1,000,000.00 combined single limit bodily injury and property damage, with a $2,000,000.00 aggregate. Prior to issuing a permit to work in the right-of-way, a permit applicant must provide the county with a certificate of insurance, signed by the insurance agent and the permit applicant. The policy shall be endorsed and the certificate shall name Kitsap County as an additional insured on the policy with respect to activities performed under this permit and through the term covered by the maintenance bond. The policy shall be endorsed and the certificate shall reflect that the insurance provided shall be primary insurance and any insurance or self-insurance carried by the county shall be excess and not contributory to that provided by the permittee. If, for any reason, a material change occurs in the insurance coverage during the period of time required by this provision, such changes shall not become effective until forty-five days after Kitsap County has received written notice of such changes.

(d)    Waiver of Requirements. The bonding and insurance requirements described in subsections (a) through (c) of this section may be waived at the discretion of the county engineer.

(Ord. 588 (2020) § 18, 2020: Ord. 404 (2007) § 8, 2007: Ord. 293 (2003) § 12, 2003)

11.22.130 Fees.

Fees required under this chapter and/or the road standards are as specified in the Kitsap County Development Permit Fee Schedule, Kitsap County Code Section 21.06.100, as it now exists or is hereafter amended.

(Ord. 293 (2003) § 13, 2003)