Chapter 11.28


11.28.010    Regulation of access—City responsibilities.

11.28.020    Right to reasonable access.

11.28.030    Definitions.

11.28.040    Connection permit.

11.28.050    Permit application information.

11.28.060    Administration of permit process.

11.28.070    Permit application fee.

11.28.080    Examination of application.

11.28.090    Right of access restricted when.

11.28.100    Access spacing.

11.28.110    Permit approval.

11.28.120    Responsibilities of applicant.

11.28.130    Permit denial—Hearing.

11.28.010 Regulation of access—City responsibilities.

This chapter is adopted to implement Chapter 47.50 RCW for the regulation and control of vehicular access and connection points of ingress and egress from State Route 24 within the incorporated limits of the city of Othello. The city has the responsibility to issue permits and authority to approve, disapprove and revoke permits and close connections, with cause. (Ord. 911 § 1, 1993).

11.28.020 Right to reasonable access.

Every owner of property which abuts State Highway 24 has a right to reasonable access, but may not have the right to a particular means of access. (Ord. 911 § 2, 1993).

11.28.030 Definitions.

For purposes of this chapter, definitions from Chapter 468-52 WAC shall apply unless the context indicates otherwise. (Ord. 911 § 3, 1993).

11.28.040 Connection permit.

All new connections including alterations and improvements to existing connections to State Highway 24 shall require a connection permit. The alteration or closure of any existing access connection caused by changes in the character, intensity or the construction of any new access connection shall not be initiated prior to obtaining a connection permit from the city. Use of a new connection at the location specified in the permit is not authorized until the permittee contracts, requests or modifies the connection in accordance with the permit requirements. All expenses relating to alterations or improvements authorized by the connection permit are at the expense of the permittee. (Ord. 911 § 4, 1993).

11.28.050 Permit application information.

The following information is required by all permit applicants:

(a)    The name, mailing address and telephone number of the property owner, developer and applicant;

(b)    The ultimate use(s);

(c)    Detail sufficient to determine traffic type and flow;

(d)    A plan to scale or a schematic drawing showing dimensions with respect to any existing or proposed driveways;

(e)    Any other information required by the city. (Ord. 911 § 5, 1993).

11.28.060 Administration of permit process.

The director of public works shall be responsible for administering the permit process on behalf of the city. (Ord. 911 § 6, 1993).

11.28.070 Permit application fee.

A two-hundred-fifty-dollar, nonrefundable fee is established for the city application review process. Payment of the fee shall accompany the permit application. (Ord. 911 § 7, 1993).

11.28.080 Examination of application.

Upon receipt of a completed application and fee the application shall be examined for consistency with current city location, quantity, spacing and design standards. Standards are as provided in RCW Chapter 47.50 and WAC 468-52. (Ord. 911 § 8, 1993).

11.28.090 Right of access restricted when.

The right of access to State Highway 24 may be restricted if reasonable access to the state highway can be provided by way of another public road which abuts the property. (Ord. 911 § 9, 1993).

11.28.100 Access spacing.

Access spacing shall be no closer than one hundred twenty-five feet, having a minimum and maximum of one access per development. (Ord. 911 § 10, 1993).

11.28.110 Permit approval.

Permit approval, either as proposed or with conditions, shall be by written notice to the applicant. Construction shall not commence prior to receiving the approval notice. (Ord. 911 § 11, 1993).

11.28.120 Responsibilities of applicant.

Connection permits authorize specific access construction improvements to be built by the permittee on city WSDOT right-of-way. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required, including satisfaction of any environmental regulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity from the applicant’s property to the city or right-of-way if the applicant’s property does not abut the right-of-way. (Ord. 911 § 12, 1993).

11.28.130 Permit denial—Hearing.

In the event a connection application is denied, the applicant may apply for an adjudicative proceeding. The city adopts RCW 34.05.482 through 34.05.494 for purposes of hearing challenges to permit denial or conditions. (Ord. 911 § 13, 1993).