Chapter 17B.10
GENERAL PROVISIONS Revised 4/19

Sections:

17B.10.010    Authority.

17B.10.020    Title.

17B.10.030    Purpose.

17B.10.040    Applicability.

17B.10.045    Exemptions.

17B.10.050    Definitions.

17B.10.060    Standards Adopted.

17B.10.070    Manuals Available.

17B.10.080    Changes to Manuals.

17B.10.090    Deviations.

17B.10.100    General Right-of-Way Permits.

17B.10.101    Driveway Approach Permit Required.

17B.10.102    Gate Permits. Revised 4/19

17B.10.105    Permit Time Limits.

17B.10.108    Site Plan Review for Proposed Development.

17B.10.110    General Right-of-Way Permit Fee.

17B.10.112    Temporary Road Closure Permit Fee.

17B.10.114    Financial Guarantee.

17B.10.115    Waiver of Permit Fees.

17B.10.116    Public Roads.

17B.10.117    Public Road and Storm Drainage Facilities Dedication.

17B.10.118    Inspections, Right of Entry, Access.

17B.10.120    Owners' Organization Required to Perform Maintenance and Operation.

17B.10.121    Obstructions in Public Road Right-of-Way, Easements or Tracts.

17B.10.125    Penalties and Enforcement.

17B.10.130    Severability.

17B.10.010 Authority.

This Title is established pursuant to RCW Chapter 36.86, which authorizes the County legislative authority to establish design and construction standards for all road and bridge construction, and other improvements within the County when such standards have been prepared by the County Engineer as specified in RCW Chapter 36.80.030, and pursuant to RCW Chapter 36.75, which authorizes the County legislative authority to adopt reasonable rules for the construction of approaches to County roads, with such construction under the supervision of the County Engineer as specified in RCW Chapter 36.75.140. (Ord. 99-24S § 6 (part), 1999)

17B.10.020 Title.

This Title shall be known as "Title 17B, Construction and Infrastructure Regulations – Road and Bridge Design and Construction Standards." (Ord. 99-24S § 6 (part), 1999)

17B.10.030 Purpose.

This Title provides uniform technical requirements for the design and construction of roads, bridges, shared accesses, alleys, driveway approaches, gates, and their associated appurtenances.

This Title establishes the minimum infrastructure requirements that must be constructed, or available, for providing vehicular access to a proposed development. These infrastructure requirements are based on industry standards for safety, maintainability, emergency vehicle response, environmental consideration, and the requirements of adopted community plans and implementing regulations.

This Title is intended to promote and assist in the timely and orderly review of potential traffic impacts caused by proposed developments and to create, to the extent possible, uniform requirements for the submittal of a traffic impact analysis (TIA) by an applicant.

This Title is intended to ensure that access to public facilities is open to all members of the public.

(Ord. 2010-70s § 6 (part), 2010; Ord. 99-24S § 6 (part), 1999)

17B.10.040 Applicability.

A.    This Title applies to all proposals for subdivisions, buildings, land use actions, tenant improvements, change of use, and forest practices.

B.    This Title applies to all proposals for the construction and reconstruction of driveway approaches, gates, roads, shared access facilities, alleys, and driving surfaces within ingress/egress easements.

C.    This Title applies to all proposals for construction and reconstruction within ingress and egress easements, access easements, road easements, open county right-of-way, and unopened county right-of-way.

D.    This Title establishes criteria for the review, analysis, design, inspection and construction of driveway approaches, gates, roads, shared accesses, alleys, and driving surfaces for vehicle access through ingress/egress easements.

E.    The requirements of this Title apply to all unincorporated areas of Pierce County. All public or governmental entities such as utilities, improvement districts, ports, irrigation, drainage and flood control districts, cities, towns, counties, and other local, State and Federal government entities shall comply with these regulations where there are cross-jurisdictional projects located totally or in part of the County, unless specifically exempted herein.

F.    Where the requirements of this Title are also covered in any other law, ordinance, resolution, rule, or regulation of any kind, the more restrictive shall govern.

(Ord. 2010-70s § 6 (part), 2010; Ord. 2004-56s § 3 (part), 2004; Ord. 99-24S § 6 (part), 1999)

17B.10.045 Exemptions.

The following work is exempt from the requirements of this Title:

A.    Placement or replacement of mobile/manufactured homes within approved mobile home parks.

B.    Maintenance and repair activities on privately owned and maintained roads, shared access facilities, alleys, driveway approaches, drivable surfaces within ingress/egress easements (or tracts), sidewalks, and pathways as long as the repair and maintenance conforms to the original design and/or construction.

C.    Maintenance and repair activities performed by Pierce County Planning and Public Works.

D.    Forest practice activities that do not propose access to, or the use of, county maintained roads.

E.    Single-family residence remodeling, plumbing, mechanical, or re-roof activities.

F.    Commercial or industrial remodeling, plumbing, mechanical or re-roof activities that do not increase vehicle traffic.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2010-70s § 6 (part), 2010)

17B.10.050 Definitions.

The following definitions shall apply in the interpretation and enforcement of this Title:

A.    "Access" means to enter, exit or reach a lot, parcel, building or structure.

B.    "Alley or Alleyway" means a privately owned vehicle driving surface not designated for general travel that is primarily used as a means of access to the rear of residences.

C.    "Applicant" means the person, party, firm, corporation, or other legal entity that proposes to develop property in unincorporated Pierce County by submitting an application for any of the activities covered by these regulations.

D.    "Arterial" means a county road classified as a major, secondary, or collector arterial.

E.    "Arterial Intersection" means the intersection of two or more arterials.

F.    "Commercial" means any land use other than single-family detached or duplex lot.

G.    "County" means the jurisdictional boundaries of Pierce County, and the Pierce County Executive or authorized representative.

H.    "County Engineer" means the Pierce County Engineer or authorized representative, having authorities specified in RCW 36.75.050 and 36.80.

I.    "Department" means the Pierce County Planning and Public Works – Office of the County Engineer.

J.    "Development or Development Activity" means any type of construction or placement or conversion or expansion of a building, structure or use, or the siting of a mobile home, or any change in use of a building or structure, or any changes in the use of land that creates additional traffic.

K.    "Development Traffic" means the traffic generated by a proposed development.

L.    "Director of Planning and Public Works" means the Director of Planning and Public Works or authorized representative.

M.    "Driveway" means a vehicle driving surface within a single lot or parcel that connects a building or structure with a road, shared access facility, alley, or vehicle driving surface within an ingress/egress easement (or tract). A driveway begins at the right-of-way line, private road easement (or tract) line, shared access easement (or tract) line, alley easement (or tract) line, or ingress/egress easement (or tract) line, and extends to the building or structure.

N.    "Driveway Approach" means a privately maintained vehicle driving surface that provides a transition between a road and a driveway, a road and a shared access facility, or a road and an alley.

O.    "Easement" means the legal right to use a described piece of land for a particular purpose. It does not include fee ownership, but may restrict the property owner's use of the land. All easements granted pursuant to the requirements of this Title shall be legally recorded with the County Auditor.

P.    "Engineer" means a professional civil engineer, licensed by the State of Washington.

Q.    "Gravel Surface" means a two inch crushed surfacing top course per Washington State Department of Transportation specifications.

R.    "Impact Fee Project" means a traffic improvement project contained within the traffic impact fee program established pursuant to Title 4A PCC.

S.    "Local Road" means a county road classified as a local road.

T.    "Low impact development (LID)" is a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

U.    "Mitigation" means a traffic improvement that is intended to change a traffic impact to a level of non-significance.

V.    "Newly constructed road" means: proposed private or public roads, improvements in existing County right-of-way that substantially change vertical or horizontal alignment or add additional through lanes or are intended to improve a roadway to a higher classification. "Newly constructed road" does not mean: existing off-site private roads that need to be upgraded to meet PCC 17B.20.040, channelization within existing County right-of-way at project access points, channelization within existing County right-of-way at intersections, correction of entering sight distance improvements within existing County right-of-way at project access points or impacted intersections, or correction of singular sight distance deficiencies or safety concerns within existing County right-of-way.

W.    "Offsite Existing Private Road" means a private road created by a subdivision that is vested prior to November 1, 1999. "Offsite existing private road" also means an access easement recorded with the County Auditor prior to November 1, 1999. An offsite existing private road provides access from a proposed development to a public road. In order for the private road to be considered "offsite" it must be located outside of the proposed development's boundaries.

X.    "Open right-of-way" means a county right-of-way that exists by dedication, deed or other instrument, that contains a constructed public roadway, is open to public travel, and is maintained by the county.

Y.    "PCC" means Pierce County Code.

Z.    "Peak-Hour Trip" means a vehicle trip end generated by a proposed development during the specific 60-minute period in the day within which the highest traffic volumes occur for a proposed development.

AA.    "Private Road" means a roadway facility in private ownership providing private access and used for travel of vehicles by the owner(s) or those having express or implied permission from the owner(s), but not by other persons.

BB.    "Proposed Development" means a development activity and all proposed divisions.

CC.    "RCW" means Revised Code of Washington.

DD.    "Road/Roadway" means an open private or public way for the passage of motor vehicles that, where appropriate, may include pedestrian, equestrian, and bicycle facilities. Elements of a road/roadway typically include, but are not limited to traveled way, sidewalks, curbing, paths, walkways, shoulders, ditches, culverts, conveyance piping, retaining walls, and slopes necessary for structural stability.

EE.    "Rural" means those areas not included within an urban growth area.

FF.    "Shared Access Facility" means a privately-owned drivable surface which provides vehicular access to at least two lots and meets the design standards specified in the Manual on Design Guidelines and Specifications for Road and Bridge Construction in Pierce County and is designated as a shared access facility on a recorded land division map.

GG.    "Single-Family Dwelling Unit" means a structure used to house one family, including appurtenant structures such as a garage, storage shed, or other structure not used for living purposes, all for the private, non-commercial use of the property owner or renter.

HH.    "TIA" means traffic impact analysis.

II.    "Traffic Impact" means the effects or consequences of proposed developments that changes or alters the demand for services on any public road.

JJ.    "Traffic Improvement" means an action that improves the operations or conditions of a road or intersection.

KK.    "Trip Assignment" means the number of peak-hour trips from a proposed development expected to use specific county roads.

LL.    "Trip Distribution" means the directional orientation of peak-hour trips from a proposed development.

MM.    "Trip Generation" means the peak-hour trips generated by a proposed development.

NN.    "Two-Family Dwelling Unit" means a structure used to house two families, including appurtenant structures such as a garage, storage shed, or other structure not used for living purposes, all for the private, non-commercial use of the property owner or renter.

OO.    "Unopened right-of-way" means a County right-of-way that exists by dedication or deed, but within which no road has been constructed for the purpose of public use or within which any constructed road is not maintained by the County.

PP.    "Urban" means all areas identified within urban growth areas defined by the Pierce County Comprehensive Plan adopted in Pierce County Code Title 19A, meeting the statutory requirements of urban as defined by the Growth Management Act, Chapter 36.70A RCW.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-48s § 2 (part), 2015; Ord. 2015-25s § 2 (part), 2015; Ord. 2012-2s § 3 (part), 2012; Ord. 2010-70s § 6 (part), 2010; Ord. 2005-37 § 1 (part), 2005; Ord. 2004-56s § 3 (part), 2004; Ord. 99-24S § 6 (part), 1999)

17B.10.060 Standards Adopted.

A.    The latest adopted edition of the "Manual on Design Guidelines and Specifications for Road and Bridge Construction in Pierce County," as published by the Pierce County Engineer, is adopted for use on all road, shared access facility, gate, bridge, and other new construction of public and private roads, including the widening or expansion of existing roadways, in unincorporated Pierce County, and as far as is practicable and feasible to reconstruction, resurfacing, restoration, and rehabilitation of existing public or private roads in unincorporated Pierce County.

B.    The latest adopted edition of the "Manual on Accommodating Utilities in Pierce County Right-of-Way," as published by the Pierce County Engineer, is the policy for accommodation of utilities for road and bridge construction of public and private roads in unincorporated Pierce County.

C.    Projects that propose the construction of roads, shared accesses, or alleys must comply with the Pierce County Stormwater Management and Site Development Manual – PCSWMM (Title 17A PCC). The PCSWMM shall be utilized for the design of all roads, alleys, or shared accesses within the project. The PCSWMM contains certain low impact development standards that supersede certain standards, criteria, and requirements contained in PCC 17B.10.060 A. and 17B.10.060 B. above. Standards, criteria, and requirements within PCC 17B.10.060 A. and 17B.10.060 B. not specifically superseded by the PCSWMM are still applicable.

(Ord. 2015-48s § 2 (part), 2015; Ord. 2010-70s § 6 (part), 2010; Ord. 2004-56s § 3 (part), 2004; Ord 2004-71 § 3, 2004; Ord. 2000-57s § 3, 2001; Ord. 99-24S § 6 (part), 1999)

17B.10.070 Manuals Available.

The latest edition of the "Manual on Design Guidelines and Specifications for Road and Bridge Construction in Pierce County," and the "Manual on Accommodating Utilities in Pierce County Right-of-Way," shall be available for inspection at the Department during normal business hours or may be purchased, for a reproduction fee, as specified on the document. (Ord. 2010-70s § 6 (part), 2010; Ord. 99-24S § 6 (part), 1999)

17B.10.080 Changes to Manuals.

Chapter 36.80 RCW, requires that the County Engineer be a registered and licensed professional civil engineer under the laws of the State of Washington, and charges the County Engineer with the responsibility to prepare standards of construction for roads and bridges. In the event that standards change to the degree that it becomes necessary to amend the adopted standards contained in PCC 17B.10.060, the County Engineer shall prepare and submit such recommendations for amendment to the County Council for their review and adoption in accordance with RCW 36.86.030. (Ord. 99-24S § 6 (part), 1999)

17B.10.090 Deviations.

A.    Public Roads. No deviation from the adopted standards, contained in PCC 17B.10.060, on public roads may be made without first obtaining the approval of the County Engineer.

1.    Request. The Engineer making a request to gain approval for alternative designs which deviate from the adopted standards shall submit the request directly to the Office of County Engineer.

2.    Review. The County Engineer will review the Engineer's deviation request, together with all supportive material provided to justify the deviation request, and any staff review and recommendations. When reviewing a deviation request, the County Engineer will evaluate the request to determine if the proposal produces a compensating or comparable result which is in the public interest and that the proposal meets the requirements for safety, function, fire protection, appearance and maintainability utilizing the evaluation criteria outlined in PCC 17B.10.090 A.3. The County Engineer shall prepare written findings of fact and conclusions concerning the deviation request. The County Engineer will grant or deny a deviation request in full or in part based on these findings of fact and conclusions. When granting a deviation, the County Engineer may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. Deviations must receive the approval of the County Engineer before road construction plans can be approved.

3.    Evaluation Criteria.

a.    The County Engineer recognizes that State of Washington has set minimum standards in accordance with Chapter 35.78.030 RCW, and is required to meet these standards when granting a deviation. Before any deviation may be granted, it shall be shown:

(1)    That the granting of such deviation will produce compensating or comparable results, adequate for the road users and the general public;

(2)    That the granting of such deviation will not violate any development related conditions imposed upon the project;

(3)    That the granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity in which the subject property is located;

(4)    That such deviation is based on sound engineering judgment, and that requirements for safety, function, appearance, environmental protection, and maintainability are fully met.

b.    The County Engineer may grant a deviation from the minimum technical requirements only upon submittal of additional information, plans and/or design data by an Engineer showing that the requested deviation is safe, in the best interest of the public, and will not impose undue maintenance costs on Pierce County, if applicable.

4.    Re-examination Procedure. The Engineer may seek a re-examination of the original request by transmitting a letter to the County Engineer outlining exceptions taken to the County Engineer's findings. The Engineer shall provide additional details specifically addressing the exceptions being taken in order to enable the County Engineer to conduct additional evaluation of the request. The County Engineer will be the final authority in resolving disputes concerning questions of fact in connection with the adopted standards contained in PCC 17B.10.060, as set forth in Chapter 36.75.020 RCW, County roads--County Legislative Authority as Agent of State--Standards.

B.    Private Facilities. No deviation from the adopted standards contained in PCC 17B.10.060 may be made without first obtaining the approval of the Director of Planning and Public Works.

1.    Request. The Engineer making a request to gain approval for alternate designs which deviate from the adopted standards shall submit the request to the Department of Planning and Public Works.

2.    Review. The Director of Planning and Public Works will review the Engineer's deviation request, together with all supportive material provided to justify the deviation request, and any staff review and recommendations. When reviewing a deviation request, the Director of Planning and Public Works will evaluate the request to determine if the proposal produces a compensating or comparable result which is in the public interest and that the proposal meets the requirements for safety, function, fire protection, appearance and maintainability utilizing the evaluation criteria outlined in PCC 17B.10.090 B.3. The Director of Planning and Public Works shall prepare written findings of fact and conclusions concerning the deviation request. The Director of Planning and Public Works will grant or deny a deviation request in full or in part based on these findings of fact and conclusions. When granting a deviation, the Director of Planning and Public Works may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. Deviations must receive the approval of the Director of Planning and Public Works before road construction plans can be approved.

3.    Evaluation Criteria. When reviewing a request for alternate designs, the Director of Planning and Public Works will evaluate the proposal under the following criteria:

a.    That the granting of such deviation produces compensating or comparable results, adequate for the road users and/or the general public interest;

b.    That the granting of such deviation will not violate any development related conditions imposed upon the project;

c.    That the granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity in which the subject property is located;

d.    That such deviation is based upon sound engineering judgment, and that requirements for safety, function, appearance, fire protection, environmental protection, and maintainability are fully met.

4.    Approval.

a.    When granting a deviation, the Director of Planning and Public Works may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. These conditions will be incorporated into the site development permit requirements.

b.    Any requests for deviations must receive final approval before site development permits can be approved.

c.    Decisions of the Director of Planning and Public Works are final and conclusive and may not be appealed separately from the final decision on the site development permit.

C.    Planned Development District. Planned Development District proposals which contain road and/or bridge designs which otherwise require a deviation as provided in PCC 17B.10.090 A. or B. will be considered requested upon submittal of the Planned Development District, provided, specific approval for each deviation is given by the County Engineer, in the case of public roads, and by the Director of Planning and Public Works, in the case of private roads, prior to the Planned Development District receiving preliminary approval.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2012-2s § 3 (part), 2012; Ord. 2010-70s § 6 (part), 2010; Ord. 99-24S § 6 (part), 1999)

17B.10.100 General Right-of-Way Permits.

Except as provided for in Chapter 12.32 PCC, no person, party, firm, corporation, or entity, not otherwise authorized by the County Engineer, shall conduct any activity within County right-of-way unless the work is in accordance with a valid General Right-of-Way Permit from the County Engineer issued pursuant to the provisions of these Regulations and Chapter 12.28 PCC. A copy of each General Right-of-Way Permit shall be available for inspection at the activity site during the life of the permit.

All work conducted under the issued general right-of-way permit must be completed prior to the expiration date of such permit. To obtain a permit, the engineer or representative shall submit an application at the Department of Planning and Public Works, Office of County Engineer. Application submittal will include a copy of the approved construction plans where applicable.

The County Engineer may require liability insurance for the applicant, or the applicant's contractor, working within the County right-of-way in the form and amount determined as necessary prior to the contractor commencing work, and may require a construction performance bond to assure that the road right-of-way will be properly restored upon completion of the project. Proof of proper insurance coverage shall be provided to the County Engineer upon request. A copy of each general right-of-way permit shall be available for inspection at the construction site during the life of the permit.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2010-70s § 6 (part), 2010; Ord. 99-24S § 6 (part), 1999)

17B.10.101 Driveway Approach Permit Required.

No person, party, firm, corporation, or entity shall construct, repair, alter, maintain or use any approach from any abutting property to any public road located in unincorporated Pierce County, permanently or on a temporary basis, without first obtaining or having a driveway approach permit from the County Engineer issued pursuant to the provisions of these regulations and Chapter 12.28 PCC. A copy of each driveway approach permit shall be available for inspection at the site during the life of the permit. Any change of use or any improvement that increases the traffic volumes using an existing driveway approach will require obtaining a new driveway approach permit and otherwise complying with all standards and requirement set forth in these regulations.

Fees for a driveway approach permit shall be paid at the time of application. Fees are set forth in Chapter 2.05 PCC.

(Ord. 2010-70s § 6 (part), 2010)

17B.10.102 Gate Permits. Revised 4/19

A.    A gate permit is required for gates across:

1.    Private roads;

2.    Shared accesses;

3.    Easements or tracts that provide vehicular access; and

4.    Driveways that provide emergency vehicle access.

B.    A gate permit is not required for gates across:

1.    Driveways that do not provide emergency vehicle access;

2.    Driveways which solely access low intensity agricultural activities such as crops or livestock;

3.    Stormwater facility maintenance accesses;

4.    Accesses that will not be used by vehicles such as gates intended only for pedestrian, bicycle, or other non-motorized uses; and

5.    Accesses internal to a property that are not part of the emergency vehicle access and circulation route.

Intensive agricultural uses such as commercial agricultural sales and service which allow for public access shall be considered commercial activities for the purposes of this Section and shall be subject to the requirement for a gate permit. Fees for a gate permit must be paid at the time of application. Fees are set forth in Chapter 2.05 PCC. (Ord. 2018-102s § 1, 2019; Ord. 2015-55s § 1 (part), 2015; Ord. 2010-70s § 6 (part), 2010)

17B.10.105 Permit Time Limits.

Except as provided for in Chapter 12.32 PCC, any permit issued to conduct activities within rights-of-way shall be valid for a period of 90 days from and after the date of issuance. The County Engineer has the discretion to extend this time limit. (Ord. 2005-40s § 1 (part), 2005)

17B.10.108 Site Plan Review for Proposed Development.

A.    The provisions of this Section shall apply to all proposed development, with definitions as listed in PCC 17B.10.050. The purpose of this Section is to ensure the preservation and implementation of needed transportation infrastructure as identified in the County's transportation plans and programs.

B.    Access roads, internal site roads, and overall site plan layout for proposed development shall be designed so as to be consistent with planned and/or programmed transportation facilities within the County. Transportation facilities shall include arterial roads, local road connectivity, road right-of-way, sidewalks, and/or easements for slopes and utilities. All proposed buildings and constructed site features shall be set back and/or designed to not be in conflict with the County's plans for road alignments and widths as identified in the most recently adopted official controls, including but not limited to:

1.    Pierce County Road Classification Plan;

2.    Pierce County Six-Year Transportation Improvement Program;

3.    Pierce County Transportation Plan; and/or

4.    Approved County Road Project (CRP) plans and/or approved right-of-way plans.

5.    Pierce County Transportation Corridors and Connectors Right-of-Way Preservation Map.

C.    These provisions shall apply to one or more of the following portions of the proposed site plan:

1.    Access roads between the proposed development and existing or planned county roads.

2.    Internal roads within the proposed development that provide connections between county roads.

3.    County roads external but adjacent to the proposed development.

D.    The County Engineer shall review those portions of the proposed site plan that could affect the County's planned transportation facilities. The County Engineer shall work with the applicant to determine the method under which the planned transportation facilities would be preserved or implemented as part of the proposed development.

E.    The County Engineer shall consider one or more of the following options:

1.    Preservation, dedication, or acquisition of right-of-way.

2.    Set-back of site buildings or constructed site-related features.

3.    Construction of all or portions of the planned transportation facilities.

4.    Phasing.

F.    The County Engineer shall determine, as part of the site plan approval, which option(s) is most appropriate to meet the County's transportation needs. If a proposed transportation improvement is included as part of the County's current traffic impact Fee Program project list, the applicant will be eligible for traffic impact Fee credits for those respective improvements implemented as part of the proposed development.

G.    Project proponents are encouraged to request a determination by the County Engineer about the requirements of this Section during the project scoping phase or as soon in the development process as possible.

(Ord. 2012-81 § 2, 2012; Ord. 2010-70s § 6 (part), 2010)

17B.10.110 General Right-of-Way Permit Fee.

Fees for a General Right-of-way Permit application filed pursuant to PCC 17B.10.100, shall be paid prior to the issuance of the permit. The fee is set at $75.00 per application. Fees collected for issuance of any General Right-of-Way Permit shall be deposited in the County Road Fund. (Ord. 99-24S § 6 (part), 1999)

17B.10.112 Temporary Road Closure Permit Fee.

The fee for processing of Temporary Road Closure Permits shall be $500.00. This fee shall compensate the Department of Planning and Public Works, for review time, posting of public notices, publication of legal notices, and all other labor, vehicle and signage expenses associated with the permit approval. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2005-40s § 1 (part), 2005)

17B.10.114 Financial Guarantee.

Prior to the issuance of any Temporary Road Closure Permit or of any General Right-of-Way Permit, the applicant may, at the discretion of the Department of Planning and Public Works, be required to provide a financial guarantee, to assure completion of the permitted activity within the permit time limit. Failure to complete the permitted activity within the permit time limit will cause Pierce County to assess liquidated damages as provided for in the latest version of Standard Specifications for Road, Bridge, and Municipal Construction as published by the Washington State Department of Transportation. In the Liquidated Damages formula, the original contract amount shall be defined as the value of the private or public contract. The financial guarantee may be either a bond or assignment of funds, on a form provided by Pierce County, and shall be in the amount determined by the Department of Planning and Public Works, but not less than $5,000.00. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2005-40s § 1 (part), 2005)

17B.10.115 Waiver of Permit Fees.

The permit fees provided for in Sections 17B.10.110 and 17B.10.112 may be waived by the Director under the following conditions:

A.    The applicant can show proof of non-profit status as defined by Internal Revenue Code Section 501(c); and

B.    The road or right-of-way to be used or closed is not a major or secondary arterial.

(Ord. 2006-31 § 1, 2006)

17B.10.116 Public Roads.

A.    County Roads. All work within existing and proposed County right-of-way shall be in accordance with Chapter 17B.10 PCC.

B.    Unopened County Road Right-of-Way.

1.    No development, except access for single-family dwelling units, shall be allowed to use dedicated, but unopened, county right-of-way. Access for single-family dwelling units is allowed under the following conditions and standards:

a.    A written request seeking permission to use the unopened ROW must be submitted to the County Engineer for review and approval.

b.    The applicant must execute and record the County Engineer's standard license.

c.    Required driveway traveled widths shall be as follows: 15 feet for one single-family dwelling unit, 18 feet for two single-family dwelling units, 20 feet for three to four single-family dwelling units, and 24 feet for five to six single-family dwelling units. Use of permeable pavement on driveways is allowed where feasible.

d.    If the proposed driveway length is a dead-end 300 feet or longer without an approved turnaround, an approved turnaround is required on the subject property or approved alternative location. See Figure 17C.60.150-5. Use of permeable pavement on driveways is allowed where feasible.

e.    The driveway structural section must be designed and constructed to support the imposed loads of fire apparatus and must provide an all-weather driving surface. Compliance with the Storm Water Management and Site Development Manual may require that a driveway be designed and constructed using permeable pavement. Driveways serving five to six dwelling units must be paved with asphalt or concrete. Driveways with grades of 12 percent or greater must be paved with asphalt or concrete. Acceptable driveway pavement structural sections are located in the Pierce County Standard Drawings.

f.    Construction plans prepared by a licensed professional engineer in the State of Washington shall be required. Said plans shall also include a survey to locate at a minimum true centerline of the unopened County right-of-way.

g.    All required permits including, but not limited to, General Right-of-Way, Driveway Approach, Critical Area, and Site Development, etc., must be obtained prior to construction.

h.    All maintenance and operation shall be the responsibility of the benefited party(s) as per the license.

i.    No more than six single-family dwelling units shall be allowed to use an unopened County right-of-way.

2.    If right-of-way exists and/or right-of-way can be deeded to provide right-of-way widths in accordance with PCC 12.24.040, the development will be required to construct roads within the unopened right-of-way adjacent to the development boundaries and for distances necessary to provide access to the development.

C.    Extending County Roads. Proposed new public roads must be connected directly with existing public roads.

(Ord. 2018-68s § 1 (part), 2018; Ord. 2017-28s § 4 (part), 2017; Ord. 2015-55s § 1 (part), 2015; Ord. 2012-2s § 3 (part) 2012; Ord. 2010-70s § 6 (part), 2010)

17B.10.117 Public Road and Storm Drainage Facilities Dedication.

A.    Pierce County has no obligation or duty to accept any road or storm drainage facilities. It shall be the responsibility of the owner(s) of road and storm drainage facilities to submit a preliminary site plan showing the road(s) and storm drainage facilities proposed to be dedicated to the County.

B.    If reconstruction of road and storm drainage facilities is necessary to bring the existing road and/or storm drainage facilities into conformance with County standards, then construction plans, prepared in accordance with all applicable Codes, shall be submitted for review and must be approved by the County before construction activity commences.

C.    Unless otherwise approved by the Director of Planning and Public Works or County Engineer, the County will not accept a dedication of right-of-way, a tract, or an easement until such time that the road and/or storm drainage facilities have been constructed and received final construction approval.

D.    The owner(s) of the road and storm drainage facilities must submit all necessary deeds, easements, etc., to the County for review and approval. Once approved by the County, the owner(s) will be required to record the appropriate documents with the Pierce County Auditor.

E.    Once the road has been dedicated to and accepted by the County, the road shall remain open for public use and may not be closed, except by the County, as provided by RCW 47.48.010, 47.48.020 and 47.48.031.

F.    Right-of-way widths must conform to the requirements outlined in PCC 12.24.040.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2012-2s § 3 (part), 2012; Ord. 2010-70s § 6 (part), 2010)

17B.10.118 Inspections, Right of Entry, Access.

A.    Authority. The County Engineer is authorized to make such inspections and take such actions as may be required to enforce the provisions of this Title.

B.    Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Title, or whenever the County Engineer has reasonable cause to believe that violations of this Title are present or operating on a subject property or portion thereof, the County Engineer may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the County Engineer by this Title; provided that, if such premises or portion thereof is occupied, the County Engineer shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.

C.    Access. Proper ingress and egress shall be provided to the County Engineer to inspect or perform any duty imposed upon the County Engineer by this Title. The County Engineer shall notify the responsible party in writing of a failure to provide access. If the responsible party fails to respond within seven days from the receipt of notification, the County Engineer may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all cost that may be incurred or expended by the County in causing such work to be done shall be imposed on the person holding title to the subject property.

D.    Inspections.

1.    On all private road, shared access facilities, and alleyway construction, on all road construction proposed to be dedicated to public roads, and on all proposed improvements within an existing County right-of-way, the applicant will be responsible for retaining an engineer to conduct inspections. Unless otherwise instructed by the County, inspections will be made as follows:

a.    Inspection No. 1: Clearing and grubbing, embankment and excavation, underground drainage, at that state where trenching and placing of pipe are complete but prior to backfilling, and temporary water detention/retention and siltation control in accordance with the approved plans.

b.    Inspection No. 2: General roadway/shared access facility/alleyway, at that state where the drainage system, underground utilities, and roadway/shared access facility/alleyway grading to suitable subgrade is complete, including gravel ballast if required. This inspection shall include proof rolling and/or compaction testing to verify that the subgrade has been properly prepared.

c.    Inspection No. 3: General roadway/shared access facility/alleyway, at that state where the crushed gravel surfacing has been placed.

d.    Inspection No. 4: General roadway/shared access facility/alleyway, while the paving is in progress.

e.    Inspection No. 5: Overall roadway/shared access facility/alleyway, after paving, cleaning of drainage system and all necessary clean-up, striping, buttoning, monumentation, and all roadway delineation work.

2.    The engineer shall perform required testing and inspections and document the findings in the Engineer's Inspection Report Form. The form is available on the Pierce County website.

3.    The County may perform inspections in addition to the inspections performed by the engineer. The contractor must contact the County inspector prior to beginning construction to coordinate any County inspections.

4.    If adequate inspection is not called for before completion of the roadway/shared access facility/alleyway construction, the engineer or the County may require core drilling and testing to be performed to assure acceptable roadway quality.

5.    Certification.

a.    Upon completion of construction, the engineer must provide a stamped certification to the County. By the act of providing the certification the engineer will be verifying:

(1)    That the public road, private road, shared access facility, and/or alleyway has been constructed in accordance with the engineer's design and the standards established by this Title.

(2)    That the road signs are in place (private roads, shared access facilities and alleyways only).

(3)    The gate (if applicable) has been installed in conformance with the requirements of this Title.

(4)    Bridge record (as-built) drawings must be prepared by and signed by a licensed structural engineer.

b.    The certification shall be stamped, signed, and dated by the engineer and shall be submitted as part of Attachment G, Engineer's Inspection Report Form, of the Pierce County Stormwater Management and Site Development Manual.

6.    The County may perform additional inspections prior to acceptance of the letter of certification and the County reserves the right to reject the letter of certification and construction when deficiencies are noted.

E.    Materials Acceptance List. It shall be the engineer's responsibility to provide the County with a materials acceptance list for all materials used on the project when required by the County. The materials acceptance list shall confirm, by supplier's verification, materials testing reports or reports stamped and signed by the engineer that the particular item(s) meet County and/or State specifications.

F.    Substitutions. When substituting existing material for Gravel Base Class "B," the County may require a report from a materials testing laboratory verifying the quality of the material.

G.    All reports, materials verifications, or other documents submitted to the County for acceptance shall be stamped and signed by the engineer.

(Ord. 2018-68s § 1 (part), 2018; Ord. 2010-70s § 6 (part), 2010)

17B.10.120 Owners' Organization Required to Perform Maintenance and Operation.

A.    All private roads, shared access facilities, alleys, and ingress/egress easements (whether existing or proposed) shall be maintained and operated by the owners of the properties served by them. In order to ensure the continued maintenance and operation, a declaration of covenant requiring maintenance and operation shall be recorded with the Pierce County Auditor's Office.

B.    For any proposed subdivision that proposes private roads, shared access facilities, or alleys, the declaration of covenants must be recorded with the Pierce County Auditor's Office prior to or concurrent with the recording of the final subdivision document.

C.    For all other project types (single-family building permits, commercial building permits, proposed public facilities pursuant to PCC 17B.20.030, etc.) the declaration of covenants must be recorded prior to building permit approval on any of the lots.

D.    The declaration of covenants shall include the following terms and requirements:

1.    The agreement for maintenance and operation shall be enforceable by any property owner served by the private road, shared access facility, alley, or ingress/egress easement.

2.    A means shall be established for assessing maintenance and operation costs equitably to property owners served by the private road, shared access facility, alley, or ingress/egress easement.

3.    The declaration of covenants shall run with the land.

4.    "Maintenance" shall include, but not be limited to, road surfacing, gates, stop signs, speed limit signs, road name signs, storm drainage facilities, and vegetation control.

5.    "Operation" shall include, but is not limited to, towing of improperly parked vehicles; removal of obstructions within the easement or tract; assuring access for the local fire department; assuring that necessary sight distances are maintained; and snow/ice removal.

6.    Obstructions normally located on private property or outside of an easement including, but not limited to fences, landscaping retaining walls, basketball hoops, or yard fixtures, are not allowed within private road, shared access facility, or alley easements and tracts.

7.    Homeowners are responsible for assuring that the quantity, location, installation and manufacture of road name signs, stop signs, speed limit signs, and other traffic control signs are kept in place in accordance with the project construction plans on file with Pierce County.

8.    Road signs names and numbers must be in accordance with Chapter 10.44 PCC.

9.    Homeowners are responsible for assuring that stopping sight distance and entering sight distances are maintained in accordance with the project construction plans on file with Pierce County.

(Ord. 2010-70s § 6 (part), 2010)

17B.10.121 Obstructions in Public Road Right-of-Way, Easements or Tracts.

A.    Obstructions normally found located on private property, including but not limited to fences, landscaping retaining walls, basketball hoops, or yard fixtures, are not allowed: in the public road right-of-way; in a private road easement or tract; or a shared access easement or tract.

B.    Obstructions normally found within a public road right-of-way, or private road easement, including but not limited to, street lighting poles, power poles, utility boxes, telephone boxes, street trees, and/or landscaping material shall not be allowed in a manner or location that will interfere with the traveled surface, pedestrian area, and shoulder area.

C.    Sight-obscuring objects must be located to provide sight distances as required in the road standards contained in Chapter 17B.10 PCC.

(Ord. 2010-70s § 6 (part), 2010)

17B.10.125 Penalties and Enforcement.

The regulations for compliance with the provisions of this Title are set forth in Chapter 18.140, Compliance. (Ord. 2010-70s § 6 (part), 2010; Ord. 99-24S § 6 (part), 1999)

17B.10.130 Severability.

If any provision of this Title or its application to any person or circumstances is held invalid, the remainder of this Title or the application of the provision to other persons or circumstances shall not be affected. (Ord. 99-24S § 6 (part), 1999)