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HomeMy WebLinkAboutord2007-066WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 -446 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: MJD 10123107 U1 L— .��J L ll i �L� _; r, f, T 2J�! w• �.r t v J t 11/07/07 Introduction Division Head: 11120/07 Couiici!- Hearin Dept. Head: %% 0 Prosecutor: DLG 10/26/07 Slrrii s �•y.f %f.._f r 7 + , VI Ai,;A,� %G -2'f / Purchasin /Bud $ t: IJ /)-7 V4J;1�'riu L Executive: Vej 0.O TITLE bF DOCUMENT.• Ordinance to revise WCC 12.14, referring Permits For Use Of Unopened Rights -of -way (Trail Permits) fees to the Whatcom County Unified Fee Schedule. ATTACHMENTS: 1. Memo to County Executive and Council 3. Exhibit (Whatcom County Code 12.14)- redlined 2. Ordinance SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( X )Fes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 11120107 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this itein is an ordinance or requires a public hearing, you must provide the language far use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amend Ordinance #80 -01 and Whatcom County Code 12.14, referring Trail Permit fees to the Whatcom County Unified Fee Schedule. COMMITTEE ACTION.• COUNCIL ACTION.• 11/7/2007: Introduced 11/20/2007: Council Adopted 7 -0 Ord.- 2007 -066 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2007 -066 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.wha1com.wa.us1council. 1 SPONSORED BY: Consent 2 PROPOSED BY: Public Works Engineering 3 INTRODUCTION DATE: 11/7/2007 4 ORDINANCE NO. 2007 -066 5 6 AMENDING THE ORDINANCE SETTING THE FEE SCHEDULE FOR TRAIL PERMITS TO 7 INCORPORATE BY REFERENCE THE FEES SET FOR SUCH PERMITS IN THE WHATCOM 8 COUNTY UNIFIED FEE SCHEDULE 9 10 11 WHEREAS, Ordinance #80 -01 was adopted to provide for Permits And Standards For 12 Use Of Unopened Rights -of -ways (Trail Permits) to allow and regulate construction, installation, 13 repair, structure replacement, excavation, fill, and grade within unopened and non - maintained 14 County right -of -way; and 15 16 WHEREAS, Ordinance #80 -01 was codified into Whatcom County Code 12.14; and 17 18 WHEREAS, as adopted, the ordinance set specific amount of the permits and activities 19 performed under trail permits; and 20 21 WHEREAS, in the interest of efficient establishment and administration of fees, WCC 22 12.14 should be revised to provide that the fee amounts charged for Trail Permits be set 23 periodically through the Whatcom County Unified Fee Schedule (see Exhibit A); 24 25 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom 26 County Code 12.14 is hereby amended as set forth in attached Exhibit A, with the amendments 27 to become effective upon the initial effective date of the Whatcom County Unified Fee Schedule 28 adopted for 2008. 29 30 ���N�`��this 20 3S , �I 3 3a • 37 day of November, 2007. 38 Dana• dW1k FfWis, Quncil Clerk 39 �'�, '•••• ' ,,. �.. 40 1r� iiii����� 41 APPROV�iS AS TO FORM: 42 43 - 44 45 f 46 Civil Deputy Prosecutor 47 Daniel L. Gibson 48 Assistant Chief Deputy Prosecuting Attorney 49 50 Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON ona tDcEwrrve- P �r°©� Peke Kremen, Co ty Executive (� Approved ( ) Denied Date Signed: r r 2-02 7 EXHIBIT A Whatcom County Code Chapter 12.14 PERMITS AND STANDARDS FOR USE OF UNOPENED RIGHTS -OF -WAY Chapter 12.14 PERMITS AND STANDARDS FOR USE OF UNOPENED RIGHTS -OF- WAY Sections: 12.14.010 Definitions. 12.14.020 Permit — Required. 12.14.030 Permit — Contents. 12.14.040 Required improvements. 12.14.050 Materials within right -of -way. 12.14.060 Signs. 12.14.070 Approvals. 12.14.080 Covenants. 12.14.090 Trail permit standards. 12.14.100 Plans. 12.14. 110 Survey. 12.14.120 Dedication. 12.14.130 Illegal subdivision. 12.14.140 Notification to adjacent landowners. 12.14.150 Other permits. 12.14.160 Environmental review. 12.14.170 Fees. 12.14.180 Temporary access permit. 12.14. 190 Appeal. 12.14.010 Definitions. A. "Development approval" means the granting of a building permit, mobile home foundation permit, or county land use approval. B. "Director" means the director of the county department of public works. C. "Engineer" means the county engineer. D. "Temporary access permit" means a permit issued pursuant to Chapter 12.16 authorizing the temporary access use of unopened or unmaintained county road right - of -way for limited, short duration activities. E. "Trail permit" means a permit issued pursuant to this chapter authorizing construction and permanent use of a privately maintained roadway within the unopened or unmaintained county road right -of -way issued by the director and/or the county engineer. (Ord. 80 -1 § 6 (part)). 12.14.020 Permit — Required. Unopened and /or unmaintained county road rights -of -way shall not be privately improved or used for access purposes, nor shall development approval necessitating such improvements or use be granted, unless a permit therefor has been issued pursuant to this chapter. Access approvals issued prior to the effective date of the ordinance codified in this chapter shall remain in effect if improvements were constructed in accordance with the terms thereof. If not so constructed, such prior county approvals shall be null and void on the passage of the ordinance codified in this chapter. (Ord. 80 -1 § 1). 12.14.030 Permit - Contents. Upon filing of a complete application, payment of the fee and posting of a construction bond or approved letter of credit or dedication of additional right -of -way, if required, the director may issue a permit authorizing the construction of road improvements and permanent use thereof on unopened, unmaintained county road right -of -way for access to the applicant's property. Such permit shall contain the information required by Sections 12.14.040 through 12.14.080. (Ord. 80 -1 § 2 (part)). 12.14.040 Required improvements. The permit shall specify minimum improvements required by the director in accordance with the standards of the bureau of engineering, department of public works. Construction of such improvements to the satisfaction of the director shall be completed prior to issuance of an occupancy permit. The permittee shall be responsible for proper notice to the director and/or county engineer requesting the necessary inspection. (Ord. 80 -1 § 2(A)). 12.14.050 Materials within right -of -way. The permit shall contain a statement regarding the use or disposition of timber, soil, rock, vegetation, or other materials found within the right -of -way. If not utilized in the construction of roadway, improvements, such materials shall be disposed of in accordance with the direction of the abutting property owners and /or the county engineer. Any affected fences located within the right -of -way shall be disposed of and /or relocated in accordance with the direction of the director and /or the county engineer. (Ord. 80 -1 § 2(B)). 12.14.060 Signs. The permit shall require that the authorized roadway be posted at its entrance with "Privately Maintained Road" and /or "End of County Maintained Road." Required signs are provided by the director, maintained by the county and paid for by the permittee. (Ord. 80 -1 § 2(C)). 12.14.070 Approvals. Upon completion of the required improvements, the county engineer shall indicate his approval on the permit and make the appropriate notice thereof upon official county road right -of -way records. (Ord. 80 -1 § 2(D)). 12.14.080 Covenants. The permit shall include a covenant running with the land and for the benefit of Whatcom County which covenant shall be filed with the Whatcom County auditor and contain: A. A legal description of the lot or parcel to be served by the trail permit; B. A statement regarding the nature of access to such parcel; C. A statement that the owners of the parcel will not oppose participation in a county road improvement district if formation of such a district is deemed necessary by the county council; D. A statement that responsibility for the maintenance of the road rests jointly and equally upon all permit holders; E. A prohibition against subdividing such parcels without obtaining either plat or short plat approval therefor or, if exempt from platting, a trail permit for the additional lots being created; F. A statement that the covenant is binding on the successors and assigns of the owners; G. The acknowledged signatures of the owners of record of such parcel. (Ord. 80 -1 § 2(E))• 12.14.090 Trail permit standards. Road improvements authorized by trail permits shall be designed and constructed in accordance with the roadway section chart on file in the office of the county engineer. The first permit issued for previously unimproved right -of -way will require the permittee to clear and grub the total right -of -way width, to grade, drain, and surface the roadway in accordance with the roadway section chart and to make such additional improvements as may be required by the director and/or county engineer. Each subsequent trail permit issued for right -of -way improved under prior permits shall require the permittee to further improve the constructed roadway as designated by the director. Such additional improvements may include, but not be limited to, the following: A. Second Permit. Remove any builtup sod from the existing roadway, regrade ditches and drainageways, provide a minimum of six inches of gravel base, Class B, across the center 20 feet of the roadway. B. Third Permit. Remove any builtup sod from existing roadway, regrade ditches and drainageways, regrade existing roadway, provide a minimum of two inches of crushed surfacing top course across the center 14 feet of roadway. C. Additional Permits. Subsequent permittees shall add such additional crushed surfacing top course, regrade ditches and roadway and make such further improvements as may be necessary in the opinion of the director. If considered appropriate, the director may recommend to the council the formation of a road improvement district (RID or LID). (Ord. 80 -1 § 3). 12.14.100 Plans. Detailed engineering plans and /or a drainage study may be required when considered necessary by the county engineer. Costs for the development of such plan and conduct of required studies shall be borne by the permit applicant. When required, such plans and study shall be in accordance with the requirements for plat development. (Ord. 80 -1 § 4(A)). 12.14.110 Survey. When considered necessary by the director to adequately define the limits of right - of -way, the permit applicant shall cause the right -of -way to be surveyed by a licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act. (Ord. 80 -1 § 4(B)). 12.14.120 Dedication. A permit applicant shall be required to deed additional right -of -way across property under his authority when necessary to fulfill the minimum road right -of -way width prescribed by RCW 38.85.010. (Ord. 80 -1 § 4(C)). 12.14.130 Illegal subdivision. A permit shall not be issued to provide access to a lot or parcel created in violation of the existing platting law. (Ord. 80 -1 § 4(D)). 12.14.140 Notification to adjacent landowners. A permit applicant shall provide certification that all owners of the property abutting on each side of the right -of -way have been contacted. Any objections of such property owners shall be stated along with the manner in which the applicant proposes to resolve the objections. (Ord. 80 -1 § 4(E)). 12.14.150 Other permits. It shall be the responsibility of the permit applicant to obtain all other required permits and approvals. (Ord. 80 -1 § 4(F)). 12.14.160 Environmental review. The permit process prescribed in this chapter may be subject to the county environmental policy ordinance (see Chapter 16.08 of this code). (Ord. 80 -1 § 4(G)). 12.14.170 Fees. A fee of $59.99 in the amount set forth in the unified fee schedule shall be paid to the public works department at the time of the application for a trail permit. Such fee is nonrefundable and must accompany each application fGF a trail eFfflit. For an individual temporary access permit a fee of $20.90 shall he nnidd t., revocable encroachment permit shall be obtained from the public works department, with payment of fees as required in this code, §12.16.090 at the time of nnnlinntinn L'UGh fee 06 RORFe f UR. (Ord. 80 -1 § 5). 12.14.180 Temporary access permit. A temporary access permit (revocable encroachment permit) means a permit issued pursuant to Chapter 12.16 authorizing temporary access use of unopened or unmaintained county road right -of -way for limited, short duration activities. (Ord. 80 -1 § 6 (part)). 12.14.190 Appeal. A permittee may appeal the action of the director and/or the county engineer in denying conditions or otherwise acting upon a permit provided that a written request for reconsideration must first be filed with the director within 30 days of the action complained of. The request shall state what action is being questioned and the reason for the disagreement. Upon receipt of this request, the director may choose to affirm, reverse, or modify his or the county engineer's prior action. Notice of the director's response shall be mailed to the permittee within 10 working days of the receipt of the request for reconsideration. The director's action may thereafter be appealed to the county council by filing a written notice of appeal with the clerk of the council within 30 days of the date of response from the director to the written request for reconsideration. The clerk, upon receipt of an appeal, shall schedule a public meeting or place before the regular council meeting at which time testimony will be taken from the permittee and from the director. Based upon the data supplied at this meeting and such other information as the council may request, the council may either sustain, reverse, or modify the action of the director. The decision of the council shall be final and binding and not subject to further appeal. (Ord. 80 -1 § 7).