HomeMy WebLinkAbout06 0615 92 ORDINANCE NO. 06-0615-92
REPEALING ORDINANCE NO. 3-85 AS AMENDED BY ORDINANCE NO. 040617-91
JEFFERSON COUNTY ROAD VACATION ORDINANCE
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Larry W. Dennison, District i Commissioner
B.G. Brown, District 2 Commissioner
Richard E. Wojt, District 3 Commissioner
Lorna L. Delaney, Clerk of the Board
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
Gary A. Rowe, Director
M. Carter Renner, Planning and Programs Manager
Eileen D. Simon, Administrative Assistant
JEFFERSON COUNTY PROSECUTING ATTORNEY
Mark L. Huth
June, 1992
TABLE OF CONTENTS
SECTION 1 PURPOSE ............................................
SECTION 2 DEFINITIONS .........................................
SECTION 3 SCOPE ................ : .............................
SECTION 4
4.10
4.20
4.30
4.40
4.50
4.60
4.70
4.80
ADMINISTRATION '
APPLICATION .........................................
PUBLIC WORKS DEPARTMENT ............................
PLANNING AND BUILDING DEPARTMENT ....................
ASSESSOR'S OFFICE ....................................
OTHER APPLICABLE DEPARTMENTS, AGENCIES, AND OFFICES
HEARING EXAMINER ...................................
BOARD OF COUNTY COMMISSIONERS .......................
~S C ROAD VACATIONS ...............................
SECTION 5 REVIEW CRITERIA .....................................
SECTION 6 COMPENSATION REQUIREMENT ...........................
SECTION 7 LEGISLATIVE ACTION ..................................
SECTION 8 LEGAL PROVISIONS ....................................
8.10 SEVERABIIffrY ................................. . .......
8.20 REPEALER ...........................................
8.30 EFFECTIVE DATE. .....................................
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R~ Vacati~ Ordir~r~e No. 06-0615-92
In the Matter of
An Ordinance,
Repealing Ordinance No. 3-85
As Amended by
Ordinance No. 04-0617-91,
Jefferson County
Road Vacation Ordinance
COUNTY OF JEFFERSON
STATE OF WASHINGTON
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ORDINANCE NO. 06-0615-92
SECTION 1 PURPOSE
The purpose of this ordinance is to provide uniform criteria for the vacation of county roads
within Jefferson County pursuant to the Roads and Bridges Vacation Act (Chapter 36.87, Revised
Code of Washington).
SECTION 2 DEFINITIONS
COUNTY: Jefferson County, State of Washington
COUNTY ROAD: A public right of way, which lies outside the limits of any incorporated city,
and that has been dedicated to, deeded to, established by usage, maintained, or otherwise
established by the county. Such county roads shall be classified as follows:
Class A: ROads established, dedicated to, deeded to, or otherwise established by the
County for which no public expenditures have been made in the acquisition, improvement,
or maintenance of same EXCEPT those roads platted prior to March 12, 1904 which
remained unopened for public use for a period of five years after authority was granted for
opening them.
Class B: Roads established, dedicated to, deeded to, or otherwise established by the
County for which public expenditures have been made in the acquisition, improvement, or
maintenance of same EXCEPT those roads platted prior to March 12, 1904 which remained
unopened for public use for a period of five years after authority was granted for opening
them.
Class C: Those roads platted prior to March 12, 1904 which remained unopened for public
use for a period of five years after authority was granted for opening them.
SECT/ON 3 SCOPE
This ordinance shall apply to petitions for the vacation of all or portions of a county road
within Jefferson County.
Road Vacation Ordinance No. 06-0615-92
SECTION 4 ADMINISTRATION
4.10 APPLICATION: Petitions for road vacations shall be submitted, along with fees as
provided by the Board of County Commissioners, in writing to the Department of Public Works.
The petition shall be signed by a majority of owners of the frontage of the road or portion thereof
proposed to be vacated. The petition must show the land owned by each petitioner and set forth
that such county road is useless as a part of the county road system and that the public will be
benefitted by its vacation and abandonment. All fees and costs described herein shall be paid
prior to the vacation becoming effective. Subsection 4.80 of this Ordinance shall apply to the
vacation of Class C roads; the remainder of Section 4 shall pertain to the vacation of Class A and
Class B roads.
The Board of County Commissioners may initiate vacation action by resolution when
1)
2)
3)
4)
requested to do so by the County Engineer;
the County is desirous of initiating a property exchange for relocation of a right
of way to a better location, or for greenbelt purposes;
the right of way lies within County property;
the right of way lies within other public lands.
4.20 PUBLIC WORKS DEPARTMENT: The Jefferson County Public Works Department
shall accept the road vacation petition and fee. The department shall provide pre-application
consultation to the principal petitioner. The Public Works Department shall contact the Planning
and Building Department and other applicable departments, agencies and offices requesting that
they review such vacation and return any and all comments to Public Works. The Public Works
Department shall also contact all adjacent property owners within a three hundred foot radius of
the vacation request. After the Jefferson County Hearing Examiner establishes the date of public
hearing, the Public Works Department shall review the petition and post each terminus of the
subject road with a public notice stating the fixed date of the public hearing. Such public notice
shall be posted at least twenty (20) days prior to the fixed date of the public hearing.
The Public Works Department shall examine the proposed road vacation and produce a written
report for the Hearing Examiner record that includes the County Engineer's opinion as to: (1)
whether or not the subject road should be vacated; (2) whether or not the road has been in use;
(3) what the condition of the road is; (4) whether or not it is advisable to preserve the road for
the county road system in the future; (5) whether or not the public will benefit by such vacation;
(6) whether public expenditures have been made in the acquisition, improvement, or maintenance
of the subject road, and the amount of said expenditures; and (7) any other applicable facts or
information.
The Department of Public Works shall prepare a written staff report for the Hearing
Examiner's review and recommendation.
The Public Works Department shall then forward the Hearing Examiner's recommendations
and appropriate information to the Board of County Commissioners.
The Public Works Department shall submit a bill for the cost of such an examination and
report. The petitioners shall be responsible for payment of these costs prior to the vacation
becoming effective. When directed by the Hearing Examiner, the Public Works Department shall
Road Vacation Ordinance No. 06-0615-92
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also provide an estimated amount of past county expenditures on the subject road.
4.30 PLANNING AND BUILDING DEPARTMENT: The Planning and Building
Department shall review the petition and prepare a written report that includes: (1) the road
vacation's consistency with the Jefferson County Comprehensive Plan and any other applicable
plans, policies, or ordinances; (2) whether environmentally sensitive areas exist in the vicinity
which might be affected by the vacation; and (3) any other applicable facts or information. This
report shall be submitted to the Department of Public Works for inclusion in the staff report. The
Planning and Building Department shall also submit to the Department of Public Works a bill for
costs in conducting their review and developing their report.
The Jefferson County Hearing Examiner shall direct the Planning and Building Department
to establish the date of the public hearing. This date shall be selected in accordance with the
Heating Examiner's regular schedule. The Jefferson County Department of Public Works shall
ensure that notice of the public hearing is published in a newspaper having county-wide circulation
at least once a week for two (2) consecutive weeks prior to the fixed date of the hearing.
4.40 ASSESSOR'S OFFICE: The Jefferson County Assessor's Office shall review petitions
to ensure all petitioners are property owners of the frontage of the proposed road vacation. The
assessor shall provide an assessed value for the subject area of the proposed vacation. The
assessor's office shall submit a bill for costs in conducting their review and developing the assessed
property value to the Board of County Commissioners.
4.50 OTHER APPLICABLE DEPARTMENTS, AGENCIES, AND OFFICES: When
appropriate, the following departments, agencies, and offices shall be contracted to review and
comment on the petition: the water supply provider, the water treatment provider, the electric
power provider, the telephone service provider, the Jefferson County Sheriff's Office, the local fire
district, the emergency medical services provider, and any other applicable departments, agencies,
and offices.
4.60 HEARING EXAMINER: In accordance with RCW 36.87.060 and Jefferson County
Ordinance No. 1-0318-91, the Hearing Examiner shall hold a public hearing on all petitions for
road vacations. The Examiner shall review the road vacation petition, the written staff report(s),
and the criteria contained in Section 5 of this Ordinance, and shall receive public testimony in
support of or in opposition to the proposed road vacation. The Hearing Examiner shall then issue
a written record of recommendation to grant or deny the petition, with any conditions of approval.
4.70 BOARD OF COUNTY COMMISSIONERS: The Board of Jefferson County
Commissioners shall review the report and recommendation of the Jefferson County Hearing
Examiner. The Jefferson County Board of Commissioners shall either deny or accept and adopt,
in whole or in part,' the findings, conclusions, and recommendations of the Hearing Examiner, and
shall make a final determination whether the request shall be denied, approved, approved with
conditions, or approved in part. The Board of County Commissioners may make separate or
revised findings and conclusions. These shall be based upon testimony presented at the public
meeting at which the Hearing Examiner's recommendation is considered.
As a special condition for granting approval of the road vacation petition, the Board of County
Commissioners may: 1) retain an easement within the subject vacated area for the construction,
Road Vacation Ordinance No. 06-0615r92
repair, and maintenance of public utilities and services, pursuant to RCW 36.87.140 and Section
5 of this Ordinance, and/or 2) retain an easement within the subject vacated area for trail or
pathway purposes, pursuant to Section 5 of this Ordinance and in accordance with the provisions
of Chapter 7 of the Jefferson County Comprehensive Parks Plan.
4.80 CLASS C ROAD VACATIONS: In accordance with Section 32, Ch. 19, P. 603, Laws
of 1889-1890, roads which are classified Class C in this Ordinance are vacated by operation of law;
however, action of record must be taken by Jefferson County to remove any cloud to title
remaining as a result of a recorded interest in the County. At the time of application, the
principal petitioner shall submit a request for a statutory or non-use vacation, along with fees as
provided by the Board of County Commissioners.
The petitioner must present proof that the road or right of way remained unopened for a
period of five years following dedication in the plat. Such proof shall be in the form of sworn and
notarized affidavits or public documents duly certified.
The County Engineer shall prepare a report foi the Board of County Commissioners stating
whether the road was vacated by operation of law and the County divested of its interest before
the 1909 amendment, Laws of 1909, Chapter 90, Section 1, which exempted from vacation by
operation of law certain lands dedicated for road purposes, became effective.
The Board of County Commissioners shall make a final determination whether the request
shall be denied or approved.
SECTION 5 REVIEW CRITERIA
Road vacation petitions shall be reviewed according to the following criteria:
1. The proposed road vacation complies with the Jefferson County Comprehensive Plan and any
other applicable plans, policies, or ordinances.
Roads should not be closed, vacated, or abandoned when land uses or development plans, or
occurring patterns, indicate their usefulness for area circulation. Prior to a vacation decision,
an examination should be made of its probable effect on overall area circulation in the
neighborhood. Single or multiple vacations should be considered a positive tool toward
improving neighborhood circulation and accesses.
The effectiveness of fire, medical, law enforcement, or other emergency services should not be
impaired by the closure, vacation, or abandonment of county roads. Appropriate authorities
should be consulted with respect to this policy.
Roads should not be closed, vacated, or abandoned when such routes can effectively be used
for utility corridors. Suitable utility, easements could be retained as a means of satisfying this
policy. Public and private utility companies and their plans should be consulted with respect
to this policy. In compliance with R.C.W. 36.87.140, the Board of County Commissioners may
retain an easement within the subject vacated area for the construction, repair, and
maintenance of public utilities and services.
Road Vacation Ordinance No. 06-0615-92
5. Roads should not be closed, vacated, or abandoned when such routes can be effectively used
for trails or pathways. Suitable trail easements could be retained as a means of satisfying this
policy. The Jefferson County Parks, Recreation, and Open Space Plan should be used as a
guide to determine trail needs.
In compliance with R.C.W. 36.87.130, no county road or part thereof should be vacated that
abuts on a body of salt or fresh water, unless the vacation is to enable any public authority to
acquire the vacated property for port purposes, boat moorage, or launching sites or for park,
viewpoint, recreational, educational, or other public purposes, or unless the property is zoned
for industrial purposes.
7. The proposed vacation will not land lock any parcel of property.
SECTION 6 COMPENSATION REQUIREMENT
The Board of County Commissioners shall require compensation by the principle petitioner(s)
for all Class A and Class B vacated rights-of-way in compliance with R.C.W. 36.87.120. .~
Compensation for all Class A vacated rights-of-way shall be determined at a rate of fifty
percent (50%) of the assessed value of the property as determined by the county assessor's office..
Compensation for all Class B vacated rights-of-way shall be determined at a rate of fifty
percent (50%) of the assessed value of the property as determined by the county assessor's office.
In addition, compensation shall be paid in an amount equal to the amount of public expenditures
made in acquisition, improvement, or maintenance on the subject road.
The assessed value of the right-of-way may be obtained, at the proponent's request and
expense, from an appraiser certified in the State of Washington. Verification must be provided
that the appraiser is certified by the Washington State Department of Licensing. If the property
value provided by the County Assessor and the certified appraiser differ, the principle petitioner(s)
may choose which value shall be used in determining the required compensation.
Alternate compensation may be provided in lieu of the monetary amounts defined above when
found acceptable to the Board of County Commissioners. In this event, alternate forms of
compensation must equal or exceed the monetary compensation required by this ordinance.
Alternate compensation shall include but not be limited to the exchange of property and/or
improvements provided by the principle petitioner(s). Compensation shall be paid to the County
subsequent to the Board of County Commissioners approval of road vacations and prior to the
signing of the vacation resolution.
Compensation and all other fees must be paid within one year of approval of the request.
Should the request be denied, reimbursement to Jefferson County of all costs of processing the
request shall be the responsibility of the principal petitioner. If fees are not paid or conditions of
approval are not met within one year of the Board of County Commissioners' approval of the
vacation request, approval may be rescinded upon notice by mail to the petitioners.
Road Vacatio~ Ordinance No. 06-0615-92
SECTION 7 LEGISLATIVE ACTION
At a regular public meeting, the Board of County Commissioners shall review the Hearing'
Examiner's report and recommendation, and may, at the discretion of the Board, accept public
testimony in support of or in opposition to the proposed road vacation. The Board of County
Commissioners, by a majority vote, shall then grant or deny the petition.
As a special condition for granting approval of a road vacation petition, the Board of County
Commissioners may: (1) retain an easement within the subject vacated area for the construction,
repair, and maintenance of public utilities and services, pursuant to R.C.W. 36.87.140 and Section
5 of this ordinance; and or (2) retain an easement within the subject vacated area for trail/pathway
purposes, pursuant to Section 5 of this ordinance.
SECTION 8 LEGAL PROVISIONS
8.10 SEVERABILITY: If any section, subsection, or other portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall
not affect the validity of the remaining portion of this ordinance.
8.20 REPEALER: Jefferson County Ordinance No. 3-85, as amended by Ordinance No. 04-
0617-91, and all rules and regulations, and ordinances of Jefferson County in conflict with this
ordinance, are hereby repealed.
8.30 EFFECTIVE DATE: This ordinance shall become effective the FIRST day of JULY,
1992.
ADOPTED by the Jefferson County Board of Commissioners this 15th day of JUNE, 1992.
A~ST:
~rua L Delanej
Clerk of the Board
APPROVED AS TO FORM:
Mark H'fi'th; Prosecuting Attorney
Road Vacation Ordinance No. 06-0615-92