Loading...
HomeMy WebLinkAbout09 0727 92COUNTY OF JEFFERSON STATE OF WASHINGTON In the Matter of x An Ordinance Regulating x ORDINANCE NO. 0 9- 0 7 2 7 - 9 2 Jefferson County x Road Approach Permits x PURPOSE: The purpose of this ordinance is to provide reasonable rules for the construction of road approaches from abutting property to county roads pursuant to RCW 36.75.130 et. seq. The ordinance requires permits, provides for inspection of proposed and actual construction of said approaches, and provides penalties for violations of the ordinance. SECTION 1 APPLICATION Any person, fu'm or corporation desiring to build, construct, or alter any permanent approach, or renew use of any approach previously constructed without a permit, to any county road shall make application for issuance of a permit to do so, together with payment of a fee, as provided by the Board of County Commissioners, (non-refundable) to the Department of Jefferson County Public Works, and said permit, IF issued, shall be upon condition that the entire cost of performing such construction, including all labor, material, equipment and/or any other expense necessary to do the job shall be borne by the said applicant. The applicant shall identify ownership of property abutting the approach that is to be served by said approach. The applicant shall also identify and locate any easements necessary to provide access to the county road. No permit will be issued without ownerships and easements of record specifically identified. SECTION 2 ADMINISTRATION The County Engineer in the Department of Jefferson County Public Works, or a member of the Public Works Department designated to act for hlm, shall review the aforesaid application to determine its sufficiency in meeting construction and design criteria which shall, at a minimum, be consistent with Public Works Standards as contained in Washington State Department of Transportation's (W.S.D.O.T.) Design Manual or in the American Association of State Highway and Transportation Officials (A~A.S.H.T.O.). The County Engineer or his designee shall further ascertain that the intended approach is properly located, giving consideration to observance of sight distances, physical features and any other elements deemed essential in the interest of public safety. Upon approval of said County Engineer or his designee, the permit may be issued. The signature of the applicant agreeing to compliance with the requirements and any special provisions of Jefferson County shall be affixed prior to commencement of any work. SECTION 3 TEMPORARY APPROACHES Any person or persons, firm or corporation desiring to build or construct a temporary approach to any county road for any logging or construction purpose, or for any other purpose, where the said approach is not intended to be of a permanent nature, shall make application to the office of the Jefferson County Engineer for issuance of a permit to do so, together with a cash fee, as provided by the Board of County Commissioners, (non- refundable), and a cash bond of $500.00, to run for a period not to exceed 180 days from the date of issuance of the permit, insuring that the permittee will remove the temporary approach in a manner satisfactory with the County Engineer or his authorized representative within said time period whenever the approach is no longer needed. Such fee, deposited and held by the County Engineer, to be refunded to the permittee provided the approach is properly removed, but if held longer than 180 days, and the permittee has not requested a time extension, in writing, it shall be forfeited to Jefferson County and deposited in the County Road Fund. Permit approval of temporary approaches shall be contingent upon their evaluation by the County Engineer or his designee and shall, at a minimum, meet Public Works Standards as contained in W.S.D.O.T.'s Design Manual or in American Association of State Highway and Transportation Officials. SECTION 4 COMPLIANCE Any person, fn'm or corporation who has received a permit to construct an approach, in accordance with design as set forth under Section 2 above, who fails to construct and maintain the approach properly shall be subject to its removal from the county road right of way by County road crews and equipment. The County (for its trouble in doing so) shall be compensated by the confiscation and disposal of any culvert and/or materials so removed from the approach. Confiscated material so removed shall be disposed of as directed by the Board of County Commissioners and the proceeds thereof deposited in the County Road Fund. Before any such removal may be undertaken however, the County Engineer shall give the permittee, or his successor in interest, an opportunity to correct the condition within a 30 day period following written notice of the intended action. · Any person or persons, firms or corporations, failing to comply with any part of this ordinance, rules or regulafons pertaining thereto, or violating any of the provisions thereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be p, nished by a fine not to exceed $500.00, or by imprisonment in the County Jail of Jefferson County for. a term not exceeding ninety (90) days. SECTION 5 LEGAL pRovISIONS SEVERABIL1TY: If any section, subsection, or other portion of this ordinance is for any reason held invalid or unconsttufional 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 thi.~ ordinance. EFFECTIVE DATE: This ordinance shall become effective this 15th day of AUGUST, 1992. ADOPTED by the Jefferson County Board of Commissioners thi~ 15th day of AUGUST, 1992. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON 2