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Home My WebLink About03 85 ~ 1_\ . . fl' III,.., .,.¡..[, 4J~ ,', T.. 't..·.~...Î.r., ~., J '-"t;. A , r_,-4";:4:)'1 I. ' ': " /.~ ;'. JEFFERSON COUNTY ROAD VACATION ORDINANCE VOL 11 rAC£ 56 ;" ! ~ ORDINANCE NO. 3·85 REPEALING ORDINANCE NO. 4·80 JEFFERSON COUNTY ROAD VACATION ORDINANCE JEFFERSON COUNTY BOARD OF COMMISSIONERS B.G. Brown. Chairman Larry W. Dennison. Member John L. Pitts. Member JEFFERSON COUNTY PLANNING COMMISSION Doris Coates. Chairwoman Mike Fleming, Vice-Chairman Peter Badame, Member Harvey Gauntlett, Member Stewart Lennox, Member Chas Pauly, Member Harry Pollard. Member Gerald Ryder, Member Norris Short, Member JEFFERSON COUNTY PLANNING AND BUILDING DEPARTMENT David Goldsmith, Director Rachel Nathanson, Assistant Planner Mitch Press, Associate Planner Michael Ajax. Building Official Laura Southmayd, Administrative Assistant Peter Steel, Planning Technician Vicki Edwards. Secretary JANUARY 1985 ~VOL 11 uc~ 57 . TABLE OF CONTENTS PAGE SECTION 1 PURPOSE SECTION 2 DEFINITIONS SECTION 3 SCOPE SECTION 4 ADMINISTRATION 4.10 Board of County Commissioners 4.20 Public Works Department 4.30 Planning and Building Department 4.40 Assessor's Office 4.50 Other Applicable Departments, Agencies, and Offices 4.60 Planning Commission SECTION 5 REVIEW CRITERIA SECTION 6 COMPENSA TION REQUIREMENTS SECTION 7 LEGISLATIVE ACTION SECTION 8 LEGAL PROVISIONS 1 1 1 1 1 1 2 2 2 3 3 4 4 4 8.10 Severability 8.20 Repealer 8.30 Effective Date 8.40 Adoption 4 5 5 5 lVOl 11 fAG~ 58 ';'~-'-'-- ORDINANCE NO. 3-85 JEFFERSON COUNTY ROAD VACATION ORDINANCE 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, Washington COUNTY ROAD: A public right-of-way that has been dedicated to, deeded to, established by usage, maintained, or otherwise established by the county. SECTION 3 SCOPE This ordinance shall apply to petitions for the vacation of all or portions of a county road within Jefferson County. SECTION 4 ADMINISTRATION 4.10 BOARD OF COUNTY COMMISSIONERS: The Jefferson County Board of Commissioners shall accept the road vacation and fee. The board of county commissioners, by formal motion, shall establish the date of the public hearing; said date shall be established not more than sixty (60) days and not less than twenty (20) days from the date of the motion. The board of county commissioners shall cause notice of the public hearing to be 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. The board of county commissioners shall then direct the public works department, planning and building department, and planning commission to review and report to the board of county commissionersx about such vacation. 4.20 PUBLIC WORKS DEPARTMENT: The Jefferson County Public Works Department shall provide pre-application consultation to the principal petitioner. When directed by the board of county commissioners, the public works 1 VOL 11 ~AC£ 59 ....... department shall review the petition and post each termini 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 to the board of county commissioners that includes the public works director'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; and (6) any other applicable facts or information. The public works director shall submit a bill for the cost of such an examination and report. When directed by the board of county commissioners, the public works director shall also provide an estimated amount of past county expenditures on the subject road. 4.30 PLANNING AND BUILDING DEPARTMENT: The Jefferson County Planning and Building Department shall provide pre-application consultation to the principle petitioner. When directed by the board of county commissioners, the planning and building department shall review the petition and contact all appropriate departments, agencies, and offices for their review and comment. The planning and building department shall also contact adjacent property owners who did not sign the petition. The planning and building department shall prepare a written report for the planning commission's review and recommendation that includes: (1) the road vacation's consistency with the Jefferson County Comprehensive Plan and any other applicable plans, policies, or ordinances; (2) comments from appropriate departments. agencies, and offices; and (3) any other applicable facts or information. The planning and building department shall then forward the planning commission's recommendation and appropriate information to the board of county commissioners. The planning and building department shall also submit a bill for costs in conducting their review and developing their report to the board of county commissioners. 4.40 ASSESSOR'S OFFICE: The Jefferson County Assessor's Office shall review petitions to ensure all petitioners are free holders residing in Jefferson County within the vicinity 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 waste 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. 2 VOL Ii ~~G~ 60 ... '. 4.60 PLANNING COMMISSION: At their regular public meeting, the Jefferson County Planning Commission shall review the road vacation petition, the written report from the planning and building department and criteria contained in Section 5 of this ordinance, and receive comments from interested parties. By formal motion. the planning commission shall evaluate the petition and recommend to the board of county commissioners approval or denial of the petition, together with any suggested conditions for approval. 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. 2. 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. 3. 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. 4. 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.) 5. Roads should not be closed. vacated. or abandoned when such routes can effectively be 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. 6. 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. , 3 vol 11 ~)r.~ 61 'I ..~_... SECTION 6 COMPENSATION REQUIREMENT The board of county commissioners shall require compensation by the principal petitioner(s) for all vacated rights-of-way in compliance with RCW 36.87.120. Compensation for all 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. The assessed value of the right-of-way may be obtained from a certified or designated appraiser at the proponent's request and expense. In this event, verification must be provided that the appraiser is certified by the Washington State Department of Revenue, the Society of Real Estate Appraisers, or the American Institute of Real Estate Appraisers. If the property values provided by the county assessor and 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. SECTION 7 LEGISLATIVE ACTION On the fixed date of the public hearing, the board of county commISSIoners shall review the public works director's report, review the planning commission's recommendation, and 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 eI'anting 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 or 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. 4 i vO': 11 r~r,~ 52 -( '" . -.'.::' . 8.20 REPEALER: Jefferson County Ordinance No. 4-80. and all rules. regulations. and ordinances of Jefferson County in conflict with this ordinance. are hereby repealed. 8.30 EFFECTIVE DATE: This ordinance shall become effective this 7th day of January 1985. 8.40 ADOPTION: Recommended for adoption by the Jefferson County Planning Commission this 7th day of November 1984. PLANNING COMMISSION OF JEFFE ON COUNTY. WASHINGTON rff~ ... Chairwoman cJ~7/2:V,J r4Þ ~ Victoria Ed1Mards. Secretary Adopted by the Jefferson County Board of Commissioners this 7th day of Janua~" 1985. SEÅL:~·...~; {-,/ . .! '~.' ". , .; ..., ...: . ..- i .t.~ ; ., . \ \r . V..!:i), .:?__ ~. :<$ l";: . ~ "" -~.._.~ ." ." ..,") '" ATTEST. I, perdine Bràg .~. / Clerk of the Board // BOARD OF COMMISSIONERS OF JEFFERSON COUNTY. WASHINGTON ~ B.G. Brown. ChaiF1'IBD ~ ~hn~ 5 J ·1"1 'n3 ' VOL f)r.~ Ö