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HomeMy WebLinkAbout04 80 ..... ~~ /l0- ... .,,;;. ;J/~. {h;r , 9~q-.i() ". . r~ .""':'::'.'. "..:.._..,,"~' ,___..- ORDINANCE NO. 4-80 REPEALING ORDINANCE NO. 2-76 JEFFERSON COUNTY ROAD VACATION ORDINANCE JEFFERSON COUNTY BOARD OF COMMISSIONERS A.M. O'Meara, Chairman B.G.Brown, Member Carroll M. Mercer, Member JEFFERSON COUNTY PLANNING EOMMISSI~N Norris Short, Chairman George Burkhart, Vice Chainman James Goss, Member Dorithe Harrington, Member D. Stewart Lennox, Member Harry Pollard, Member Finis Stevens, Member Eva Taylor, Member Florella Telling, Member JEFFERSON COUNTY PLANNING DEPARTMENT David Goldsmith, Director Thomas Aumock, Assistant Planner Carol Saari, Associate Planner Edward Darden, Associate Planner Laura Southmayd, Administrative Assistant Peter Steel, Planning Technician Jean McCarthey, Secretary SEPTEMBER 1980 . VOL '0 rMl 0 2032 . . .. . '" .4 "::._ ~ :1" ;." "'r.-:."..,-..-;:--",,,.., 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 Pl anningDepartment 4.40 Assessor's Office 4.50 Other Applicable Departments, Agencies, and Offices 4..60 Planning Comission 1 1 1 SECTION 5 REVIEW CRITERIA SECTION 6 COMPENSATION REQUIREMENTS , SECTION 7 lEGISLATIVE ACTION SECTION 8 LEGAL PROVISIONS 8.10 Severability 8.20 Repealer 8.30 Effective Date 8.40 Adoption 1 1 2 2 2 2 2 3 3 4 4 4 .. 4. . VOL f) .f'MiF 0 2033 . ORDINANCE NO.4-80 REPEALiNG ORDINANCE NO. 2-76 JEFFERSON COUNTY ROAD VACATION ORDINANCE SECTION 1 PURPOSE The- purpose of this ordinance is to provi,de uniform criteria for the vaca- tion of County roads within Jefferson County. SECTION 2 , DEFINITIONS COUNTY: Jefferson County, Washington COUNTY ROAD:- ' A publ ic right-of-way which has been dedi~ated ~to,'deedtiJd,~to', estab11she~Lbi,usage~'f~ma:inJatned;:or>D,therwise established by the County. SECTION 3, SCOPE 'tJ ;I"'~ ) .' \, J 'r; r: f:~ 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 Conmissioners: The Jefferson County Board of Conmis- sioners shall accept the road vacatton petttion and fee.. The \Board' of County COll1llissioners, by formal motion:,-: shall establish the date of' tPe' public,:hearing.; said date shall be established- not more than sixty (60) days and not less than twenty (20) days from the date of mati on~', )The Board ofiCotinty, 'COmrn'issloners.', It' sha'll 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 Conmissioners shall thell dire'ct the Publi'C\~orks Depa:rtment,~'Planning !lepartment, and Planning Conmission to review and repor.t to the Board of County Comissioners about such vacation.. 4.20 Publ ;.c:,Works merartment: The Jefferson County 'Public Works Depart.. ment shall provide pre:-apP,l.cat,jon.1consu:ltatioouto, the printipal petitiOtler.-,.r" When directed by the Board of County Commissioners, the Public, Works Department shall revtew the petition and post each termini of the subject road with a publ ic notice stating the fi xed date of the publ ic hearing. Such public: ,notice . . shall be 'posted at least twenty (20) days prior to the fixed date of the public hearing. The Public Works Director shall examine the proposed road vacation and pro- duce a written report to the Board of County COITIITlissioners which 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 infonnation. _ 't , '" , 1 VOL 6 t.~Qt 0 2034 . . " . J:. ~ The Public Works Director shall submit a bill for the cost of such examina- tion and report. When directed by the Board of County Commissioners, the Public Works Director shall also provide an estimated amount of past County expenditure on the subject road. 4.30 Planning Department: The Jefferson County Planning Department shall provide pre-application consultation to the principal petitioner. When directed by the Board of County Commi ssioners, the Pl anning Department shall review the petition and contact all appropriate departments, agencies, and offices for their review and. comment. The Planning Department ,shall also contact adjac~nt property owners who did not sign the petition. The Planning Department shall prepare a written report for the Planning Commission's review and recommendation which includes: (1) the road vacation's consistency with the Jefferson County Co~ehensive ptan and any other applicable plans, policies, or ordinances; (2) comments from appropriate departments, agencies, and offices; and (3) any other applicable facts or infonnation. ThePl anning Department shall then forward the Pl anning COIIInission',s recom- mendation and appropriate information to the Board of County Comm'issioners. . The Planning Department shall also submit a bill for costs of reviewing and r.epo,rt;ing 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 freeholders residing in Jefferson County within the vicinity of the proposed road vacation. When directed by the Board of County ,Commissioners, the Assessor shall provide an appraised value for the subject area of the proposed vacation. The Assessor's Office shall submit a b-i1l for costs of review and appraisal to the Board of County Conmiss,ioners. 4.50 Other Applicable Departments, Agencies, and Offices: When appropri- ate, the following departments, agencies, and offices shall be contacted to review and corrment 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 otherapplicable departments, agencies, and offi ces . 'I 4.60 Planning Commission: At their regular public meeting, the Jefferson County Planning Commission shall review the road vacation petition, the written report fromthePlanning Department, the criteria cOntafned'dn 'Section'5"of this ordinance., and, receive conments from interested parties. By fonna1 motfon,'the Planning Commission shall evaluate the petition and recommend to the Board of County Commissioners approval or denial of the petition, together with any sug- gested conditions for approval. SECTION 5 REVIEW CRITERIA Road vacation petitions shall be reviewed according to the following cri- teria: 1. The proposed road vacation complies with the Jefferson County Comprehensive PZan and any other applicable plans, policies, or ordinances. 2 \tOL B rAGF 02035 '. c . ' I, " 2. Roads should not be closed, vacated, or abandoned when land use or develop- ment plans, or occuring patterns, indicate their usefulness for area circu- lation. 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 thetr plans should be consulted with respect to this policy. (In eompZiance ~ith R.C.W. 36.87.140, the Bo~ of County Cammissioneps may retain an easement 7JJithin the subjeet vaeatedarea fop the eonst1."UCtion, repair, and maintenanee of pubUe utiUties and semees.) 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 Jeffepson County Park, Ree~ation, and open spaee PZan 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 which abuts on a body of salt or freshwater, unless the vacation is to enable any public authority to acquire the v'acated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recrea- tional, educational, or other public purposes or unless the property is zoned for industri al purposes. 7. The proposed vacation will not landlock any parcel of property. . SECTION 6 COMPENSATION REQUIREMENT As a special condition for granting approval of a road vacation petition, the Board of County Commissioners may require compensation by the principal petitioner and/or benefiting property owners. In compliance with R.C.W. 36.87- .120, such compensation shall equal all or a percentage of the appraised value of the vacated road as of the effective date of the vacation, whether in CZass ,~" (County roads which were acquired, improved, and/or maintained by public expendi ture) or CZass "B" (County roads wh i ch have had no pub 1 i c expend; ture) . 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 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 sub~ ject 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 ordin- 3 VOL >6 ~~ 02036 . .'. "J'" (I'", ....... .. ~ '- ance; and/or (2) retain an easement within the subject vacated area for trail or pathway purposes, pursuant to Section 5 of this ordinance; and/or (3) require compensation by the principal petitioner and/or benefiting property owners as a special condition for granting approval of the petition, pursuant to R.C.W. 36.87.120 and Section 6 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 vali- dity of the remaining portion of this ordinance. ,8.'20. Repealer: Jefferson County Ordinance No. 2-76, and all rules, regu- lations, and ordinances of Jefferson County in conflict with this ordinance.. are hereby repealed. 8.30 Effective Date: This ordinance shall become effective this 8th day of September, i9~0. 8.40 . Adoption: Recommended for adoption by the Jefferson County Planning Commission this 6th day of August, 1980. PLANNING COMMISSION OF JEFFERSON COUNTY, WASHINGTON ' ~W~ No 1S W. Short, "Chairman . . Zd" ~ . ~ . . . Vi rg~ey, . Secret SEAL: BOARD OF COftttISS lONERS OF, JEFFERSON COUNTY. WASHINGTON ~ ~<~44 WOeara, Cha lrman .-/. ATTEST: Betty J. Anderson, Jefferson County Auditor and Ex-Officio Clerk of the Board ~I/IJ fl1l1W/1 Carro M. Mercer, M er J . 4 VOL 6' rAtf 02037 .