Chapter 11.36 PERMITS AND STANDARDS FOR USE AND IMPROVEMENTS TO COUNTY RIGHT-OF-WAY

Chapter 11.36
PERMITS AND STANDARDS FOR USE AND IMPROVEMENTS TO COUNTY RIGHT-OF-WAY

Sections:

11.36.010 Title.

11.36.020 Authority and purpose.

11.36.030 Application of chapter.

11.36.040 Definitions.

11.36.050 Permit – Required.

11.36.060 Permit – Type and requirements.

11.36.070 Permit – Interpretation.

11.36.080 Materials within right-of-way.

11.36.090 Public maintenance.

11.36.100 Application fees.

11.36.110 Reimbursement by other property owners.

11.36.120 County road improvement district.

11.36.130 Technical deviation.

11.36.140 Variance.

11.36.150 Appeals.

11.36.160 Enforcement.

11.36.010 Title.

The ordinance codified in this chapter shall be entitled “Permits and Standards for Use and Improvements to County Right-of-Way.”

(Ord. 245 (2000) § 1, 2000)

11.36.020 Authority and purpose.

Chapter 36.75 RCW authorizes the county to perform all acts necessary and proper for the administration of the county roads. County roads shall be established, laid out, constructed, altered, repaired, improved, and maintained by the legislative authority of the county or by private individuals or corporations who are allowed to perform such work under an agreement with the county legislative authority. Such work shall be done in accordance with adopted county standards under the supervision and direction of the county engineer.

It is the purpose of this chapter to establish a permit process and standards for regulating the use of and improvements to county right-of-way by persons, firms or entities requiring use of and access to the county right-of-way for road and drainage purposes.

(Ord. 245 (2000) § 2, 2000)

11.36.030 Application of chapter.

This chapter applies to improvements and use of all rights-of-way under Kitsap County ownership. This chapter is not intended to apply to general maintenance activities performed on roads in existence prior to the date of this chapter as long as the maintenance activities do not alter the dimensions or nature of the existing road.

(Ord. 245 (2000) § 3, 2000)

11.36.040 Definitions.

(1) “Applicant” means a property owner, or any person, firm or entity designated or authorized in writing by the property owner to be the applicant, making application to access, use and make improvements to a county right-of-way.

(2) “Bond” means a financial guarantee, in the form of a surety bond, assignment of funds, or irrevocable bank letter of credit, that shall guarantee compliance with this chapter.

(3) “Building permit” means the permit required for new construction and additions pursuant to Title 14 of this code. As used herein, the term shall not include permits required for remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in the applicable unit of measure (for nonresidential construction) or number of dwelling units (for residential construction) resulting therefrom.

(4) “Category 1 right-of-way use permit” means a permit, issued pursuant to this chapter, authorizing use of and improvements to an unopened county right-of-way or an unmaintained road within county right-of-way for access to a lot, tract, or parcel of land. Upon the completion of road and drainage improvements required under a Category 1 permit the county will assume maintenance responsibilities of improvements made.

(5) “Category 2 right-of-way use permit” means a permit issued, pursuant to this chapter, authorizing use of and improvements to an unopened county right-of-way for access to a lot, tract, or parcel of land. Upon the completion of road and drainage improvements required under a Category 2 permit the maintenance responsibilities rest with the applicant and all abutting property owners having access to the road.

(6) “Category 3 right-of-way use permit” means a permit, issued pursuant to this chapter, authorizing use of and access to an existing unmaintained road in a county right-of-way. The maintenance responsibilities for the road rest with the applicant and all abutting property owners having access to the road.

(7) “County engineer” means the Kitsap county road engineer or his/her assigned designee.

(8) “Department” means the department of public works.

(9) “Development approval” means the granting of a building permit, mobile home on-site permit, short subdivision approval, plat approval or other county land use approval or approvals.

(10) “Improvements” means the design and construction of, but not limited to, roads, drainage facilities (i.e., storm drains, detention/retention ponds, bioswales, ditches, etc.), sidewalks, pedestrian trails, street lighting systems, utilities, and bridges.

(11) “Right-of-way” means all property in which the county has any form of ownership or title and which is held for public road purposes, regardless of whether or not any road exists thereon or whether or not it is used, improved, or maintained for public travel.

(12) “Category 4 right-of-way use permit” means a temporary permit, issued pursuant to this chapter, authorizing temporary access and use of county right-of-way for limited, short duration activities other than residential access (i.e., logging activities, installation of utilities).

(13) “Unmaintained road,” as used in this chapter, means a road within county right-of-way which is accessible to public travel but is not maintained by the county.

(14) “Unopened right-of-way” means a county right-of-way that exists by dedication or deed, but for which no vehicular roadway has been constructed by the county or other parties through an approved county permitting procedure.

(15) “Category 5 right-of-way use permit” means a permit issued, pursuant to this chapter, authorizing use of and improvements to an unopened county right-of-way for the specific purpose of providing bike/pedestrian/equestrian access for trail purposes and specifically disallowing any type of motorized use. The Category 5 permit is limited to non-profit, organized community clubs, groups and organizations. Upon the completion of trail improvements approved under a Category 5 permit the maintenance responsibilities for the trail rest with the applicant(s).

(Ord. 322 (2004) §§ 1, 2, 2004: Ord. 245 (2000) § 4, 2000)

11.36.050 Permit – Required.

No unopened county right-of-way or unmaintained road within a county right-of-way shall be privately improved, altered, expanded upon or used for access or utilities purposes, nor shall development approval necessitating such improvements or use be granted, unless a permit therefore has been issued pursuant to this chapter.

Right-of-way use approvals issued prior to the effective date of the ordinance codified in this chapter shall remain in effect; however, subsequent additional uses or improvements to said right-of-way shall comply with the provisions of this chapter.

The county engineer may issue a permit to the applicant upon filing of a complete application, payment of fees, posting of the required financial sureties, recording of covenant and dedication of additional right-of-way, if required. Issuance of the permit authorizes the construction of road and drainage improvements and use of the county right-of-way for the purposes identified in the permit.

(Ord. 245 (2000) § 5, 2000)

11.36.060 Permit – Type and requirements.

An applicant desiring to use a county right-of-way shall be required to submit an application and obtain a right-of-way use permit from the county engineer. The permit type and requirements shall be as specified within one of the following categories:

(1) Category 1 Right-of-Way Use Permit. A Category 1 permit shall be required for use of and improvements to unopened county right-of-way or unmaintained roads within county right-of-way when the applicant desires the county to assume maintenance responsibilities for the road and drainage improvements to be constructed or when such improvements are required in connection with other development approvals.

(a) Required Improvements. A Category 1 permit shall specify the minimum improvements required by the county engineer. The road dimensions and design shall be in accordance with the Kitsap County Road Standards, as they now exist or are hereafter amended. The road dimensions will be determined based on the ultimate average daily traffic volume served by the road. The ultimate average daily traffic volume will be computed by the department based on the maximum allowable density (based on zoning or existing platted lots, whichever is greater) in residential units (or equivalent) of all property having access to the road. The road shall be constructed from the point of connection with a county-maintained road to and across the applicant’s property frontage. The storm drainage requirements shall be in accordance with the Kitsap County Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), as it now exists or is hereafter amended. Construction of required improvements shall be to the satisfaction of the county engineer and shall be completed by the applicant prior to issuance of a building permit. Construction work and all restoration work required by the permit shall be completed within one year of the permit’s issuance. In addition, conditions may be imposed to assure compliance of the permit with other county adopted plans, policies, standards and regulations. The applicant shall be responsible for proper notice to the county engineer requesting the necessary inspections and final approval. The applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements within or adjacent to the county right-of-way during the period of time the permit is in effect.

(b) Survey. When considered necessary by the county engineer to adequately define the limits of the right-of-way, the applicant shall cause the right-of-way to be surveyed by a state-licensed land surveyor. The cost for the survey shall be borne by the applicant.

(c) Right-of-Way Dedication. The applicant may 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 the Kitsap County Road Standards for the road functional classification as identified in the permit.

(d) Notification To Adjacent Property Owners Required. The department shall obtain certification that all owners of the property abutting on each side of that portion of the right-of-way that has been requested for use or improvement have been contacted. At a minimum, all adjacent property owners shall be notified by certified mail with return receipts being collected by the department. Any objections made by abutting property owners shall be resolved by the applicant to the satisfaction of the department prior to the issuance of the permit.

(e) Signs. The applicant shall supply, install and pay for all signs required by the county engineer. After the initial installation all signs will be maintained by the county. The signs shall be posted where authorized or directed by the county engineer.

(f) Final Approval. Final approval shall be issued by the department upon completion of construction of the required improvements. The county engineer shall make the appropriate notice upon official county right-of-way records.

(g) Application. The permit application shall include:

(i) The name, address and phone number of the applicant and representative, if applicable;

(ii) A legal description of the applicant’s property to be served by the permit;

(iii) A statement regarding the purpose of access to the applicant’s property;

(iv) An assessor’s map showing the total land area to be served by the permit with a land use density computation based on zoning of the ultimate number of residential units or equivalents that will access the right-of-way;

(v) Application fees paid per Section 11.36.100;

(vi) If road name is nonexistent, three choices for a road name shall be submitted to the addressing division in the Kitsap County department of community development for approval at the time of application;

(vii) Road and drainage plans, prepared by a professional engineer, for planned improvements per Kitsap County Road Standards and Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), as they now exist or are hereafter amended.

(h) Maintenance Bond. Prior to the final approval of construction a maintenance bond or other acceptable surety must be posted and maintained by the applicant for a period of two years. The maintenance bond or surety shall guarantee the improvements constructed under the right-of-way use permit against design and material defects and failures in workmanship, and shall guarantee that the facilities constructed under the permit will be regularly and adequately maintained throughout the maintenance period. At the end of this time, the county will inspect the improvements and, when the improvements are determined acceptable the county will take over the maintenance and operations of the improvements. The amount of the maintenance bond or surety shall be ten percent of the estimated construction cost of the improvements requiring maintenance, or five thousand dollars whichever is greater. The construction cost of the facilities requiring maintenance shall be estimated by a professional engineer and is subject to approval of the county engineer.

(i) Other Permits. Approval and issuance of the permits prescribed in this chapter does not constitute approval of other applicable permits or requirements that may be required by other county ordinances, state or federal laws. It shall be the responsibility of the applicant to obtain all other permits and approvals required by other county, state or federal laws. Examples of some additional permits that may be required include hydraulic project approval (“HPA”) by the Washington State Department of Fish and Wildlife, construction and industrial discharge permits administered by the Washington State Department of Ecology under the National Pollutant Discharge Elimination System (NPDES) program, access connection permits issued by the Washington State Department of Transportation, SEPA, Critical Areas, Grading, Building, Forest Practice, Site Development Activity Permit, etc.

(2) Category 2 Right-of-Way Use Permit. A Category 2 permit shall be required for use of and improvements to an unopened county right-of-way when the maintenance responsibilities for the improvements will rest with the applicant and all abutting property owners using the improvements.

(a) Required Improvements. A Category 2 permit shall specify the minimum improvements required by the county engineer. The road dimensions and design shall be in accordance with the Kitsap County Road Standards for a Category 2 right-of-way use permit, as set forth in Exhibit “A” which is incorporated herein by reference.¹ The road dimensions will be determined based on the ultimate average daily traffic volume served by the road. The ultimate average daily traffic volume will be computed by the department based on the maximum allowable density (based on zoning or existing platted lots, whichever is greater) in residential units (or equivalent) of all property having access to the road. At a minimum, the applicant will be required to construct half a road on the applicant’s side of the right-of-way to the requirements set forth in the permit. The road will be constructed from the point of connection to a county-maintained road or a road constructed under a previous permit, to and across the applicant’s property frontage. Subsequent permits issued for the same right-of-way will require that improvements be made that further improve the road to accommodate the ultimate average daily traffic volume. The storm drainage requirements shall be in accordance with Kitsap County Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), as it now exists or is hereafter amended. Construction of required improvements shall be to the satisfaction of the county engineer and shall be completed by the applicant prior to issuance of a building permit. Construction work and all restoration work required by the permit shall be completed within one year of the permit’s issuance. In addition, conditions may be imposed to assure compliance of the permit with other county adopted plans, policies, standards and regulations. The applicant shall be responsible for proper notice to the county engineer requesting the necessary inspections and final approval. The applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements within or adjacent to the county right-of-way during the period of time the permit is in effect.

Figure 11.36.060

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(d) Notification to Adjacent Property Owners Required. The department shall obtain certification that all owners of the property abutting on each side of that portion of the right-of-way that has been requested for use or improvement have been contacted. At a minimum, all adjacent property owners shall be notified by certified mail with return receipts being collected by the department. Any objections made by abutting property owners shall be resolved by the applicant to the satisfaction of the department.

(e) Signs. The applicant shall supply, maintain, and pay for all required signs identified by the county engineer. The signs shall be posted where authorized or directed by the county engineer. At a minimum the applicant shall install a sign at the beginning of the road which states “Road not maintained by the County.”

(f) Final Approval. The final approval shall be issued by the department upon completion of the construction of the required improvements. The county engineer shall make the appropriate notice upon official county right-of-way records.

(g) Application. The permit application shall include:

(i) The name, address and phone number of the applicant and representative, if applicable;

(ii) A legal description of the applicant’s property to be served by the permit;

(iii) A statement regarding the purpose of access to the applicant’s property;

(v) The permit application shall include a covenant running with the land and for the benefit of Kitsap County. The covenant does not replace or imply the existence of a formal road maintenance agreement. Permit processing requires the applicant to complete, sign, notarize and record this covenant as part of an approved Category 2 right-of-way use permit. The covenant shall be filed and recorded with the Kitsap County auditor prior to permit issuance and shall contain, at a minimum:

A. A legal description of the applicant’s property to be served by the Category 2 permit;

B. A statement regarding the purpose of access to the applicant’s property;

C. A statement that the property owner, in consideration of the county’s approval to permit use of or improvements to a county right-of-way, agrees to waive their right to protest the formation of a road improvement district pursuant to Chapter 36.88 RCW. The road improvement district, if formed, would finance the design and construction of a road meeting the requirements set forth in subsection (1) of this section. This requirement is a condition of permit approval and shall be binding for a period of ten years from the date the covenant is recorded. This condition does not waive the property owner’s right to object to their individual assessment or to appeal to the superior court the decision of the county commissioners affirming the final assessment roll;

D. A statement that access to the applicant’s property is across an unmaintained road, that the county is not responsible for maintenance of the road and the applicant acknowledges a joint responsibility with other property owners accessing the right-of-way for the maintenance of the improvements made thereon. Maintenance responsibilities shall include, but are not limited to, maintenance of road and shoulder surfacing, signs, storm drainage facilities and vegetation control;

E. A prohibition against subdividing the property accessing the right-of-way without obtaining either plat or short plat approval or, if exempt from platting, a Category 2 or Category 3 permit (as applicable) for the additional lots being created;

F. A statement that the covenant is binding on the successors and assigns of the property owner;

G. The acknowledged signatures of the owner(s) of record of subject property;

(vi) Application fees paid per Section 11.36.100;

(vii) If road name is nonexistent, three choices for a road name shall be submitted to the addressing division in the Kitsap County department of community development for approval at the time of application;

(viii) Road and drainage plans, prepared by a Professional engineer, for planned improvements per Kitsap County Road Standards and Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), as they now exists or are hereafter amended.

(h) Other Permits. Approval and issuance of the permits prescribed in this chapter does not constitute approval of other applicable permits or requirements that may be required by other county ordinances, state or federal laws. It shall be the responsibility of the applicant to obtain all other permits and approvals required by other county, state or federal laws. Examples of additional permits that may be required include hydraulic project approval (“HPA”) by the Washington State Department of Fish and Wildlife, construction and industrial discharge permits administered by the Washington State Department of Ecology under the National Pollutant Discharge Elimination System (NPDES) program, SEPA, Critical Areas, Grading, Building, Forest Practice, Site Development Activity Permit, etc.

(3) Category 3 Right-of-Way Use Permit. A Category 3 permit shall be required when permanent use and access to an existing unmaintained road in a county right-of-way is desired. This permit applies to unmaintained roads constructed prior to the effective date of this chapter or unmaintained roads constructed under a Category 2 permit wherein the road abuts the applicant’s property. The maintenance responsibilities for the road rest with the applicant and all abutting property owners having access to the road.

(a) Required Improvements. The Category 3 use permit shall incorporate the requirements of a road approach permit issued pursuant to Chapter 11.24 of this code. A Category 3 permit must be obtained by the applicant prior to the issuance of a building permit.

(b) Application. The permit application shall be the same as that used for a road approach permit issued pursuant to Chapter 11.24 of this code, and shall also include the covenant required under this chapter.

(c) Covenant Required. The permit application shall include a covenant running with the land and for the benefit of Kitsap County. The covenant does not replace or imply the existence of a formal road maintenance agreement. Permit processing requires the applicant to complete, sign, notarize and record this covenant as part of an approved Category 3 right-of-way use permit. The covenant shall be filed and recorded with the Kitsap County auditor prior to permit issuance and shall contain, at a minimum:

(i) A legal description of the applicant’s property to be served by the Category 3 permit;

(ii) A statement regarding the purpose of access to applicant’s property;

(iii) A statement that the property owner, in consideration of the county’s approval to permit use of or improvements to a county right-of-way, agrees to waive their right to protest the formation of a road improvement district pursuant to Chapter 36.88 RCW. The road improvement district, if formed, would finance the design and construction of a road meeting the requirements set forth in subsection (1) of this section. This requirement is a condition of permit approval and shall be binding for a period of ten years from the date the covenant is recorded. This condition does not waive the property owner’s right to object to their individual assessment or to appeal to the superior court the decision of the county commissioners affirming the final assessment roll;

(iv) A statement that access to the applicant’s property is across an unmaintained road, that the county is not responsible for maintenance of the road and the applicant acknowledges a joint responsibility with other property owners accessing the right-of-way for the maintenance of the existing road. Maintenance responsibilities shall include, but are not limited to, maintenance of road and shoulder surfacing, signs, storm drainage facilities and vegetation control;

(v) A prohibition against subdividing the property accessing the right-of-way without obtaining either plat or short plat approval or, if exempt from platting, a Category 3 permit for the additional lots being created;

(vi) A statement that the covenant is binding on the successors and assigns of the property owner;

(vii) The acknowledged signatures of the owner(s) of record of subject property;

(4) Category 4 Right-of-Way Use Permit. A Category 4 permit shall be required when temporary use of public right-of-way is desired. Temporary use shall include all uses not intended to last longer than one year in duration.

(a) Required Improvements. A Category 4 permit shall specify minimum improvements required by the county engineer. Permit conditions, at a minimum, will address road construction, safety, erosion control, drainage, and right-of-way restoration requirements. Storm drainage requirements shall comply with the requirements of the Kitsap County Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), as it now exists or is hereafter amended. In addition, conditions may be imposed to assure the compliance of the permit with other county-adopted plans, policies, standards and regulations. Construction of the required improvements shall be completed and approved by the department prior to final approval. The applicant shall be responsible for proper notice to the county engineer or designee requesting the necessary inspections and approval. The applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements within or adjacent to the county right-of-way during the period of time the permit is in effect.

(c) Notification to Adjacent Property Owners Required. The department shall obtain certification that all owners of the property abutting on each side of that portion of the right-of-way that has been requested for use or improvement have been contacted. At a minimum, all adjacent property owners shall be notified by certified mail with return receipts being collected by the department. Any objections made by abutting property owners shall be resolved by the applicant to the satisfaction of the department.

(d) Signs. The applicant shall supply, maintain, and pay for all signs required by the county engineer. The signs shall be posted where authorized or directed by the county engineer.

(e) Abandonment and Restoration. Upon termination of the use of the right-of-way, the applicant shall be required to abandon and restore the right-of-way as designated under permit conditions. A surety may be required to insure proper abandonment and restoration.

(f) Application. The permit application shall include, at a minimum:

(i) The name, address and phone number of the applicant and representative, if applicable;

(ii) A legal description of the applicant’s property to be served by the permit;

(iii) A statement regarding the purpose of access to the applicant’s property;

(iv) An assessor’s map showing all parcels to be accessed;

(v) Application fees paid per Section 11.36.100;

(vi) Plans prepared by a professional engineer addressing the road construction, safety, erosion control, drainage, and right-of-way restoration requirements of the permit, when required by county engineer.

(g) Other Permits. Approval and issuance of the permits prescribed in this chapter does not constitute approval of other applicable permits or requirements that may be required by other county ordinances, state or federal laws. It shall be the responsibility of the applicant to obtain all other permits and approvals required by other county, state or federal laws. Examples of additional permits that may be required include hydraulic project approval (“HPA”) by the Washington State Department of Fish and Wildlife, construction and industrial discharge permits administered by the Washington State Department of Ecology under the National Pollutant Discharge Elimination System (NPDES) program, SEPA, Critical Areas, Grading, Building, Forest Practice, Site Development Activity Permit, etc.

(h) Extension. The applicant may apply in writing for a one-year extension to the Category 4 permit upon written application for an extension. The county engineer may grant an extension upon making the determination that the applicant has fully complied with the conditions and requirements of the original permit. The application for extension may only be made after the first six months of the original permit life.

(5) Category 5 Right-of-Way Use Permit. A Category 5 right-of-way use permit shall be required for use of and improvements to an unopened county right-of-way for the specific purpose of providing bike/pedestrian/equestrian access for trail purposes. Upon the completion of trail improvements approved under a Category 5 permit the maintenance responsibilities for the trail rest with the applicant(s).

(a) Required Improvements. Improvements will consist of the construction of soft-surface trail improvements limited generally to the removal of brush and vegetation and generally avoiding tree removal. Removal of trees larger than four inches in diameter will require approval of the department during the permitting process and prior to actual trail construction. In addition, conditions may be imposed to assure compliance of the permit with other county adopted plans, policies, standards and regulations. Construction of the required improvements shall be completed and approved by the department prior to final approval. The applicant shall be responsible for proper notice to the county engineer or designee requesting the necessary inspections and approval. The applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements within the county right-of-way.

(b) Construction Impacts. Construction of trails shall always be approached from a low impact, multi-use point of view. Trails shall be placed to one side of the right-of-way and always within the framework that would not exceed one-half of the right-of-way with minimal impacts to existing developed adjoining properties.

(c) Survey. Prior to construction of the trail, Kitsap County will provide survey centerline markings to ensure proper placement of the trail improvements near or on the edge of the right-of-way.

(d) Notification to Adjacent Property Owners Required. The department shall obtain certification that all owners of the property abutting on each side of the portion of the right-of-way that has been requested for use or improvement have been contacted. At a minimum, all adjacent property owners shall be notified by certified mail with return receipts being collected by the department. The applicant, to the satisfaction of the department, shall resolve any objections and/or concerns made by abutting property owners.

(e) Future Vehicular Access. At such time that vehicular access may be needed by a landowner, a lane could be added in the unused half of the right-of-way. It would be placed at the right-of-way’s extreme edge, preserving a natural barrier between vehicles and pedestrians. Any future vehicular access will require that an additional permit be required of the landowner seeking access and ensuring that further development would always be performed in a low impact manner and compatible with the access trail. Should the county find it necessary to utilize the right-of-way for any future purpose, the applicant shall not be reimbursed for the removal of any improvements or other costs incurred by the applicant.

(f) Signs. Kitsap County shall supply, maintain, and pay for all required signs identified by the county engineer. While the county will maintain the signs, it is necessary that a sign be posted which states that “Trail Not Maintained By The County.”

(g) Preliminary Approval. Prior to making improvements the applicant shall receive a letter from Kitsap County authorizing said improvements.

(h) Final Approval. Final approval shall be issued by the department upon completion of the construction of the required improvements.

(i) Application Permit Fees. For the purposes of this Category 5 permit, Kitsap County shall have the discretion to waive fees associated with this application. Partnerships between communities and the county enhance cooperation in the realization of bike/pedestrian/equestrian systems at minimal expense to the community and the general public.

(Ord. 322 (2004) §§ 3, 4, 2004: Ord. 245 (2000) § 6, 2000)

11.36.070 Permit – Interpretation.

Permits issued pursuant to this chapter do not convey any vested right or ownership interest in any county right-of-way. Each permit shall state on its face that any county right-of-way improved pursuant to this chapter shall be open for use by the general public except in those cases where specific conditions in a temporary use permit restrict the use of the right-of-way for safety reasons.

(Ord. 245 (2000) § 7, 2000)

11.36.080 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 relocated in accordance with the direction of the county engineer.

(Ord. 245 (2000) § 8, 2000)

11.36.090 Public maintenance.

If any applicant improving a road, at no expense to Kitsap county, meets all the requirements of subsection (1) of Section 11.36.060, Category 1 right-of-way use permit, the county engineer shall so certify to the board of county commissioners that such standards have been met. The board may then, by resolution, accept the road for maintenance at the cost of and by Kitsap County.

(Ord. 245 (2000) § 9, 2000)

11.36.100 Application fees.

Upon applying for a Category 1, Category 2, Category 3, or temporary right-of-way use permit the applicant shall pay to the department an application fee. Such fee is nonrefundable and must accompany each permit application. The application fee charge for each type of permit shall be as specified in the Kitsap County Development Permit Fee Schedule (Section 21.06.100), as it now exists or is hereafter amended.

(Ord. 291 (2002), § 4, 2002: Ord. 245 (2000) § 10, 2000)

11.36.110 Reimbursement by other property owners.

When an applicant makes road improvements in accordance with subsection (1) of Section 11.36.060, Category 1 right-of-way use permit, and adjacent property owners benefit from the improvements, the applicant may enter into a reimbursement agreement with the county to recoup a pro rata share of the costs of the improvements, in accordance with Chapter 35.72 RCW, from adjacent property owners subsequently allowed to use the improvements.

(Ord. 245 (2000) § 11, 2000)

11.36.120 County road improvement district.

County road improvement districts (“CRID”) may be initiated to help finance improvements required under a Category 1 right-of-way use permit. A CRID may be initiated by resolution of the board of county commissioners or by petition signed by property owners constituting a majority of the lineal frontage upon the contemplated improvements and of the area within the limits of the CRID. The property ownership shall be verified by the records of the office of the county auditor. Formation of a county road improvement district shall be in accordance with the requirements of Chapter 36.88 RCW.

(Ord. 245 (2000) § 12, 2000)

11.36.130 Technical deviation.

The county engineer may grant minor technical deviations from requirements contained in the Kitsap County Road Standards, provided that all of the following criteria are met:

(1) The technical deviation will not otherwise result in noncompliance with this chapter;

(2) The granting of the technical deviation will not result in noncompliance with the development conditions imposed upon the project by the board of commissioners;

(3) The granting of the technical deviation will produce a compensating or comparable result which is in the public interest; and

(4) The granting of the technical deviation will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgement.

(Ord. 245 (2000) § 13, 2000)

11.36.140 Variance.

Kitsap County may, by following the process set forth in the Land Use and Development Procedures Ordinance (Chapter 21.04 of this code), as it now exists or is hereafter amended, grant a variance from the provisions of this chapter, provided that all the following criteria are met:

(1) The variance requested arises from a condition that is unique to the property and which is not created by the property owner or applicant;

(2) Granting a variance will not adversely affect the rights of adjacent property owners or residents;

(3) Strict application of provisions of this chapter will constitute unnecessary hardship upon the property owner;

(4) The variance will not adversely affect the public health, safety and general welfare; and

(5) Granting the variance will not result in impacts that are contrary to basic policies or purpose of this chapter.

(Ord. 245 (2000) § 14, 2000)

11.36.150 Appeals.

An aggrieved party may appeal any administrative interpretation or departmental ruling related to this chapter by following the process set forth in Section 21.04.120 of this code, as it now exists or is hereafter amended, for a Type II classification.

(Ord. 245 (2000) § 15, 2000)

11.36.160 Enforcement.

The placement, construction, or installation of any improvements within county rights-of-way which violates the provisions of this chapter shall be and the same hereby is declared to be unlawful and a public nuisance and may be abated as such through the use of the Civil Enforcement Ordinance (Chapter 2.116 of this code), civil penalties, and stop work orders, as well as any other remedies which are set forth in this chapter, including, but not limited to, revocation of any permits. If the department chooses to utilize the Civil Enforcement Ordinance, then a violation of any provision of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued, or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources.

(Ord. 245 (2000) § 16, 2000)

The diagram entitled “Category 2 Right-of-Way Use Permit.” may be found at the end of this chapter in a printed edition of this code.