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Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
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Title 12 | ROADS AND BRIDGES*
Chapters 12.01 General Information 12.02 Fees and Process 12.03 Roadway Classifications 12.04 Roadway, Bridge, and Stormwater Design Criteria 12.05 Roadway, Bridge, and Stormwater Construction 12.06 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Not Utilizing City Utilities 12.07 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Utilizing City Utilities 12.08 Transportation Impact Fees 12.09 Water on Road 12.10 Vacation of County Road 12.11 Right-of-Way Acquisition and Maintenance 12.12 Right-of-Way Acquisition for Projects Involving Federal Funds 12.13 Franchising 12.14 Issuance of Permits to Perform Work on County Right-of-Way
* For provisions relating to load limits on county bridges, see KCC 10.28. For provisions on the operation of off-road vehicles, see KCC 10.36 and 10.37. Title 12 was re-written and replaced in its entirety by Ord. 2023-010, 2023. Prior ordinance history for Title 12: Ord. 2023-006, 2023; Ord. 2022-005, 2022; Ord. 2022-017, 2022; Ord. 2021-015, 2021; Ord. 2019-013, 2019; Ord. 2018-001, 2018; Ord. 2017-001, 2017; Ord. 2016-023, 2016; Ord. 2015-010, 2015; Ord. 2011-011, 2011; Ord. 2011-013, 2011; Ord. 2005-030, 2005; Ord. 2004-013, 2004; Ord. 1999-002, 1999; Ord. 1998-016, 1998; Ord. 1997-021, 1997; Ord. 1996-008, 1996; Ord. 1996-022, 1996; Ord. 1995-002, 1995; Ord. 1994-018, 1994; Ord. 1994-027, 1994; Ord. 1994-032, 1994; Ord. 93-17, 1993; Ord. 92-30, 1992; Ord. 82-7, 1982; Res. DPW-3-80, 1980; Res. RD-40-76, 1976; Res. 75-38, 1975; Res. RD-8-75, 1975; Vol. 1, p. 575, 1975; Res. RD-27-73, 1973; Res. RD-16-71, 1971; Res. RD-75-71, 1971; Res. RD-55-70, 1970; Res. RD-36-66, 1966; Vol. N, p. 305, 1966; Res. RD-15-65, 1965; Vol. N, p. 139, 1965; Vol. N, p. 139-140, 1965; Vol. K, p. 177, 1949.
Chapter 12.01 GENERAL INFORMATION
Sections 12.01.010 Purpose. 12.01.020 Applicability. 12.01.030 Abbreviations. 12.01.040 Definitions. 12.01.050 Authority and Enforcement. 12.01.060 Violations and Penalties. 12.01.070 Specifications and Guidance Documents. 12.01.080 Relationship to Other Standards. 12.01.085 Engineering Plan Development Agreements. 12.01.090 Performance Guarantees. 12.01.100 Addition of Roads to the County System. 12.01.110 Review and Approval. 12.01.120 Joint Agency Review. 12.01.130 Variances and Appeals. 12.01.140 Amendments and Remissions.
12.01.010 Purpose.
The purpose of Title 12 of the Kittitas County Code includes but is not limited to the following:
The following limitations apply:
(Ord. 2023-010, 2023)
12.01.020 Applicability.
Title 12 of the Kittitas County Code shall apply to the design of facilities for which review and approval by the Kittitas County Department of Public Works is required. This includes all roads, streets, driveways, bridges, stormwater drainage, utilities, and various roadside features. Specific work to which this chapter applies includes, but is not limited to the following:
The following are examples of instances to which Title 12 does not apply. These include, but are not limited to the following:
12.01.030 Abbreviations.
Where the following words, phrases, or abbreviations appear in these specifications they shall have the following meanings:
12.01.040 Definitions.
12.01.050 Authority and Enforcement.
The Director of Public Works and/or the County Engineer or his/her designee shall have the authority, on behalf of the County, to ascertain that all design and construction complies with the requirements set forth in these Standards. It shall be the duty of the Board of County Commissioners, acting through the Director of Public Works or his/her designee, to enforce the provisions of this title. (Ord. 2023-010, 2023)
12.01.060 Violations and Penalties.
The County shall have the authority to impose penalties and take other specific actions in response to violations of the code and non-compliance with these standards.
12.01.070 Specifications and Guidance Documents.
Except where these Standards provide otherwise, all aspects of roadway, bridge, and stormwater design and construction, including materials shall be in accordance with the most current, as amended editions of the following publications:
Design and construction of roads, bridges, and stormwater systems shall also utilize applicable industry standard design and construction guidance, including, but not limited to, the most current, as amended edition of the list of publications and sources below. In all cases, when reference publications and design guidance is referenced in these standards, the latest edition, as amended version of that document shall be utilized.
In addition, it is expected that applicants, developers, designers, and contractors will exercise sound professional judgement in the selection and use of design guidance and will seek out and utilize other design references as dictated by the demands of each individual project. (Ord. 2023-010, 2023)
12.01.080 Relationship to Other Standards.
These standards, which stipulate certain minimum conditions for land use changes, shall apply, unless:
See KCC 12.01.120 for Joint Agency Review Procedures. (Ord. 2023-010, 2023)
12.01.085 Engineering Plan Development Agreements.
Kittitas County Department of Public Works shall authorize development agreements pursuant to Revised Code of Washington 36.70B.170 – 210 and Washington Administrative Code 365-196-845(17). Prior to approval of any Development Agreement within the Urban Growth Area of the City of Ellensburg, the County shall provide 30 days written notice to the City of Ellensburg with a copy of the proposed agreement. Agreements will be negotiated following preliminary plat approval from the Board of County Commissioners and after the development has obtained final engineering plan approval from the County Engineer. Projects within the Ellensburg UGA utilizing city utilities will also require final engineering plan approval from the City Engineer. Agreements shall remain in effect for an initial five-year period beginning upon the approval date from County Engineer. Extension requests are pursuant to Kittitas County Code section 16.12.250. (Ord. 2023-010, 2023)
12.01.090 Performance Guarantees.
Failure to comply with these Standards may result in denial of plan or development permit approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee.
12.01.100 Addition of Roads to the County System.
Roads may be added to the county road system by resolution passed by the Kittitas County Board of County Commissioners upon compliance with Section 12.01.090(2). Sources of roads for addition to the County system include but are not limited to: realignment of existing roads, relinquished State Highways and Forest Service roads, and new roads from land development activities. Before a new road becomes a part of the county road system, it passes through seven steps:
The approval of a subdivision or development roadway for construction is for purposes of releasing the applicant's development collateral and does not obligate the County to accept the new roadway into the County system, provide maintenance, or accept any liability or responsibility for the new roadway until passing final inspection (and acceptance through resolution, and warranty period if necessary).
For roads serving proposed developments, the County shall determine which roads, if any, are intended to be added onto the county road system at the planning stage of a proposed development. Any roads not intended to be added onto the County road system shall be privately developed and maintained in accordance with Kittitas County standards for private roads.
For unconstructed roads or roads needing improvements to meet public road standards that are not part of a preliminary plat or project requiring a public hearing, the applicant shall petition the Board of County Commissioners by submitting an on system county road establishment application prior to construction. If approved, the road will be accepted onto the county road system by resolution by the BOCC upon an approved final inspection as defined in these standards.
Roads which are required to be constructed to public road standards and dedicated to the public as a condition final plat or project approval shall be added to the county road system and shall be maintained by the County upon an approved final inspection as defined in these standards and final plat or project approval. Such roads are not subject to the requirement of a resolution by the BOCC.
When a request is made for the County to assume maintenance of any private improvement, it shall be the responsibility of the person(s) making the request to satisfactorily demonstrate that the private improvement is in fact constructed in accordance with Kittitas County Road Standards. In addition, the County must accept dedication of the private road, and all necessary right-of-way must be transferred to the County. At such time when a private road is made public and brought on the County Road system by BOCC resolution, the applicant shall provide a maintenance bond of 110% of improvement costs.
The County will not accept maintenance responsibilities for private road improvements associated with land development activities. In no case shall private improvements not constructed in accordance with the applicable design and construction standards and specifications be accepted for dedication or maintenance by Kittitas County. (Ord. 2023-010, 2023)
12.01.110 Review and Approval.
The County will review all land use development applications for general compliance with Kittitas County Road Standards. An approval by the County does not relieve the applicant from final responsibility of insuring all calculations, plans, specifications, construction, and as-built drawings are in compliance with this title as stated in the applicant's engineer's certification provided in accordance with these standards. (Ord. 2023-010, 2023)
12.01.120 Joint Agency Review.
In situations where other agencies such as the State, cities, towns, utility districts, franchise utility owners, irrigation districts, or other agencies are involved in the review of public or private roads, the following conditions and procedures shall apply:
Possible examples include, but are not limited to, developments located within UGAs, developments accessed by State highways or Forest Service easements, developments affected by irrigation district easements or facilities, or developments affected by utility easements or rights-of-way. The list of typical joint review agencies below is provided for convenience. This is not a complete list of agencies and the applicant shall be responsible to identify and coordinate with all affected agencies.
12.01.130 Variances and Appeals.
These standards provide guidance for expected practice under typical conditions, however, they are not intended to limit innovation or the introduction of alternative solutions to adverse or unusual conditions. Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Fire Marshal, or designees, and one citizen appointed by the BOCC.
If the proposed road variance is located within a fire district, notice of the proposed variance shall be provided to the applicable fire district at the same time as the Road Variance is submitted to the County Engineer. The Fire District shall have a minimum of 14 days to submit comments from the application submittal date to the variance hearing date.
Variances should be identified as early as possible in a project's development. The variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following:
The variance request(s) shall consist of:
Variances will be reviewed by the Road Variance Committee. (Ord. 2023-010, 2023)
12.01.140 Amendments and Remissions.
The Kittitas County Board of County Commissioners (BOCC), following the recommendations of the Director of Public Works and Planning Commission, may consider revisions and/or amendments to this title. The revisions will be adopted by ordinance following a public hearing. (Ord. 2023-010, 2023)
Chapter 12.02 FEES AND PROCESS
Sections 12.02.010 Purpose. 12.02.020 Process Flow Chart. 12.02.030 Public Works Department Fee Schedule.
12.02.010 Purpose.
The purpose of this chapter is to clearly outline the County process and the required fees for land use activities that require approval, review, or other involvement of the Kittitas County Department of Public Works. (Ord. 2023-010, 2023)
12.02.020 Process Flow Chart.
The figure below is a process flow chart that provides a visual representation of the various processes described in this chapter of the Kittitas County Code. It is provided for convenience and is in no way intended to replace or substitute the intent of any section of these standards. (Ord. 2023-010, 2023)
12.02.030 Public Works Department Fee Schedule.
The Kittitas County Public Works Department shall require various application and service fees in accordance with the most current revision of the Kittitas County Fee Schedule. All fees must be paid in advance of review and approval of submittals. (Ord. 2023-010, 2023)
Chapter 12.03 ROADWAY CLASSIFICATIONS
Sections 12.03.010 Purpose. 12.03.020 Applicability. 12.03.030 Road Classifications. 12.03.040 Terrain Classification.
12.03.010 Purpose.
These road classifications shall be used for planning and designing roadway facilities in Kittitas County. The classification of roadways provides a framework for defining the use of individual roadways and their role in the overall roadway network. In addition, the classification is used to determine the required attributes of the roadway such as: right-of-way width, road width, access spacing, intersection spacing, construction material requirements, and roadway geometry etc.
Changes or additions to the Federal Functional Classifications for Washington State can be initiated by the County, but are reviewed by WSDOT and the Federal Highway Administration, who provide approval, denial, or conditional approval of requests for changes to functional classification. Federal Functional Classifications for Washington State can be found on WSDOT's website and the WSDOT Functional Classification Map. (Ord. 2023-010, 2023)
12.03.020 Applicability.
The applicable road classification standard shall be determined by the location, ownership (public or private), use (residential, industrial, commercial, etc.), and projected traffic volumes using the maximum land use density allowed by the applicable zoning classification or the comprehensive plan. (Ord. 2023-010, 2023)
12.03.030 Road Classifications.
The classification of a roadway is a designation relating to the major role served within the overall road network and includes arterial, collectors, and local access streets. For the County, the roadway hierarchy is based on functional classification of roads based on distinct travel movements and the service they provide. Roadways are categorized by ownership (county and private), location (rural, primitive and unimproved), and by function (arterial, collector or local access). General definitions of roadway classifications are presented below. These definitions serve as a guide in classifying roads in Kittitas County.
12.03.040 Terrain Classification.
For the purposes of these standards, existing and proposed roadways in Kittitas County are divided into terrain classifications based on ratios of roadway profile slopes present for a given roadway segment. Profile slopes shall not exceed 10% maximum in any classification. Terrain classifications shall be as follows:
Terrain classification pertains to the general character of the specific roadway corridor. For example, roads in mountainous areas that have all the characteristics of roads traversing flat or rolling terrain should be classified as flat or rolling. In cases where the terrain classification is in question, the County Engineer shall make the final decision. (Ord. 2023-010, 2023)
Chapter 12.04 ROADWAY, BRIDGE, AND STORMWATER DESIGN CRITERIA
Sections Article I. General Information 12.04.01.010 Purpose. 12.04.01.020 Applicability. 12.04.01.030 General Design Requirements. Article II. Concurrency & Transportation Impact Analysis 12.04.02.010 Purpose. 12.04.02.020 Applicability. 12.04.02.030 Level of Service Standards. 12.04.02.040 Scope of Transportation Impact Analysis. 12.04.02.050 Transportation Impact Analysis General Requirements. 12.04.02.060 Transportation Impact Analysis Format and Required Elements. 12.04.02.070 Transportation Impact Analysis Review and Acceptance. 12.04.02.080 Concurrency Determination. 12.04.02.090 Determination of Concurrency Finding. 12.04.02.100 Administrative Reconsideration. Article III. Surveying 12.04.03.010 Purpose. 12.04.03.020 Applicability. 12.04.03.030 Road Survey Monuments. 12.04.03.040 Range Points, Property Monuments, and Benchmarks. Article IV. Geometric Design 12.04.04.010 Purpose. 12.04.04.020 Applicability. 12.04.04.030 General Design Criteria. 12.04.04.040 Public Roads. 12.04.04.050 Private Roads. 12.04.04.060 Geotechnical Investigation. 12.04.04.070 Intersections. 12.04.04.080 Roundabouts. 12.04.04.090 Dead Ends and Turnarounds. 12.04.04.100 One Way Road. 12.04.04.110 Railroad Grade Crossings. 12.04.04.120 Emergency Access Roads. Article V. Stormwater Management 12.04.05.010 Purpose. 12.04.05.020 Applicability. 12.04.05.030 Stormwater Management Manual Adopted. 12.04.05.040 Specifications. 12.04.05.050 Exemptions. 12.04.05.060 General Stormwater Requirements. 12.04.05.070 Stormwater Site Plan Submittal Requirements for Subdivisions. 12.04.05.080 Culverts. 12.04.05.090 Fish Passage. 12.04.05.100 Stormwater System Operation and Maintenance. 12.04.05.110 Inspection and Enforcement. Article VI. Structural Design 12.04.06.010 Purpose. 12.04.06.020 Applicability. 12.04.06.030 Existing Bridges and Drainage Structures. 12.04.06.040 Bridge and Major Drainage Structure Design Standards. 12.04.06.050 Record Drawing Plans. 12.04.06.060 Post Construction Requirements. 12.04.06.070 Retaining Walls. Article VII. Driveway Access 12.04.07.010 Purpose. 12.04.07.020 Applicability. 12.04.07.030 Driveway Classifications. 12.04.07.040 General Requirements. 12.04.07.050 Access Placement. 12.04.07.060 Design Requirements. 12.04.07.070 Obtaining a Permit. 12.04.07.080 Permit Conditions and Requirements. Article VIII. Roadside Features 12.04.08.010 Purpose. 12.04.08.020 Applicability. 12.04.08.030 Clear Zones. 12.04.08.040 Slopes. 12.04.08.050 Mailboxes. 12.04.08.060 Landscaping. 12.04.08.070 Roadway Illumination. 12.04.08.080 Bollards. 12.04.08.090 Guardrails. 12.04.08.100 Snow Storage. 12.04.08.110 Gates. 12.04.08.120 Gateway Monuments and Signs. 12.04.08.130 Road Signs and Traffic Control Devices. 12.04.08.140 Private Signs in the Public Right of Way. Article IX. Urban Features 12.04.09.010 Americans with Disabilities Act (ADA). 12.04.09.020 Pedestrian Facilities. 12.04.09.030 Trails and Shared Use Paths. 12.04.09.040 Public Transportation and School Bus Facilities. Article X. Construction Plan Submittals 12.04.10.010 Purpose. 12.04.10.020 Applicability. 12.04.10.030 General Standards for Final Construction Plans. 12.04.10.040 Certification. 12.04.10.050 Submittal Procedure. 12.04.10.060 Plan Elements. Article XI. Standard Plans 12.04.11.010 Typical Roadway Sections. 12.04.11.020 Typical Roadway Details.
Article I. General Information
12.04.01.010 Purpose.
The purpose of this chapter is to define the criteria for design of public and private roads and bridges in Kittitas County. Additional purpose statements are located in KCC 12.01.010. (Ord. 2023-010, 2023)
12.04.01.020 Applicability.
This chapter applies to the design of facilities for which review and approval by the Kittitas County Department of Public Works is required. This includes all roadways, streets, driveways, bridges, roadway drainage, utilities, and various roadside features. Additional applicability details are located in KCC 12.01.020. (Ord. 2023-010, 2023)
12.04.01.030 General Design Requirements.
All road construction that meets the applicability of this section shall be designed by or under the direct supervision of a civil engineer, licensed to practice in the State of Washington. All construction drawings, reports (geotechnical, drainage, pavement designs etc.), and supporting data submitted to the County must bear the seal and signature of the Engineer of Record.
Article II. Concurrency & Transportation Impact Analysis
12.04.02.010 Purpose.
The purpose of the analysis, if required, is to determine what impact the traffic generated by a proposed development will have on the existing roadway network, and ensure that adequate transportation facilities are available or provided concurrent with development, in accordance with the Growth Management Act (RCW 36.70A.070) and consistent with WAC 365-195-510 and WAC 365-195-835. No development permit shall be issued except in accordance with this chapter.
A transportation impact analysis (TIA) is a study of the impacts that a development will have on the surrounding transportation system and is part of the State Environmental Policy Act (SEPA) evaluation. In addition, the TIA is used in the development impact review process to determine the concurrency of the transportation system.
These guidelines have been prepared to establish the requirements for TIA and concurrency evaluation. The County Engineer, or designee, will be the person responsible under SEPA for determining the need for a TIA. (Ord. 2023-010, 2023)
12.04.02.020 Applicability.
A concurrency evaluation and determination shall be required for all development applications in which the proposed development is projected to have an impact upon the transportation corridor or intersection. Developments generating 41 or fewer daily trips are exempt from the TIA and concurrency evaluation requirements. (Ord. 2023-010, 2023)
12.04.02.030 Level of Service Standards.
There are two types of level of service (LOS) applied to this section. Intersection LOS standards are used to assess impacts for the TIA, following the latest edition of the Highway Capacity Manual. For the TIA, LOS D or better must be maintained at all study intersections. The transportation level of service standards (LOS) for purposes of concurrency review are described and contained in the Kittitas County Comprehensive Plan, Long Range Transportation Plan, and any adopted modifications. (Ord. 2023-010, 2023)
12.04.02.040 Scope of Transportation Impact Analysis.
The applicant shall coordinate with the County to establish the scope of the TIA. To initiate scope review and approval, the applicant shall submit a preliminary, scoping letter documenting the trip generation, distribution, and assignment for the proposed development application. The following items will be included in the scoping letter submitted to the County. Developments generating 41 or fewer daily trips are exempt from the TIA and concurrency evaluation requirements.
12.04.02.050 Transportation Impact Analysis General Requirements.
The following requirements shall apply to the analysis of transportation impacts:
12.04.02.060 Transportation Impact Analysis Format and Required Elements.
The transportation impact analysis shall be submitted to the County for review. It shall include each of the following elements and follow the general format outlined below:
12.04.02.070 Transportation Impact Analysis Review and Acceptance.
At the same time as the submission of an application for proposed development, the applicant shall submit the applicant's transportation impact analysis to the County Engineer or designee. The County Engineer or designee shall review each transportation impact analysis for accuracy and conformity with the criteria set forth in this title. Within twenty-eight calendar days of the submission of the transportation impact analysis, the County Engineer or designee shall determine the completeness of the submittal. If the submittal is incomplete, the County Engineer or designee shall identify in writing the specific requirements, information, or materials necessary to complete the transportation impact analysis. (Ord. 2023-010, 2023)
12.04.02.080 Concurrency Determination.
Development permits will not be approved unless there are adequate transportation facilities to meet the level of service standards for existing and approved uses, based on the concurrency analysis in the TIA which is based on the daily traffic volumes associated with the project and the capacity of the committed transportation system. For development within the UGA, study intersections within UGA and affected City's boundary shall meet the applicable LOS standards of the affected City, or County, whichever is more stringent. Concurrency requires adequate transportation facilities to be in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies needed for adequate transportation facilities within six years.
12.04.02.090 Determination of Concurrency Finding.
12.04.02.100 Administrative Reconsideration.
Article III. Surveying
12.04.03.010 Purpose.
The purpose of this article is to present Kittitas County requirements for land surveying, and survey monuments. (Ord. 2023-010, 2023)
12.04.03.020 Applicability.
This section applies to survey work and survey monuments associated with the design, maintenance, and construction of streets and roads in Kittitas County. (Ord. 2023-010, 2023)
12.04.03.030 Road Survey Monuments.
The following criteria shall apply to all public road survey monuments:
12.04.03.040 Range Points, Property Monuments, and Benchmarks.
The following criteria shall apply to all range points, property monuments, and benchmarks:
Article IV. Geometric Design
12.04.04.010 Purpose.
The purpose of this article is to present Kittitas County criteria for the design of public and private roads and streets. (Ord. 2023-010, 2023)
12.04.04.020 Applicability.
This section applies to the design of streets and roads that meet the roadway classification criteria as defined in KCC 12.03. Land use activity which requires road access shall be served by a road that is built to the applicable county standards set forth in this section. The applicable standard is determined by the density and type of land use, design speed, and traffic volume (ADT). (Ord. 2023-010, 2023)
12.04.04.030 General Design Criteria.
General Considerations: In addition to the specific design standards found throughout other parts of these standards, the following general design principals shall be followed to the maximum extent feasible:
12.04.04.040 Public Roads.
Public Roads shall comply with the following conditions:
12.04.04.050 Private Roads.
Although community local access roads are usually best served by public roads, controlled and maintained by the county, private roads may be appropriate for some local access roads for residential, commercial, or industrial uses. At the discretion of the county engineer, proposed private roads within an adopted Urban Growth Area (UGA) may defer to the associated city's development standards in the absence of a variance process. Roads will be approved as private roads instead of public when all of the following conditions are met:
Private roads shall comply with the following conditions:
Prior to final approval of any land use development activity, the entire private road system serving a development shall be certified by a civil engineer licensed in the State of Washington to meet Kittitas County Road Standards, unless a performance guarantee is provided in accordance with KCC 12.01.090. The certification shall include all private roads used to access the development from a County or other publicly maintained road. The certification shall be prepared in accordance with the Department of Public Works private road certification guidelines. All information required by the private road certification guidelines shall be presented for the certification to be complete.
A final acceptance inspection by the Department of Public Works is required prior to acceptance of the road certification. Any noted deficiencies must be corrected prior to final acceptance.
Roads not certified and associated with plats or lots approved prior to the development of Kittitas County 2015 Road Standards shall be certified to Kittitas County 2015 Road Standards. In cases where these standards are not feasible, the County Engineer may (1) develop site specific standards or (2) deny further development on the road. (Ord. 2023-010, 2023)
12.04.04.060 Geotechnical Investigation.
If required, geotechnical conditions shall be investigated and tested in accordance with the latest edition, as amended versions of the WSDOT Geotechnical Design Manual or AASHTO Design Manual. The County Engineer may require additional geotechnical investigation based upon specific site conditions. All geotechnical work shall be completed by a geotechnical engineer licensed in the State of Washington. (Ord. 2023-010, 2023)
12.04.04.070 Intersections.
Intersection location, spacing, and design are fundamental to the management of access and preservation of capacity provided for in the roadway design. The functional classification of each roadway addresses the appropriate level of access control for that roadway.
For proposed access approaches onto any road, the intersections created are classed into two types, roadways and driveways. Roadway intersection design criteria, as defined in this section, will be used for all proposed access approaches that meet the criteria for classification as a roadway under Roadway Classifications, KCC 12.03. Driveway design criteria will be used for residential and commercial driveway approaches as defined under Driveway Access, KCC 12.04 Article IV.
When an intersection with three or more lanes is proposed, a traffic engineering analysis along with a signing, striping, and traffic channelization plan shall be completed by a professional engineer licensed in the State of Washington.
The adequacy of each design criteria provided in this section below shall be addressed by an appropriate engineering analysis. These criteria are minimum guidelines only and may be modified according to traffic volumes and mix, topography, design speed, design vehicle requirements, and other conditions.
The design of intersections shall follow criteria of AASHTO Policy on Geometric Design of Highways and Streets and other appropriate design guidelines.
The following specific criteria shall be used to design the location and geometry of roadway intersections in Kittitas County:
12.04.04.080 Roundabouts.
Roundabouts may be considered for use as a preferable intersection configuration in Kittitas County. All roundabouts shall be subject to approval by the County Engineer. Roundabouts shall be designed and constructed in accordance with the WSDOT Design Manual, applicable FHWA guidance, and these standards. (Ord. 2023-010, 2023)
12.04.04.090 Dead Ends and Turnarounds.
When a dead end road or driveway extends more than 150 feet from the centerline intersection of another county or private road, a turnaround shall be provided. The requirements for the turnaround shall meet the following requirements and the details provided in KC Standard Plan 5-6.
12.04.04.100 One Way Road.
One Way Roads may be considered for public and private roads. All one-way roads are subject to approval by the County Engineer. Road network shall be sufficient to provide ingress and egress. Roadway design to meet minimum private road standards. Applicable signing shall be installed as per MUTCD. (Ord. 2023-010, 2023)
12.04.04.110 Railroad Grade Crossings.
All proposed railroad crossings shall be coordinated, submitted, and subject to the approval process of the affected railroad right of way owner. Kittitas County approvals shall be contingent upon the submission of documented final approvals from all affected railroad agencies. At the time of publication of these standards, Burlington Northern Santa Fe (BNSF) is the only railroad operating in Kittitas County. (Ord. 2023-010, 2023)
12.04.04.120 Emergency Access Roads.
Emergency access roads, if they are deemed necessary for a particular development, shall be constructed with an all-weather surface to adequately support the proposed loads of emergency vehicles. Requirements and design of such roads is site specific and will require coordination between the developer/applicant, public works, and area fire districts.
The following specific requirements shall apply to the design and construction of emergency access roads:
Article V. Stormwater Management
12.04.05.010 Purpose.
The purpose of this Article is to establish stormwater standards and guidelines for use by the development community and others who will create stormwater runoff through land-disturbing activities in Kittitas County. More specifically, this Article addresses the following purposes:
12.04.05.020 Applicability.
The provisions of this article are intended to guide and advise those who conduct new development or redevelopment within Kittitas County. The provisions establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped, as defined below, within Kittitas County.
This article shall be applicable to all land-disturbing activities including new development and creation of 5,000sq.ft. of impervious including transportation projects, that are within the boundaries of unincorporated Kittitas County and that meet one or more of the following criteria:
This chapter is adopted pursuant to authority conferred by and in accordance with the provisions of the State of Washington Water Pollution Control Law, Chapter 90.48 RCW, and the Federal Water Pollution Control Act (the Clean Water Act) Title 33 United States Code, Section 1251. (Ord. 2023-010, 2023)
12.04.05.030 Stormwater Management Manual Adopted.
Kittitas County adopts by reference the Stormwater Management Manual for Eastern Washington (SWMMEW), current edition, as now or hereafter amended, along with additional provisions for stormwater management as follows in this chapter. (Ord. 2023-010, 2023)
12.04.05.040 Specifications.
All stormwater facilities shall be designed in accordance with the current edition of Washington State Department of Ecology’s SWMMEW. Public road projects may be designed using BMPs specified in the current edition of the Washington State Department of Transportation (WSDOT) Highway Runoff Manual (HRM); however the Core Elements of the SWMMEW must still be met. Elements of stormwater collection and conveyance systems that are not addressed in the SWMMEW shall be designed in accordance with the current edition of the WSDOT Hydraulics Manual. (Ord. 2023-010, 2023)
12.04.05.050 Exemptions.
Projects exempt from this code include the exemptions and partial exemptions listed in the SWMMEW, Sections 2.1.3 and 2.1.4, current edition. Local exemptions and variances may be granted by the County Engineer in accordance with the guidelines in Section 2.1.5 of the SWMMEW. Exemptions or exceptions to the requirements in the SWMMEW within the NPDES Phase II boundary and not specifically allowed by the SWMMEW shall be subject to approval by the Washington State Department of Ecology. (Ord. 2023-010, 2023)
12.04.05.060 General Stormwater Requirements.
All proposed development within Kittitas County shall be required to adhere to the SWMMEW, current version. If thresholds are met to require core elements 5 or 6, a Stormwater Permit from Kittitas County shall be required prior to beginning construction. The following requirements shall be met:
12.04.05.070 Stormwater Site Plan Submittal Requirements for Subdivisions.
Submittal Requirements for Stormwater Site Plans (Reference Ch. 3 of the SWMMEW) shall be as follows for subdivision projects:
12.04.05.080 Culverts.
Culverts with a minimum diameter of 18 inches and beveled ends with a 4:1 slope shall be installed at all County road intersections, at all crossings of natural drainage courses, and at all locations where the finished grade of the proposed roadway prism creates a collection point for stormwater unless otherwise approved by the County Engineer. Culvert material shall be as follows:
Determination of fire prone area boundaries shall be determined by the County Engineer or designee.
In locations where larger diameter culverts are needed, the culvert shall be sized for 25-year peak flow conveyance based on a hydraulic analysis conducted in accordance with the WSDOT Hydraulics Manual.
For culverts greater than 24" diameter, end treatments are to be beveled or grated unless otherwise approved by the Public Works Director.
All aspects of culvert design, including but not limited to culverts, headwalls, beveled end sections, flared end sections, safety bars, pipe connections, and installation shall be designed and constructed in accordance with the latest edition, as amended versions of the following documents:
Driveways shall include culverts as required by the driveway approach section of these standards. (Ord. 2023-010, 2023)
12.04.05.090 Fish Passage.
All culverts associated with fish bearing streams in Kittitas County shall be designed for fish passage standards in accordance with the Washington State Department of Ecology, and Washington Department of Fish and Wildlife Water Crossing Design Guidelines. Fish passage facilities meeting the criteria of a bridge or major drainage structure shall be designed in accordance with KCC 12.04.06.040. (Ord. 2023-010, 2023)
12.04.05.100 Stormwater System Operation and Maintenance.
All stormwater drainage systems within current or future County right-of-way shall be designed and constructed in accordance with these standards, for maintenance by the County.
All stormwater drainage systems constructed for the purpose of storage, conveyance, collection or treatment of stormwater generated on privately owned properties shall be designed and constructed in accordance with these standards, and shall be maintained at the expense of and by the property owner, developer, homeowner’s association, or other responsible entity. This responsibility and the provision for maintenance shall be clearly stated on subdivision and short plat plans and/or drainage improvement plans. Prior to final approval of any plan of development or other development for which a permit is required under this article, the property owner shall execute a maintenance agreement acceptable to the County Engineer that specifies maintenance required by the property owner, provides access to the County for inspection, and provides access to the County to perform maintenance activities in the event that the property owner does not perform required maintenance. The agreement shall be recorded in the office of the county auditor, a note placed on the recorded plat with the auditor’s file number, and shall run with the land. (Ord. 2023-010, 2023)
12.04.05.110 Inspection and Enforcement.
Article VI. Structural Design
12.04.06.010 Purpose.
The purpose of this article is to present Kittitas County criteria for the design of structural roadway components for both public and private roads and streets. (Ord. 2023-010, 2023)
12.04.06.020 Applicability.
This section applies to the design of all structural features associated with both public and private roadways. Structural features include, but are not limited to: bridges, abutments, major drainage structures, retaining walls, and foundations. (Ord. 2023-010, 2023)
12.04.06.030 Existing Bridges and Drainage Structures.
Prior to any land division approval and as directed by the County Engineer, an inspection of existing bridges and drainage structures within the boundaries of the development shall be conducted by a professional civil engineer, licensed in the State of Washington, knowledgeable of bridge design and construction. The inspection shall include an assessment of the existing bridges and drainage structures with regard to the requirements set forth in these standards for load function, superstructure, and abutments.
Existing bridges and drainage structures within the boundaries of the development that do not meet the standards of this section shall be replaced with new bridges and drainage structures or the existing bridges and drainage structures shall be modified as necessary.
Should the development review process identify off-site locations where the existing roads must be widened or realigned as a condition of development approval, all affected bridges and drainage structures shall be evaluated in the same manner as for those within the boundaries of the development. All necessary widenings, extensions or replacements necessary to accommodate the new roadway width or alignment shall meet applicable structural and hydraulic design standards. (Ord. 2023-010, 2023)
12.04.06.040 Bridge and Major Drainage Structure Design Standards.
The following shall apply to the design of all bridges and major drainage structures, public and private, in Kittitas County:
12.04.06.050 Record Drawing Plans.
Upon completion and acceptance of any box culvert or bridge built under these standards, certification of the bridge load rating and a complete set of record drawing plans shall be furnished to the County Engineer. (Ord. 2023-010, 2023)
12.04.06.060 Post Construction Requirements.
The owner of any newly built structure will be required to have the engineer of record verify that the structure has been built to required specifications. This verification shall be in the form of a written certification to be submitted in writing to the County Engineer prior to any required approvals from the public works department.
The bridge or structure owner will be responsible for the inspections or maintenance of any privately owned structure. The county will not be responsible for any inspection, maintenance, repair, replacement, or other aspects of privately owned structures.
A final load rating from a structural engineer licensed in the State of Washington shall be submitted to the County Engineer prior to public dedication. (Ord. 2023-010, 2023)
12.04.06.070 Retaining Walls.
Retaining walls within a public right-of-way shall be designed and constructed to meet the minimum requirements of the AASHTO and shall be reviewed by the County Engineer for approval. Retaining walls with a height of four feet or greater and all retaining walls with a surcharge shall be designed, signed, and stamped by a registered engineer licensed in the state of Washington, and shall be submitted by the applicant for approval by the County Engineer and building official. A soils investigation and report by a geotechnical engineer may be required based on the engineering judgment of the structural engineer and at the discretion of the County Engineer.
Article VII. Driveway Access
12.04.07.010 Purpose.
The purpose of this section is to provide the standards and criteria for the design of driveway access in order to ensure safety, maintain capacity, maintain roadway drainage, maintain the structural integrity of the roadway prism, and protect the functional level of public roads while meeting state, regional, local, and private transportation needs and interests. (Ord. 2023-010, 2023)
12.04.07.020 Applicability.
This section applies to land use activity which requires new residential or commercial driveway access, or modification, or changes in type of use of existing driveway access.
Private access serving four or more lots shall be considered a roadway and shall be classified under the appropriate roadway classification criteria in KCC 12.03 and shall have access points that meet the requirements for Intersection Design, KCC 12.04.04.070.
No construction of any driveway access providing direct movement to or from any Kittitas County maintained road from or to property adjoining the road or private road, shall be allowed without obtaining a driveway access permit issued by the Kittitas County Department of Public Works. An access permit shall be required prior to construction of an access.
No relocation, alteration, or reconstruction of existing driveway access shall be permitted without prior written approval from the County Engineer. A change in use of an existing access will require a new access permit.
Access permits shall not be required for lots created upon final approval of a plat where the newly created lots access subdivision internal roads or cul-de-sacs or access to a public road is established through an access review during the subdivision process. Access reviewed and provided written approval during the subdivision process are vested to the driveway requirements at the time of approval. (Ord. 2023-010, 2023)
12.04.07.030 Driveway Classifications.
The following criteria shall be used for the classification and design of driveways in Kittitas County:
12.04.07.040 General Requirements.
12.04.07.050 Access Placement.
12.04.07.060 Design Requirements.
1 The County Engineer may limit the width of the accesses based on site constraints such as site triangles, access spacing, lot density, etc. 2 Driveways with grades exceeding 15% shall require a variance. 3 County Engineer may alter driveway standards for driveways less than 50 feet in length.
12.04.07.070 Obtaining a Permit.
12.04.07.080 Permit Conditions and Requirements.
1 Any access that cannot meet applicable spacing will require an approved variance 2 Residential & urban zones will be evaluated on a case by case basis 3 Refer to KCC 12.03.030 4 Includes public and private roads and all other access points
Article VIII. Roadside Features
12.04.08.010 Purpose.
The purpose of this section is to provide the standards and criteria for the design of common roadside features in order to ensure a high level of safety, functionality, and efficient maintenance of the roadway. (Ord. 2023-010, 2023)
12.04.08.020 Applicability.
This section applies to the design of roadside features for all streets and roads that that are subject to the requirements of this section, as defined previously. All roadside features shall be designed in accordance with these standards and applicable WSDOT Design Manuals or AASHTO Design Guidelines. This section does not cover all possible roadside features. Roadside features that are not covered in this section shall be designed in accordance with the most recent edition of the commonly accepted standards and guidance that pertain to each particular feature. (Ord. 2023-010, 2023)
12.04.08.030 Clear Zones.
In addition to the various clearances required by these standards, the areas of the roadway that are outside the traveled way shall be designed to the maximum extent possible to provide a clear zone that maximizes roadside safety for vehicles that leave the roadway. The design of roadside features shall be designed with clear zones as defined by the WSDOT Design Manual.
The following specific requirements shall apply:
12.04.08.040 Slopes.
Side slopes shall be constructed no steeper than two to one on both fill slope and cut slopes. Steeper slopes may be approved by the County Engineer upon review of a geotechnical investigation, provided by the applicant, and prepared in accordance with the requirements of these standards. See KCC 12.04.04.060 Geotechnical Investigation.
Side slopes shall be permanently stabilized by a method that is appropriate to the soil type, climate, and project location. Typical methods include, but are not limited to: grass sod, hydroseeding, planting of native species, or surfacing materials.
Side slopes shall be designed to accommodate utility placement and the placement of other roadside features.
Cut slopes may require terracing depending upon the total slope height and the nature of the material being cut. Cut slopes higher than fifteen feet will require a geotechnical investigation to determine if terracing will be required. (Ord. 2023-010, 2023)
12.04.08.050 Mailboxes.
All mailboxes, including both individual and cluster types, shall be designed and constructed in accordance with requirements of the United States Postal Service, the WSDOT LAG Manual, and as follows:
12.04.08.060 Landscaping.
All landscaping within county right-of-way shall require approval of the County Engineer. Landscaping shall be of the type and placement to achieve and maintain the sight distance requirements detailed in KCC 12.04 Article IV. No landscaping shall be allowed within a drainage ditch or drainage swales. (Ord. 2023-010, 2023)
12.04.08.070 Roadway Illumination.
Kittitas County Roadway Intersection Illumination Policy: The board of county commissioners, all members present, adopts the County Engineer’s recommendation to install highway intersection lighting on all arterial road intersections having an ADT of over one thousand count or more, with a minimum of one twenty thousand lumen fixture or more, as may be required.
In addition to the above policy, roadway illumination will be provided when required by an incorporated city or by the Washington State Department of Transportation. Widening of collectors with existing illumination will require installation of new illumination designed to current design standards. Illumination intensity and uniformity shall conform to the incorporated city or the Washington State Department of Transportation standards. Luminaire fixtures shall be consistent with requirements of the local electrical utility entity, and shall be subject to the approvals of that entity.
The applicant or engineer shall submit a letter to the department of public works certifying that the design is in conformance with the most current edition of roadway lighting design guidance developed by the Illuminating Engineering Society and approved by the American National Standards Institute (ANSI). Written acceptance of illumination designs and locations by the department of public works shall be required prior to installation.
The county shall base determinations of illumination installation or maintenance acceptance upon engineering and traffic safety considerations as determined by the County Engineer. (Ord. 2023-010, 2023)
12.04.08.080 Bollards.
When necessary to deny motor vehicle access to an easement, tract or trail except for maintenance or emergency vehicles, the point of access shall be closed by a line of bollards. These shall include one or more fixed bollards on each side of the traveled way and removable, locking bollards across the traveled way. Spacing shall provide one bollard on centerline of the trail and the other bollards spaced at minimum fifty inches on center of trails ten feet wide or less and spacing of sixty inches on center of trails wider than ten feet.
Bollard design shall be in accordance with the most recent edition of the applicable WSDOT Standard Plans or other design acceptable to the County Engineer. No fire apparatus access roads shall be blocked in this manner without concurrence of the fire marshal. Bollards shall be located at least ten feet laterally from the paved edge of roadway.
For proposed bollards associated with trails, multi-use pathways, or any location where the bollards may present a safety hazard to the public, the applicant shall submit a written safety assessment, performed by an engineer licensed in the State of Washington for review and approval by the County Engineer. (Ord. 2023-010, 2023)
12.04.08.090 Guardrails.
Evaluation of embankments for guardrail installation shall be in accordance with WSDOT Design Manual, or AASHTO Roadside Design Guide. Guardrail installations shall conform to the appropriate plan or plans from the latest edition of WSDOT Standard Plans. All new guardrail installations shall use Type 31.
Breaks or openings on existing guardrail systems shall be evaluated and justified to the County Engineer's satisfaction based upon suitable engineering studies considering traffic safety and public safety concerns. (Ord. 2023-010, 2023)
12.04.08.100 Snow Storage.
Roadway design shall accommodate snow removal and storage using conventional snowplowing methods and without the need for graders and other specialized equipment.
Snow storage design shall be tailored to accommodate the snowfall averages of the project location.
Roadway shoulders shall have adequate area to accommodate snow removal during winter months, especially in the vicinity of roadway cut locations.
Dead end roadways and driveway design shall include a designated area for snow storage indicated on the plans and sized to accommodate the average snowfall in the project area. (Ord. 2023-010, 2023)
12.04.08.110 Gates.
Developments proposing gated access on private roads shall be designed so as not to impede access by emergency vehicles including under snow conditions. Design, installation and maintenance of gates are subject to approval and permit by the Kittitas County fire marshal. All gated access shall comply with but may not be limited to the following requirements:
12.04.08.120 Gateway Monuments and Signs.
Where monuments and gateway signs are provided for residential, commercial, industrial, or any other type of development, the signs should be designed to provide information for the benefit and convenience of the traveling public and should not detract from the quality of the surrounding environment. Signs should complement and characterize the environment in which they serve to give their respective areas a unique and pleasing quality. All elements of the monument or sign shall be located outside of the public right-of-way and shall not limit required turning radii, limit sight distance, and shall meet the clear distance requirements set forth in the WSDOT Design Manual and these standards. All monument signs and associated materials shall be designed to ensure positive roadway drainage, avoid ponding and puddles, keep the roadway clean and free of debris, and accommodate effective and efficient snow removal. All gateway monuments and signs shall be subject to approval by the County Engineer. (Ord. 2023-010, 2023)
12.04.08.130 Road Signs and Traffic Control Devices.
Road signs, traffic control devices, and pavement markings shall be designed and constructed according to the following standards and criteria:
Maintenance and replacement of warning and regulatory signs outside public right-of-way shall be the responsibility of the applicant, a homeowners' association, or if there is no homeowners’ association, the property owners whose property abuts or has legal access to the public road system via the private road.
Where required by the approved signing and striping plan, roadway striping, raised pavement markers or other traffic delineators shall be installed by the applicant in accordance with the approved plans and the MUTCD and be in place prior to opening the roads for use. (Ord. 2023-010, 2023)
12.04.08.140 Private Signs in the Public Right of Way.
It shall be the policy of the county that commercial signs shall not be permitted within the right-of-way of county roads. The county will remove any private or commercial signs which are found within the county right-of-way. (Ord. 2023-010, 2023)
Article IX. Urban Features
12.04.09.010 Americans with Disabilities Act (ADA).
All pedestrian surfaces shall be constructed in accordance with the most current guidance for maintaining compliance with the American’s with Disabilities Act (ADA). At the time this was written, useful guidance includes, but is not limited to publications by the Public Rights-of-Way Access Advisory Committee, WSDOT Design Manual, WSDOT Field Guide for Accessible Public Rights of Way, and WSDOT Standard Plans.
It shall be the responsibility of the applicant and the applicant’s engineer to ensure that all pedestrian facilities are in full compliance with the most current requirements for accessibility. (Ord. 2023-010, 2023)
12.04.09.020 Pedestrian Facilities.
Pedestrian facilities shall be required in LAMIRDs where they are consistent with the built environment.
If existing facilities are present, adjacent and nearby, projects shall construct pedestrian facilities to match in accordance with these standards.
In LAMIRDs where new land subdivisions are proposed, facilities shall be constructed where they provide a logical function such as conveyance of students to locations of potential bus stops or to areas consistent with pedestrian destinations or to provide logical connectivity for consistent pedestrian access.
In LAMIRDs that are in-fill in nature and pedestrian facilities do not exist adjacent to the project and are not likely to be constructed, pedestrian facilities will not be required.
Pedestrian facilities in rural areas shall be constructed to one of the following configurations:
12.04.09.030 Trails and Shared Use Paths.
Walkways, bikeways, trails, and shared use paths shall be required as identified in the Kittitas County Comprehensive Plan, Regional Transportation Plans, or other approved plans.
Non-motorized transportation includes travel by bicyclists, pedestrians, and equestrians. WSDOT and AASHTO design guidance l will be followed for design of bicycle paths, trails and other non-motorized transportation. (Ord. 2023-010, 2023)
12.04.09.040 Public Transportation and School Bus Facilities.
The affected public transportation agency and the local school district will be notified and invited to review project applications that include a known bus route. Based on coordination with these agencies, the County Engineer may require the following:
Article X. Construction Plan Submittals
12.04.10.010 Purpose.
The purpose of this Article is to establish the specific requirements and procedures and set clear requirements for the preparation and submittal of construction plans for any public or private roadway or storm drainage improvements for which approval by the Kittitas County Department of Public Works is required. (Ord. 2023-010, 2023)
12.04.10.020 Applicability.
When road or driveway construction, storm drainage, or utility work inside the existing public right of way or private roadway easement is required by conditions of land development, building permit, special use permit, and other approvals in the Kittitas County Code, construction plans for these improvements shall be prepared that meet the requirements in these standards. Failure to meet the requirements set out in this chapter shall constitute an incomplete application and shall not be accepted for review. (Ord. 2023-010, 2023)
12.04.10.030 General Standards for Final Construction Plans.
12.04.10.040 Certification.
Construction plans and other engineering documents submitted for review and comment must include the following statement on the cover sheet:
These construction plans for [insert name of subdivision, development, or project] were prepared by me (or under my direct supervision) in accordance with the requirements of Title 12 of the Kittitas County Code.
[Name of Engineer] [Name of Firm] [Date]
The cover sheet shall also bear the following statement, and shall be stamped, signed, and dated by the registered engineer who prepared or directed the preparation of the submitted document:
The engineer who has prepared this document, by execution and/or seal hereof does hereby affirm responsibility to the County, as a beneficiary of said engineer's work, for any errors and omissions contained in this document, and acceptance and approval of this document by the Department of Public Works shall not relieve the engineer who has prepared these plans of any such responsibility.
Unless special conditions apply which are identified or noted in the submittal, all construction plan submittals and other engineering documents are assumed to comply with the provisions of these standards. Failure to follow prescribed procedures may result in return of submittals, additional review fees, or both.
Kittitas County, through the acceptance of the construction plan, drainage report, or other engineering document as a submittal assumes no responsibility for the completeness, accuracy, and/or adequacy of the submitted material. (Ord. 2023-010, 2023)
12.04.10.050 Submittal Procedure.
Plans for proposed road and drainage construction shall be submitted to the Department of Public Works as follows:
Boundary Line Adjustments are to be reviewed by Public Works in accordance with Kittitas County Code Chapter 16.04. (Ord. 2023-010, 2023)
12.04.10.060 Plan Elements.
In addition to the requirements set forth elsewhere in these Standards, the following information shall be shown on all roadway plans submitted for review and approval.
These plans have been reviewed by Kittitas County Department of Public Works and have been accepted for complying with the requirements of Kittitas County Road Standards.
Private improvements such as roadways, driveways, utilities, etc. shall be clearly shown, labeled, and delineated from public roads and roads intended for acceptance into the County system, on each sheet of the construction plans. The note below shall appear on the cover sheet of the construction plans for private improvements:
Kittitas County shall not be responsible for the maintenance of roadway and appurtenant improvements, including storm drainage structures and pipes, for the following private roads: [List]
Article XI. Standard Plans
12.04.11.010 Typical Roadway Sections.
12.04.11.020 Typical Roadway Details.
Chapter 12.05 ROADWAY, BRIDGE, AND STORMWATER CONSTRUCTION
Sections Article I. General Information 12.05.01.010 Purpose. 12.05.01.020 Applicability. 12.05.01.030 Documentation and Final Acceptance. 12.05.01.040 County Forces and County Contract Road Inspection. 12.05.01.050 Call Before You Dig. 12.05.01.060 Penalties for Failure to Notify for Development Inspection. Article II. Construction Requirements and Inspection 12.05.02.010 Purpose. 12.05.02.020 Applicability. 12.05.02.030 Basis for Control of Work. 12.05.02.040 Posting of Site. 12.05.02.050 Site Maintenance Requirements. 12.05.02.060 Hours of Operation. 12.05.02.070 Inspection and Notification Requirements. 12.05.02.080 Structure Inspections. 12.05.02.090 Inspections Performed by Applicant’s Engineer. 12.05.02.100 Certification of Inspections and Testing by Applicant’s Engineer. 12.05.02.110 Utility Accommodation Policy. Article III. Construction Traffic Control 12.05.03.010 Purpose. 12.05.03.020 Applicability. 12.05.03.030 Requirements.
12.05.01.010 Purpose.
The purpose of this article is to establish the requirements for construction and inspection of roadways, bridges, drainage facilities, utilities, and any other construction within current or proposed public right of way in Kittitas County. (Ord. 2023-010, 2023)
12.05.01.020 Applicability.
This article applies to all private developers, county forces, county contractors, or private contractors who are involved in the performance of any work, including subdivision, commercial, industrial, and right-of-way development which requires approvals from the Kittitas County Public Works. This work includes but is not limited to: all road, bridge, and drainage facility construction (private, public, or proposed for adoption on the county road system) or any other construction and work performed within the current or proposed county right-of-way. (Ord. 2023-010, 2023)
12.05.01.030 Documentation and Final Acceptance.
Upon completion of all work, the applicant shall request final acceptance by the Kittitas County Engineer. The County Engineer shall review all documents including test reports, inspection certifications, daily diaries, and any notes made by the County Engineer or designee, and county inspectors during site visits and project inspections. The County Engineer, the applicant and the applicant’s engineer shall conduct an on-site review of the project to ascertain the level of completeness of the project including cleanup. If the County Engineer is satisfied that the project has been completed in conformance with the approved plans, these standards, and all other requirements that may have been imposed by means of approved change order, he/she shall provide the applicant with a written acceptance. If additional work or documentation is required, the County Engineer shall prepare a letter to the applicant outlining a list of actions that shall be taken before final approval and acceptance. (Ord. 2023-010, 2023)
12.05.01.040 County Forces and County Contract Road Inspection.
Road construction performed by County forces or by contract for the County will be inspected under supervision of the County Engineer. (Ord. 2023-010, 2023)
12.05.01.050 Call Before You Dig.
Developers and contractors are responsible for notification of utilities a minimum of two working days in advance of any excavation, or as required by RCW 19.122. The utility One-Call Center phone number 1-800-424-5555 or 811 should be prominently displayed at the work site. Notifications may also be entered online at www.callbeforeyoudig.org. (Ord. 2023-010, 2023)
12.05.01.060 Penalties for Failure to Notify for Development Inspection.
Timely notification by the developer as noted is essential for the County to verify through inspection that the work has been performed in accordance with approved plans and these standards. Failure to request inspection within the notification times listed in KCC 12.05.02.070 may result in special arrangements by the County for appropriate sampling and testing after-the-fact, with certification, either by a qualified private engineer or by County personnel. Costs of such testing and certification shall be the responsibility of the developer. If the County Engineer requires further sampling, testing or certification, further work on the development may be prohibited or limited per KCC 12.01.060 until all directed tests have been completed and corrections made to the satisfaction of the County Engineer. (Ord. 2023-010, 2023)
Article II. Construction Requirements and Inspection
12.05.02.010 Purpose.
See KCC 12.05.01.010 and KCC 12.01.010. (Ord. 2023-010, 2023)
12.05.02.020 Applicability.
See KCC 12.05.01.020 and KCC 12.01.020. (Ord. 2023-010, 2023)
12.05.02.030 Basis for Control of Work.
The basis for control of work shall be as follows:
12.05.02.040 Posting of Site.
For all new major subdivision work and planned developments, the applicant shall post one (or more) signs showing the name of the subdivision or development, and the name of the applicant, the applicant’s engineer and the prime contractor along with a contact telephone number for each. The signs shall show the names and telephone numbers in suitably contrasting text not less than two inches in height. The signs shall be placed at the access point(s) from the county road to the new development and not more than twenty-five feet from the near edge of the county road. Not applicable to grading permits issued by Kittitas County Public Works. (Ord. 2023-010, 2023)
12.05.02.050 Site Maintenance Requirements.
Construction sites shall be maintained for access, accessibility, and safety at all times. Site maintenance activities shall include, but are not limited to the following:
12.05.02.060 Hours of Operation.
Unless otherwise approved by the County Engineer prior to beginning construction, the normal hours of operation for construction shall be as follows:
*The applicant shall coordinate with the County Engineer to determine the fees and cost recovery method associated with weekend inspections or other work performed by Kittitas County during weekend hours.
More restrictive hour of operation limitations related to SEPA or other permitting requirements associated with agencies other than Kittitas County shall apply, and shall supersede these hours of operation restrictions. Under some circumstances, hours of operation may be revised at the discretion of the County Engineer or designee. (Ord. 2023-010, 2023)
12.05.02.070 Inspection and Notification Requirements.
Control and inspection of construction on public infrastructure will be done by the Department of Public Works. Work will be inspected to verify that it conforms to the approved plans, these standards, and other referenced standards, specifications, and guidance. Unless otherwise instructed by the County Engineer, construction events which require monitoring or inspection, and the specific requirements for inspection and inspection request notice are identified below. The Kittitas County Department of Public Works may be notified by phone at 509-962-7523, or by email at the following address: publicworks@co.kittitas.wa.us.
12.05.02.080 Structure Inspections.
The following shall apply to the construction inspection of all bridges and major drainage structures:
12.05.02.090 Inspections Performed by Applicant's Engineer.
Inspections of public infrastructure are almost always performed by Kittitas County in accordance with these standards. However, under some circumstances and at the discretion of the County Engineer, the applicant’s engineer may be required to perform certain inspections. The conditions when this might occur include, but are not limited to the following:
In these instances, the applicant performing the work shall be required to furnish licensed engineers and/or qualified special inspector(s). All inspection work performed shall be approved by the County Engineer. Inspection reports and testing results shall be submitted to the Department of Public Works before close of the next working day. Additional time may be granted at the discretion of the County Engineer or designee.
Materials sampling and testing shall be at the frequency and magnitude as set forth in the WSDOT Construction Manual. Testing and sampling shall be performed by a private testing laboratory for all county dedicated roads. Certified test reports shall be furnished to the County Engineer for all tests performed by private testing laboratories according to KCC 12.05.02.100. (Ord. 2023-010, 2023)
12.05.02.100 Certification of Inspections and Testing by Applicant's Engineer.
In instances where inspections are being performed by the applicant's engineer as described in KCC 12.05.02.090 or other sections of these standards, the applicant shall engage the services of a professional engineer, licensed in the State of Washington to document and certify all inspections and testing during the construction process.
It is also the responsibility of the applicant and their engineer to provide all inspections required by these standards, the standard specifications, as well as daily inspection of such work to ensure that work is completed in accordance with the approved plans, standard specifications, and these standards. It shall also be the responsibility of the applicant and their engineer to perform such inspections and testing of materials and their placement as may be required, and to certify all such inspections and testing including compliance with the approved plans and these standards.
A daily activity diary shall be kept by the applicant's engineer or his/her designee for all days that there is road or drainage work performed on the project site. Copies of all test records, inspection records and the daily diary shall be furnished to the County Engineer on a weekly basis. At the time of each inspection as set or as deemed necessary by the County Engineer, the County Engineer or designee will visit the project site to review the work related to the required inspection. Such site visits do not relieve the applicant, the contractor or the applicant's engineer of any responsibilities for performing all work in accordance with the approved plans and this chapter. The County Engineer or designee may also visit the project site from time to time to monitor the overall progress of the project. (Ord. 2023-010, 2023)
12.05.02.110 Utility Accommodation Policy.
In accordance with RCW 36.55, the "Policy on Accommodation of Utilities," written and approved by the Washington Association of Counties in the fiscal year of 1971, is adopted by the county. Where the word "State" appears in the policy, the County of Kittitas shall be used. Where the word "Highway" appears in the policy, the word roadway will be used. Where the word "Commission" appears in the policy, the word County Engineer will be used. Where the words "Washington State Highway Commission" appears, the words Kittitas County Commissioners will be used. (Ord. 2023-010, 2023)
Article III. Construction Traffic Control
12.05.03.010 Purpose.
The purpose of this article is to establish the requirements for construction traffic control in Kittitas County. (Ord. 2023-010, 2023)
12.05.03.020 Applicability.
12.05.03.030 Requirements.
The following requirements shall apply to all traffic control in Kittitas County:
If the construction of a proposed development is determined by the County Engineer to require special routing of large trucks or heavy construction equipment to prevent impacts to surrounding roads, residences or businesses, the contractor shall be required to develop and use an approved haul route and may be required to enter into a haul road agreement establishing restoration procedures and work to be performed by the contractor upon completion of the haul operation.
When required, the haul route plan must be prepared and submitted to the County Engineer and approved prior to beginning or continuing construction. The haul route plan shall address routing, hours of operation, signing, flagging and daily maintenance.
If the contractor's equipment or suppliers fail to use the designated haul route, the County Engineer may prohibit or limit further work on the development until such time as the requirements of the haul route are complied with.
The County Engineer may require the contractor to submit a pavement analysis of the proposed haul route, prior to and immediately after construction ends. The pavement analysis shall be performed by an engineer licensed in the State of Washington. If the final pavement analysis determines that the roadway has been damaged, the contractor shall be responsible for restoration of the roadway.
Chapter 12.06 LAND USE DEVELOPMENTS REQUIRING ENGINEERING REVIEW IN THE URBAN GROWTH AREA OF CITY OF ELLENSBURG NOT UTILIZING CITY UTILITIES
Sections 12.06.010 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Not Utilizing City Utilities.
12.06.010 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Not Utilizing City Utilities.
Chapter 12.07 LAND USE DEVELOPMENTS REQUIRING ENGINEERING REVIEW IN THE URBAN GROWTH AREA OF CITY OF ELLENSBURG UTILIZING CITY UTILITIES
Sections 12.07.010 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Utilizing City Utilities.
12.07.010 Land Use Developments Requiring Engineering Review in the Urban Growth Area of City of Ellensburg Utilizing City Utilities.
Chapter 12.08 TRANSPORTATION IMPACT FEES
Sections 12.08.010 Transportation Impact Fees.
12.08.010 Transportation Impact Fees.
Kittitas County accepts the City of Ellensburg Transportation Impact Fee study for use in the Urban Growth Area of the City, as provided in Ellensburg City Code (ECC) 14.04.020(B) as currently enacted or hereafter adopted. Fees are determined pursuant to Chapter ECC 14.04. (Ord. 2023-010, 2023)
Chapter 12.09 WATER ON ROAD
Sections 12.09.010 Conduct of Water Upon or Across County Roads. 12.09.020 Violation-Penalties. 12.09.030 Damages. 12.09.040 Provisions Supplemental. 12.09.050 Severability.
12.09.010 Conduct of Water Upon or Across County Roads.
No person, firm or corporation shall operate any irrigation system which, in still air, directs water upon or across any county road so as to endanger or impede the road or travel thereon. (Ord. 2023-010, 2023)
12.09.020 Violation-Penalties.
Any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter is subject to penalties and enforcement under Title 18 KCC. (Ord. 2023-010, 2023)
12.09.030 Damages.
In addition to any penalties under 12.01.060, any person, firm or corporation violating the provisions of this chapter shall be responsible in damages to Kittitas County for any reasonable amount necessary to repair, replace, resurface or to otherwise restore such county road as may be affected, to the condition in which said road was prior to violating acts. (Ord. 2023-010, 2023)
12.09.040 Provisions Supplemental.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy of law. (Ord. 2023-010, 2023)
12.09.050 Severability.
If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2023-010, 2023)
Chapter 12.10 VACATION OF COUNTY ROAD
Sections 12.10.010 Vacation. 12.10.020 Resolution. 12.10.030 Freeholder's petition. 12.10.040 Director's report. 12.10.050 Notice of hearing. 12.10.060 Hearing. 12.10.070 Expense of proceeding. 12.10.080 Compensation to county as condition to vacation. 12.10.090 Vacation of roads abutting bodies of water prohibited, exception. 12.10.100 Retention of easement for public utilities and services. 12.10.110 Sale to adjacent land owners.
12.10.010 Vacation.
Vacation of right-of-way is controlled by Chapter 36.87 RCW and the provisions of this chapter. Road vacation procedures may be initiated either by board resolution or freeholder petition. (Ord. 2023-010, 2023)
12.10.020 Resolution.
When a county road or any part thereof is considered useless, the board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the director of public works to report upon such vacation and abandonment. (Ord. 2023-010, 2023)
12.10.030 Freeholder's petition.
Ten freeholders residing in the vicinity of any county road or portion thereof may petition the board to vacate and abandon the same or any portion thereof.
12.10.040 Director's report.
Director's report. In response to the board's direction, the director of public works shall examine any county road or portion thereof proposed to be vacated and abandoned and report to the county on the following:
12.10.050 Notice of hearing.
Notice of hearing upon the report for vacation and abandonment of a county road shall be published by the board at least once a week for two consecutive weeks preceding the date fixed for the hearing in the county official newspaper and a copy of the notice shall be posted for at least twenty days preceding the day fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. Notice of hearing shall also be addressed through the United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of the subject property and mailed not less than twelve days prior to the hearing. (Ord. 2023-010, 2023)
12.10.060 Hearing.
On the day fixed for the hearing, the board shall proceed to consider the report of the director, together with any evidence for any objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the board, by ordinance, may vacate the road or portion thereof. (Ord. 2023-010, 2023)
12.10.070 Expense of proceeding.
If the board determines to vacate the road, one of the conditions for vacation shall be that petitioners pay to the county road fund the itemized costs and expenses detailed in Kittitas County Code Chapter 4.16. Upon payment of these costs and the meeting of any other terms and conditions included in the ordinance granting vacation and entered into its minutes, the road or portion thereof shall be considered vacated. (Ord. 2023-010, 2023)
12.10.080 Compensation to county as condition to vacation.
The board in its ordinance of vacation may require persons benefiting from the vacation of county roads to pay Kittitas County for the appraised fair market value of the property vacated. Such compensation shall be one of the conditions precedent to the actual vacation of the county road right-of-way. Pursuant to RCW 36.87.110 the board may separately classify county roads for which no public expenditures have been made in the acquisition, improvement or maintenance of the same, according to the nature of the county's property interest in the road, and determine compensation to the county, if any. (Ord. 2023-010, 2023)
12.10.090 Vacation of roads abutting bodies of water prohibited, exception.
No county road or part thereof shall be vacated which abuts on a body of fresh water unless the purpose of 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 uses. (Ord. 2023-010, 2023)
12.10.100 Retention of easement for public utilities and services.
Whenever a county road or any portion thereof is vacated, the board may include in the ordinance authorizing the vacation, a provision that the county retain an easement in respect to the vacated land for the construction, repair, maintenance of public utilities and services which at the time the ordinance is adopted are authorized or are physically located in a portion of the land being vacated; provided, that the board shall not convey such easement to any public utility or other entity or person but may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as used in this section shall include utilities owned, operated, or maintained by every gas company, electrical company, communications company, telephone company, telegraph company, water company and sewer company whether or not such company is privately owned or owned by a governmental entity. (Ord. 2023-010, 2023)
12.10.110 Sale to adjacent land owners.
The benefiting property owners will each be offered one half of the vacated road and/or road right-of-way adjacent to their property. If one of the benefiting property owners does not wish to purchase the one-half portion of the road or road right-of-way adjacent to his/her property then the other benefiting property owner(s) shall be entitled to purchase that portion of the road and/or road right-of-way. If the property is not purchased by adjacent property owner(s), then said vacation shall be automatically voided. (Ord. 2023-010, 2023)
Chapter 12.11 RIGHT-OF-WAY ACQUISITION AND MAINTENANCE
Sections 12.11.010 Acquisition generally. 12.11.020 Preliminary activities. 12.11.030 Appraisal methods and procedures - Review. 12.11.040 Just compensation for property - Establishment procedure. 12.11.050 Purchase - Additional requirements - Unsuccessful negotiation. 12.11.060 Donation - Additional requirements. 12.11.070 Eminent domain proceedings - Board of county commissioners authority. 12.11.080 Disposition of salvageable items - County engineer responsibility. 12.11.090 Relocation assistance. 12.11.100 Funds available from government agencies - Compliance with agency guidelines required.
12.11.010 Acquisition generally.
12.11.020 Preliminary activities.
12.11.030 Appraisal methods and procedures - Review.
In the case of acquisition by other than donation, the following procedures shall apply:
12.11.040 Just compensation for property - Establishment procedure.
12.11.050 Purchase - Additional requirements - Unsuccessful negotiation.
Upon establishment of just compensation for all parcels that are to be purchased on any one project or complete segment thereof, the county engineer shall:
12.11.060 Donation - Additional requirements.
Upon completion of the right-of-way maps and other items of work together with the board of county commissioners' approval all as set forth in Section 12.11.020 the county engineer shall:
12.11.070 Eminent domain proceedings - Board of county commissioners authority.
Should the board of county commissioners determine that acquisition through eminent domain proceedings is necessary to acquire one or more parcels, the board shall adopt a resolution initiating such proceedings in accordance with statute. (Ord. 2023-010, 2023)
12.11.080 Disposition of salvageable items - County engineer responsibility.
The disposition of all salvageable items acquired with property shall be accounted for by the county engineer. (Ord. 2023-010, 2023)
12.11.090 Relocation assistance.
The county engineer shall review the right-of-way maps and the parcels to be acquired to determine whether or not any individual, family, business, nonprofit organization or farm operation would be displaced and:
12.11.100 Funds available from government agencies - Compliance with agency guidelines required.
Should funds be available to Kittitas County for use from government agencies other than the Federal Highways Administration, Kittitas County will follow those particular requirements to comply with the guidelines of that particular government agency providing those funds. (Ord. 2023-010, 2023)
Chapter 12.12 ROADWAY, BRIDGE, AND STORMWATER CONSTRUCTION
Sections Article I. Policy Statement 12.12.01.010 Policy statement. Article II. Personnel and Duties 12.12.02.010 County director of public works. 12.12.02.020 Appraiser. 12.12.02.030 Real property agent. Article III. Federal Aid Requirement Checklist 12.12.03.010 Utilization. 12.12.03.020 Real property must be appraised before initiation of negotiations with owner. 12.12.03.030 Owners must be given opportunity to accompany each appraiser during inspection of property. 12.12.03.040 Acquiring agency must establish just compensation before initiation of negotiations with owners. 12.12.03.050 No increase or decrease in fair market value due to project except physical deterioration to be considered in valuation of property. 12.12.03.060 Appraisals not to give consideration nor include allowance for relocation assistance benefits. 12.12.03.070 Owner not to be left with uneconomic remnant that acquiring agency did not offer to acquire. 12.12.03.080 Owner to be given written statement of amount established as just compensation, summary of basis for amount of just compensation and, where appropriate, just compensation for real property acquired, and damages to be separately stated in written statement. 12.12.03.090 No owner shall be required to surrender possession before agreed purchase price has been paid or approved amount of compensation has been paid into court. 12.12.03.100 All displaced persons must be given ninety-day notice in advance of date required to move. 12.12.03.110 Rental amount charged to owners and/or tenants permitted to occupy property subsequent to acquisition must not exceed fair market rental value to short-term occupant. 12.12.03.120 No action must be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel agreement on price to be paid for property. 12.12.03.130 Acquiring county must acquire equal interest in all buildings, etc., located upon real property acquired. 12.12.03.140 Acquiring county must pay recording fees, transfer taxes, etc., penalty costs for prepayment of a preexisting mortgage and pro rata share of real property taxes paid subsequent to vesting title in acquiring county. 12.12.03.150 No property owner can voluntarily donate property prior to being informed of right to receive just compensation. 12.12.03.160 Provisions made for rodent control. 12.12.03.170 No owner intentionally required to institute legal proceedings to prove fact of taking real property. 12.12.03.180 Use of federal aid project number.
Article I. Policy Statement
12.12.01.010 Policy statement.
Article II. Personnel and Duties
12.12.02.010 County director of public works.
The county director of public works:
12.12.02.020 Appraiser.
The county utilizes the services of the county assessor and their staff, or retains private appraisers to prepare appraisals and for review of said appraisals; research market data to assure up to date information on the real estate market and provide court testimony on appraisals for condemnation, if required. (Ord. 2023-010, 2023)
12.12.02.030 Real property agent.
The real property agent:
Article III. Federal Aid Requirement Checklist
12.12.03.010 Utilization.
Utilization. The following federal aid requirement checklist shall be utilized in acquiring property for the county. (Ord. 2023-010, 2023)
12.12.03.020 Real property must be appraised before initiation of negotiations with owner.
Property acquired by the county for public works projects will be appraised by a qualified staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner. (Ord. 2023-010, 2023)
12.12.03.030 Owners must be given opportunity to accompany each appraiser during inspection of property.
The county appraiser will contact the owner and extend an invitation for the owner to accompany the appraiser during their inspection of the property. Appointment should be made at the owner's convenience. (Ord. 2023-010, 2023)
12.12.03.040 Acquiring agency must establish just compensation before initiation of negotiations with owners.
The county will establish just compensation from the review appraiser's estimate of value before negotiating with any owner. Any amounts paid over just compensation for the property will be an administrative settlement and will be so documented in the acquisition file as to the justification used in arriving at the amount of the settlement. However, in an administrative or stipulated settlement, payment will not be made by the person who determined the settlement. (Ord. 2023-010, 2023)
12.12.03.050 No increase or decrease in fair market value due to project except physical deterioration to be considered in valuation of property.
No increase or decrease in fair market value due to project, except physical deterioration is to be considered in valuation of property. During the appraisal process, the county will not consider any factors of the project that will influence the valuation of the property except physical deterioration wherever appropriate. (Ord. 2023-010, 2023)
12.12.03.060 Appraisals not to give consideration nor include allowance for relocation assistance benefits.
The county will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be acquired. (Ord. 2023-010, 2023)
12.12.03.070 Owner not to be left with uneconomic remnant that acquiring agency did not offer to acquire.
Pursuant to RCW 8.26.180, paragraph 9, the county during acquisition of a portion of the owner's property will not leave an uneconomic remnant without offering to acquire the entire property from owner. (Ord. 2023-010, 2023)
12.12.03.080 Owner to be given written statement of amount established as just compensation, summary of basis for amount of just compensation and, where appropriate, just compensation for real property acquired, and damages to be separately stated in written statement.
The county will give to the owner at the initiation of negotiation a written statement known as the "fair offer letter." That statement will be the amount of just compensation based on a review and analysis of appraisal(s) made by a qualified appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be identification of the real property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will show that portion of just compensation considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the county will give to the owner an acquisition brochure furnished by the Washington State Department of Transportation. (Ord. 2023-010, 2023)
12.12.03.090 No owner shall be required to surrender possession before agreed purchase price has been paid or approved amount of compensation has been paid into court.
The county will not require the owner or tenant to surrender possession of the property before ninety days after the agreed purchase price has been paid or the approved amount of compensation has been paid into court. The ninety-day notice may be reduced only in the event the property being acquired is unimproved, contains no personal property and is not being utilized by the owner or tenant. (Ord. 2023-010, 2023)
12.12.03.100 All displaced persons must be given ninety-day notice in advance of date required to move.
The county will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service. (Ord. 2023-010, 2023)
12.12.03.110 Rental amount charged to owners and/or tenants permitted to occupy property subsequent to acquisition must not exceed fair market rental value to short-term occupant.
Rental amounts charged to owners and tenants occupying the property subsequent to acquisition will not be in excess of the fair rental amount of a short-term occupant. (Ord. 2023-010, 2023)
12.12.03.120 No action must be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel agreement on price to be paid for property.
Every reasonable effort will be made to acquire expeditiously real property by negotiations without exercising the right of Eminent Domain. No action will be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property. (Ord. 2023-010, 2023)
12.12.03.130 Acquiring county must acquire equal interest in all buildings, etc., located upon real property acquired.
When any interest in real property is acquired, at least an equal interest will be acquired in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from such real property or which will be adversely affected by the future use of such real property. (Ord. 2023-010, 2023)
12.12.03.140 Acquiring county must pay recording fees, transfer taxes, etc., penalty costs for prepayment of a preexisting mortgage and pro rata share of real property taxes paid subsequent to vesting title in acquiring county.
The county will comply with RCW 8.26.200 and will pay direct or reimburse the owner for expenses necessarily incurred in the acquisition for:
12.12.03.150 No property owner can voluntarily donate property prior to being informed of right to receive just compensation.
A donation or gift of real property will be accepted only after the owner has been fully informed of his right to receive just compensation. (Ord. 2023-010, 2023)
12.12.03.160 Provisions made for rodent control.
If rodent control should become necessary in the project, the county will make provisions to maintain control or eradicate the rodents. (Ord. 2023-010, 2023)
12.12.03.170 No owner intentionally required to institute legal proceedings to prove fact of taking real property.
No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property. (Ord. 2023-010, 2023)
12.12.03.180 Use of federal aid project number.
The county, to promote more convenient administration of federal aid projects, will require that right-of-way plans, contracts, deeds, appraisals, options, vouchers, correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the federal aid project number for ready identification. (Ord. 2023-010, 2023)
Chapter 12.13 FRANCHISING
Sections 12.13.010 Applicability. 12.13.020 Rights of grantee. 12.13.030 Bond of grantee. 12.13.040 Approval of plans and specifications - Supervision. 12.13.050 Application for permit - Inspection and supervision expenses. 12.13.060 Commencement of work. 12.13.070 Quality of work – Safety precautions. 12.13.080 Restoration. 12.13.090 County held harmless. 12.13.100 Damage to grantee's installation. 12.13.110 Underground facilities. 12.13.120 Work by county. 12.13.130 Improvement of county roads. 12.13.140 Installation of county utilities. 12.13.150 Vacation of streets - City incorporation. 12.13.160 Condemnation. 12.13.170 Non-exclusivity - Work not to interfere - Prior utilities' preference. 12.13.180 Successors in interest. 12.13.190 Independent contractors. 12.13.200 Revocation of franchise. 12.13.210 Amendments to chapter. 12.13.220 Acceptance by grantee.
12.13.010 Applicability.
The terms and conditions set out in this chapter are terms and conditions of any franchise to use the roads, streets, avenues, highways, alleys, rights-of-way or other county properties hereafter granted by the county to any individual or municipal or private corporation engaged in the public service or utility business, unless and except to the extent that such ordinance or resolution granting such franchise expressly provides terms or conditions contrary to those contained in this chapter. (Ord. 2023-010, 2023)
12.13.020 Rights of grantee.
The grantee shall have the right and authority, to the extent expressed in the resolution of the board of county commissioners granting such franchise, or in any supplemental document, to enter upon the streets, avenues, alleys, roads, highways, rights-of-way and public places designated by such franchise for the purpose of construction work, extension of existing systems, connection of such systems with consumers' pipelines, cables, lines or equipment, repairing of equipment and in all fashions maintaining and operating the improvements installed within such county property. (Ord. 2023-010, 2023)
12.13.030 Bond of grantee.
Before undertaking any of the work or improvements authorized by the franchise, the grantee, if other than a municipal corporation, shall furnish to the county a bond, executed by grantee and a corporate surety authorized to do a surety business in the state, in a sum to be recommended by the director of public works and set and approved by the board of county commissioners as sufficient to insure performance of the grantee’s obligations under such franchise, and conditioned that the grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of the grantee's obligations under said franchise, and to reset or replace any defective work performed or materials installed by or under the direction of the grantee, its/his employees or contractors, discovered in the replacement of the county's roads, rights-of-way or other county properties within a period of two years from the date of the replacement and acceptance of such repaired roads, rights-of-way or other county properties by the county. The bond requirement may be met by surety bonds of a continuing nature in effect as of August 1, 1982 or that may thereafter come into effect. (Ord. 2023-010, 2023)
12.13.040 Approval of plans and specifications - Supervision.
The grantee shall install the pipes, poles, lines, cables or other authorized improvements in the designated streets, avenues, alleys, roads, highways, rights-of-way or other public places pursuant to plans and specifications approved by the county director of public works and under supervision provided by the county at the expense of such grantee, whenever the grantee's inspection services are determined by the county to be inadequate. (Ord. 2023-010, 2023)
12.13.050 Application for permit - Inspection and supervision expenses.
12.13.060 Commencement of work.
The grantee, its/his successors or assigns, shall commence construction under such permit granted by the director of public works within the time period stated in such permit and shall have completed and have in operation such portion of the system of improvements as may be specified in such permit or the rights therein conferred upon the grantee shall cease and terminate insofar as unoccupied streets, roads, etc., are concerned. (Ord. 2023-010, 2023)
12.13.070 Quality of work – Safety precautions.
All work done under the franchise shall be done in a thorough and workmanlike manner. In the laying of underground pipelines and cables and the construction of other facilities and the opening of trenches, the tunneling under county roads, rights-of-way or other county properties, the grantee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same so that damage or injury shall not occur or arise by reason of such work; and where any of such trenches, ditches or tunnels are left open at night, the grantee shall place warning lights and barricades at such a position as to give adequate warning of such work. (Ord. 2023-010, 2023)
12.13.080 Restoration.
12.13.090 County held harmless.
The grantee, its/his successors or assigns, shall protect, indemnify and save harmless the county, its agents and employees, from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any construction, the presence of any material or equipment, the operation of or the occupation of the rights-of-way or other county properties by the grantee or for any claims on account of the existence of any excavation, temporary turnouts or the operation by the grantee of its/his lines over or under the streets, avenues, alleys, roads, highways, rights-of-way or other county properties as hereinafter designated, or for any other acts or omissions on the part of grantee, and in case that suit or action is brought against the county, its agents or employees, for damage arising out of or by reason of any of the above-mentioned causes, the grantee, its/his successors or assigns, will, upon notice to it or him of the commencement of said action, defend the same at its or his sole cost and expense and in case judgment shall be rendered against Kittitas County, its agents or employees, in such suit or action, will fully satisfy the judgment within ninety days after the suit or action has been finally determined, if determined adversely to the county, its agents or employees. Acceptance by the county of any work performed by the grantee at the time of completion shall not be a ground for avoidance of this hold harmless agreement. (Ord. 2023-010, 2023)
12.13.100 Damage to grantee's installation.
In consideration of the granting of such franchise by the grantor to the grantee, the grantee, for itself/himself and its/his assigns, shall contract and agree to save the county harmless from any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or other county property. This paragraph shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to grantee or third parties by grantor in the maintenance and/or construction work performed by grantor upon the roadways described herein and which would not have occurred but for the presence on the roadways of the grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or loss is caused by the sole negligence of the grantor. (Ord. 2023-010, 2023)
12.13.110 Underground facilities.
The grantee, as far as practicable, shall construct all new utility facilities underground. Extension of overhead facilities following streets, avenues, roadways, boulevards or thoroughfares shall be undertaken only with the approval of the director of public works; provided, however, that approval shall not be unreasonably withheld. Grantee recognizes the desirability of underground facilities rather than overhead facilities and shall convert existing overhead facilities to underground facilities as and when equipment replacement is undertaken, or when other existing overhead utilities are placed underground, unless such replacement is unsafe, impractical, or economically unreasonable. Line extension policies and procedures established by the grantee, and uniformly applied through its service area, shall be the standard in determining what is "practical, impractical or economically unreasonable" under this chapter; provided, that no new overhead utility facilities shall be constructed or established in any area set aside for public park, school, playground or athletic purposes. (Ord. 2023-010, 2023)
12.13.120 Work by county.
The laying, construction, maintenance and operation of the system of improvements granted under the franchise shall not preclude the county, its agents or its contractors from blasting, grading or doing other necessary road work in a reasonably careful and prudent manner contiguous to the grantee's improvement; provided, that the grantee shall be given a minimum two business days' prior notice, in writing, signed by the director of public works of the blasting or excavating in order that the grantee may protect it/his lines and property. (Ord. 2023-010, 2023)
12.13.130 Improvement of county roads.
If at any time the county deems it advisable to improve any of its streets, avenues, alleys, roads, highways, rights-of-way or other county properties as hereinbefore designated, by grading, re-grading, surfacing or paving same, or altering, changing, repairing or improving same, the grantee upon written notice by the county shall, at its/his own expense, as soon as reasonably practicable, so raise, lower or move its/his lines or improvements to conform to such new grades as may be established, or place the property in such locations or positions as shall cause the least interference with any such improvements or work thereon as contemplated by the county and the county shall in no wise be held liable for any damage to the grantee that may occur by reason of the county improvements, repairs or maintenance performed in a reasonably careful and prudent manner, or by the exercise of any rights so reserved in this section or grant. If the county shall improve such streets, avenues, alleys, roads, highways, rights-of-way or other county properties, the grantee shall on written notice by county officials, at its/his own expense, replace such pipes, lines or system as may be in or through the improved sub-grade of such improvement, with such materials as shall conform to or exceed the applicable standards of the industry for use in such streets, avenues, roads, highways, rights-of-way or other county properties. (Ord. 2023-010, 2023)
12.13.140 Installation of county utilities.
If at any time the county installs a line of pipes for sewage and/or drainage upon any of the streets, avenues, alleys, roads, highways, rights-of-way or other county properties herein described, wherein a grantee's facilities unreasonably interfere with the construction project, the grantee, upon written notice by the director of public works, shall temporarily remove or relocate its/his line of pipes or improvements at its/his own expense during the installation and replace same at its/his own sole cost and expense under the supervision of the county. (Ord. 2023-010, 2023)
12.13.150 Vacation of streets - City incorporation.
12.13.160 Condemnation.
The granting of any franchise shall not preclude the county from acquiring by purchase or condemnation any or all of the improvements installed by the grantee within the franchises. (Ord. 2023-010, 2023)
12.13.170 Non-exclusivity - Work not to interfere - Prior utilities' preference.
12.13.180 Successors in interest.
12.13.190 Independent contractors.
The obligations imposed upon the grantee by the express terms of the resolution granting such franchise, or implied by the terms of the ordinance codified in this chapter or any other ordinance affecting the same, include every employee, nominee or independent contractor of the grantee performing work in the county streets, avenues, alleys, roads, highways, rights-of-way or other county properties under contract, direction, request or authority of the grantee under this franchise, and the grantee, its/his agent, employee or independent contractor, severally, shall be responsible to the county for any injury or damage to county property or the expense incurred or suffered by the county in correcting defects in work replacing county roads or other improvements damaged by the acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 2023-010, 2023)
12.13.200 Revocation of franchise.
If the grantee, its/his successors or assigns, through willful or unreasonable neglect, fail to heed or comply with any notice given the grantee under the provisions of such grant, then the said grantee, its/his successors or assigns, shall forfeit all rights conferred thereunder and such franchise may be revoked or annulled by the board of county commissioners of the county upon thirty days' written notice thereof to the grantee. (Ord. 2023-010, 2023)
12.13.210 Amendments to chapter.
12.13.220 Acceptance by grantee.
If within thirty days of the granting of such franchise, the grantee shall have failed to sign its/his written acceptance of same, then the granted rights and privileges therein shall be deemed forfeited and declared null and void. (Ord. 2023-010, 2023)
Chapter 12.14 ISSUANCE OF PERMITS TO PERFORM WORK ON COUNTY RIGHT-OF-WAY
Sections Article I. Provisions Generally 12.14.01.010 Ownership responsibility. 12.14.01.020 Acquiring permits. 12.14.01.030 Cost of restoration and repair. 12.14.01.040 Adoption. Article II. Accommodation of Utilities on County Road Right-of-Way 12.14.02.010 Purpose. 12.14.02.020 Application. 12.14.02.030 Definition of terms. 12.14.02.040 General conditions and requirements – Location. 12.14.02.050 General conditions and requirements - Design - General. 12.14.02.060 General conditions and requirements - Standards and codes. 12.14.02.070 General conditions and requirements - Adjustment and relocation of existing facilities. 12.14.02.080 Permits - General requirements. 12.14.02.090 Permits - Specific requirements. 12.14.02.100 Underground utilities - Location and alignment. 12.14.02.110 Underground utilities - Cover. 12.14.02.120 Underground utilities - Encasement. 12.14.02.130 Underground utilities - Uncased carriers. 12.14.02.140 Underground utilities - Appurtenances. 12.14.02.150 Underground utilities - Installation. 12.14.02.160 Underground utilities - One call system. 12.14.02.170 Overhead utilities - Power and communication lines. 12.14.02.180 Aesthetic/scenic considerations. 12.14.02.190 Installations on roadway bridges and structures. 12.14.02.200 Preservation, restoration and cleanup. 12.14.02.210 Traffic control and public safety. 12.14.02.220 Emergency repairs.
Article I. Provisions Generally
12.14.01.010 Ownership responsibility.
The entity benefited by the construction, whether it be a private party, a public utility, a municipal entity or a service district, is solely responsible for the construction, maintenance, restoration, repair, installation and ownership of any of their facilities located within the county road rights-of-way. Agreements between any vendor of services and their vendees should reflect this understanding. (Ord. 2023-010, 2023)
12.14.01.020 Acquiring permits.
The public utility, municipal entity or service district providing requested service is solely responsible for acquiring all the necessary permits and approvals prior to locating facilities within the county rights-of-way and compliance with all the terms and conditions stipulated in the permit. No permits to install facilities in county right-of-way will be issued to private individuals or legal persons or entities for services that are provided by public utilities, municipal entities or service districts. (Ord. 2023-010, 2023)
12.14.01.030 Cost of restoration and repair.
The cost of restoration and repair will be the sole responsibility of the entity benefited by the construction whether it be a public utility, a municipal entity or a service district providing the service. (Ord. 2023-010, 2023)
12.14.01.040 Adoption.
Chapter 136-40 WAC and any subsequent amendments thereto is hereby adopted and the provisions contained therein shall be applicable to all franchises and permits issued pursuant to Chapters 36.55, 80.32, and 80.36 RCW, to all public and private utilities including but not limited to electric power, telephone, telegraph, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar lines that are to be located, adjusted or relocated with the rights-of-way of county roads.
Nothing in this chapter shall be construed as limiting the rights of Kittitas County to impose restrictions or requirements in addition to and/or deviations from those stated in Chapter 136-40 WAC in a franchise or permit where Kittitas County deems it advisable to do so. (Ord. 2023-010, 2023)
Article II. Accommodation of Utilities on County Road Right-of-Way
12.14.02.010 Purpose.
The purpose of this chapter is to establish a county policy to provide administrative and procedural guidance needed to accommodate the installation and relocation of all above and below ground utilities which are located within the county road right-of-way. (Ord. 2023-010, 2023)
12.14.02.020 Application.
This policy shall apply to all new franchises and permits issued pursuant to RCW 80.32.010, RCW 80.36.040, and Chapter 36.55 RCW, to all public and private utilities, and to all installation and relocation of utilities within the county road right-of-way, including but not limited to electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables.
This policy cannot address all situations and conditions that may be encountered. Specific provisions contained herein may not be appropriate for all locations and existing conditions. The policy is intended to assist, but not substitute for, competent work by both road and utility design and installation professionals. This policy is not intended to limit any innovative or creative effort which could result in better quality, better cost savings or improved safety characteristics.
It shall be the responsibility of any utility installing or relocating any of its facilities to ascertain and abide by the requirements and conditions of this policy. (Ord. 2023-010, 2023)
12.14.02.030 Definition of terms.
Unless otherwise stated, words and phrases used herein shall have the following meanings:
12.14.02.040 General conditions and requirements – Location.
12.14.02.050 General conditions and requirements - Design - General.
12.14.02.060 General conditions and requirements - Standards and codes.
All utility installations shall be designed in accordance with the standards, codes and regulations applicable to the type of utility. The methods of installation and materials used shall conform to the codes and standards promulgated by government and by the industry. This shall also include any road design standards which the county shall deem necessary to provide adequate protection to the road, its safe operation, appearance and maintenance. (Ord. 2023-010, 2023)
12.14.02.070 General conditions and requirements - Adjustment and relocation of existing facilities.
12.14.02.080 Permits - General requirements.
For work not authorized by franchise, comprehensive plan, or other agreement, a written permit may be required for occupancy of road right-of-way by all utility facilities, including private lines. No facility shall be used for other than the purpose stated, unless written approval is granted by the county. (Ord. 2023-010, 2023)
12.14.02.090 Permits - Specific requirements.
When required, permit applications shall be submitted in a standard format as prescribed by the county. The permit application shall include the following information:
12.14.02.100 Underground utilities - Location and alignment.
12.14.02.110 Underground utilities - Cover.
The grade of and resulting cover for an underground utility shall be in compliance with applicable federal, state and county requirements unless otherwise specified. (Ord. 2023-010, 2023)
12.14.02.120 Underground utilities - Encasement.
12.14.02.130 Underground utilities - Uncased carriers.
12.14.02.140 Underground utilities - Appurtenances.
12.14.02.150 Underground utilities - Installation.
Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise provided in the approved permit, be in accordance with the following controls:
12.14.02.160 Underground utilities - One call system.
All owners of underground facilities shall comply with Title 19 RCW, Chapter 19.122 RCW, RCW 19.122.010 through 19.122.900 (Washington State One Call System or Dig Law). (Ord. 2023-010, 2023)
12.14.02.170 Overhead utilities - Power and communication lines.
12.14.02.180 Aesthetic/scenic considerations.
12.14.02.190 Installations on roadway bridges and structures.
Attachment of utility lines to a roadway structure (including bridges) may be allowed where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:
12.14.02.200 Preservation, restoration and cleanup.
12.14.02.210 Traffic control and public safety.
12.14.02.220 Emergency repairs.