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Home My WebLink About5143ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTC~, AMENDING CHAPTER 12.20 ENTITLED "DRIVEWAYS" CONTAINED IN TITLE 12 ENTITLED ~STREETS, SIDEWALKS, AND PUBLIC WORKS" TO REQUIRE THAT DRIVEWAY CONSTRUCTION CONFORM TO STANDARDS IN THE MANUAL ENTITLED "CITY OF AUBURN DESIGN AND CONSTRUCTION STANDARDS", TO MODIFY THE MAXIMUM DRIVEWAY WIDTH REQUIREMENTS, TO MODIFY REQUIREMENTS FOR THE NUMBER OF DRIVEWAYS PERMITTED AND TO ADD THE FOLLOWING NEW SECTION: SECTION 12.20.015 ADOPTING BY REFERENCE CHAPTER 47.50 RCW ENTITLED "HIGHWAY ACCESS MANAGEMENT" ~ ANY AMENDMENTS OR ADDITIONS THERETO ~ WAC 468-51, RULES ADOPTED PURSUANT TO AUTHORITY PROVIDED UNDER RCW 47.50, ~ ANY AMENDMENTS OR ADDITIONS THERETO AND DIRECTING THE CITY CLERK TO MAINTAIN COPIES THEREOF. WHEREAS, it is in the public interest to modify the present ordinances to reflect current City policy for driveway construction and width requirements described in the ~City of Auburn Design and Construction Standards".; and WHEREAS, present location described it is in the public interest to modify the ordinances to reflect current City policy for of driveways on parcels with multiple frontages in the "City of Auburn Design and Construction Standards"; and Ordinance No. 5143 October 28, 1998 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the State of Washington and its legislature have adopted laws for the regulation and control ,Df vehicular access and connection points of ingress and egr,ass from the state highway system; and WHEREAS, the state incorporated areas of the highway system runs within City of Auburn, Washington; and WHEREAS, the City Council deems it to be in the public interest to adopt by reference the state statute, Chapter 47.50 RCW entitled "Highway Access Management" and any amendments or additions thereto and WAC 468-51, rules adopted pursuant to authority under Chapter 47.50 RCW, and any amendments or additions thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 12.20 of the Auburn City Code entitled "Driveways" contained in Title 12 entitled "Streets, Sidewalks and Public Works" is amended as set forth in the attached Exhibit "A" which is by this reference made a part hereof as though fully set ~orth herein. Section 2. The City clerk is hereby directed to maintain file copies of Chapter 47.50 RCW and WAC 468-51, together with any future amendments or additions thereto, for the review and inspection of the public. Copies of Chapter 47.50 RCW and WAC Ordinance No. 5143 October 28, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 468-51 are attached hereto and marked as Exhibits "B" and "C", respectively, and incorporated by this reference as fully hereby as if set forth herein in full. Section 3. The Mayor is such administrative procedures as may out the directions of this legislation. Section 4. This Ordinance shall force five (5) days from and after its publication, as provided by law. authorized to implement be necessary to carry take effect and be in passage, approval and INTRODUCED: November 2, 1998 PASSED: November 2, 1!)98 APPROVED: November 2, 1!)98 MAYOR ATTEST: Danielle E. Daskam, City Clerk ~ROVED A~ T~ FORM: Michael J. Reynolds, City Attorney Published: ///~/~ ~ Ordinance No. 5143 October 28, 1998 Page 3 Chapter 12.20 DRIVEWAYS Sections: 12.20.010 12.20.020 12.20.030 12.20.040 12.20.050 12.29.053 Chapter application. Supervisory personnel. Permit - Required - Fees. Construction standards generally. Width. Frcntcgc. 12.20.056 12.29.955 Ma×im'_'m ~Number of driveways. 12.020.057 12.20.060 12.20.057 Arterial ingress and egress - Engineering division __ _approval required. Violation - Penalty. 12.20.010 Chapter application. The provisions of this chapter shall apply to all persons who construct or cause to be constructed a driveway on a public street, avenue or thoroughfare within the city. (1957 code 8.14.010.) 12.20.015 Hklhway Access Manaqement - Administrative Process Chapter RCW 47.50 entitled "Hiqhway Access Manapement" and any amendments or additions thereto and WAC 468-51, rules adopted pursuant to authority under Chapter_ RCW, and any amendments or additions thereto are hereby adopted bv reference. codifies the procedural requirements of RCW 47.50. 12.20.020 Supervisory personnel. The building and construction of any and all sidewalks and driveways on any public street, avenue or thoroughfare within the city limits shall be under the direction of thE; city engineer, or other such person or persons as the city council may designate. (1957 code 8.14.020.) 12.20.030 Permit - Required - Fees. Any owner desiring to construct a driveway on a public street, avenue or thoroughfare shall first obtain a sidewalk permit from the building department. If the driveway is to be constructed together with a sidewalk, then no additional permit fee shall be charged. If the driveway is to be constructed where there is an existing sidewalk or curb, then the permit fee shall be $1.00. If the driveway is to be constructed where there is no sidewalk or curb, then the permit fee shall be $2.00. (1957 code 8.14.050.) F~chibit "A" Ordinance No. 5143 12.20.040 Construction standards generally. In general the construction of driveways shall conform to the standards of sidewalk construction as set forth in the "City of Auburn Design and Construction Standards" ~':--"-+'-- ~'~ ~ .~'C r- ..... ~...~.; ........... :.~. :. ..... ,.....~...~ ,..~ ........ :......, excccc:';c tc c!Ic';;: f'--'tu;c ...... alk,_Where excessive grade exists, as determined by the city engineer, an asphalt driveway is permitted. Construction details shall conform to the city's standards_. '~--+'-~'--'~ "~' ":..~.;~-;* "^" ......... , ........... _. The city engineer may require additional thickness, reinforcement, strengthening of subgrade or other means of providing a stronger driveway when he deems it necessary.~_._.~--~ _v.'~n'~v I , ~.v,~75; ~.~v,°:'~ c"'%~_ ~.! ~,.030.) 12.20.050 Width. Unless deviation is granted by the Public Works ctrcct e_Comm ttee of the e_City e_Counc~, the ........ ,qg _width_se shall be inconformance with the "City of Auburn Design and Construction Standards" and the "City of Auburn Construction Detads .................... 12.20.055 ,M2×!m'.'m nNumber of driveways. The m"×imum number of driveways per average residential, industrial and commercial lots shall be ..... n conformance with the "City of Auburn Design and Construction Standards".. rn,,~ '~o~ ~, ~n~ ~ 12.20.057 Arterial ingress and egress - Engineering division approval required. For all commercial and industrial building permits or remodel applications where ingress and egress is to an arterial street, location of driveways shall be reviewed and approved by the engineering division per ."City of Auburn Design and Construction Standards". ~n.,~ 3~ 5, .~no'~ ~ 12.20.060 Violation - Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 3, 1991; 1957 code 8.14.060.) (©1997 Code Publishing, Inc. - Rev. ].296) Closing Highways and Restricting Traffic 47.48.020 47.48.020 Notice of closure or restriction-- ~rgency closure. Before any state highway, county road, r city street is closed to, or the maximum speed limit o reon reduced for, all vehicles or any class of vehicles, a ootico thereof including the effective date shall be published in one issue of a newspaper of general circulation in the county or city or town in which such state highway, county road, or city street or any portion thereof to be closed is located; and a like notice shall be posted on or prior to the dale of publication of such notice in a conspicuous place at each end of the state highway, county road, or city street or portion thereof to be closed or restricted: PROVIDED, That no such state highway, county road, or city street or portion thereof may be closed sooner than three days after the publication and the posting of the notice herein provided for: pROVIDED, HOWEVER, That in cases of emergency or conditions in which the maximum time the cIosure will be in effect is twelve hours or less the proper officers may, without publication or delay, close state highways, county roads, and city streets temporarily by posting notices at each end of the closed portion thereof and at all intersecting state highways if the closing be of a portion of a state highway, al all intersecting state highways and county roads if the closing be a portion of a county road, and at all intersecting oily streets if the closing be of a city street. In all emergen- cy cases or conditions in which the maximum time the closure will be in effect is twelve hours or less, as herein provided, the orders of the proper authorities shall be immediately effective. [1982 c 145 § 5; 1977 ex.s. c 216 § 2:1961 c 13 § 47.48.020. Prior: 1937 c 53 § 66, part; RRS § 6400-66, part; prior: 1921 c 21 § 2, part; RRS § 6840, part. Formerly RCW 47.48.020 and 47.48.030.] 47.48,031 Emergency closures by state patrol. (1) Whenever the chief or another officer of the state patrol determines on the basis of a traffic investigation that an emergency exists or less than safe road conditions exist due to human-caused or natural disasters or extreme weather conditions upon any state highway, or any part thereof, state patrol officers may determine and declare closures and temporarily reroute traffic from any such affected highway. (2) Any alteration of vehicular traffic on any state highway due to closure in emergency conditions is effective until such alteration has been approved or altered by the secretary of transportation or other department of transportation authorities in their local respective jurisdic- tions. (3) All state highway closures by officers of the state patrol shall be immediately reported to the secretary of transportation and to other authorities in their local jurisdic- tions. [1981 c 197 § 1.] 47.48,040 Penalty. When any state highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm or corporation disregarding such cIosing or reduced speed limit shall be guilty of a misde- meanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit. [1977 ex.s. o 216 § 3; 1961 c 13 § 47.48.040. Prior: 1937 c 53 § 67; RRS § 6400-67; prior: 1921 c 21 § 3; RRS § 6841.] 47.48.050 Transportation of radioactive or hazard- ous cargo---Definition--Violation, penalty. The chief or other officer of the Washington state patrol may prohibit the transportation of placarded radioactive or hazardous cargo over the highways of the state, or a portion thereof, if weather or other conditions create a substantial risk to public safety. For the purposes of this seotion hazardous cargo shall mean hazardous materials as defined in RCW 70.136.020(1). Violation of an order issued under this section constitutes a misdemeanor. 11983 c 205 § 1.] Regulations on notice of prohibition on radioactive or hazardous cargo: RCW 47.01.270. Chapter 47.50 HIGHWAY ACCESS MANAGEMENT Sections 47.50.010 Findings--Access. 47.50.020 Definitions--Access. 47.50.030 Regulating connections. 47.50.040 Access permits. 47.50.050 Permit fee. 47.50.060 Permit review process. 47.50.070 Permit conditions. 47.50,080 Permit removal. 47.50.090 Access management standards. 47.50.010 Findings~Access. (1) The legislature finds that: (a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote tlhe safe and efficient movement of people and goods within the state; (b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the prolifera- tion of connections and other access approaches to and from the state highway system. Without such a program, the health, safety, and welfare of the residents of this state are at risk, due to the fact that uncontrol:led access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and (c) The development of an access management program in accordance with this chapter will enhance the develop- ment of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth management goals of the state; reduce highway maintenance costs and the necessity for costly traffic operations measures; lengthen the effective life of transportation facilities in the tl998 Ed.) Exhibit "B", Ordinance No. 5143 [Title 47 RCW--page 139] 47.50.010 Title 47 RCW: Public Highways and Transportation state, thus preserving the public investment in such facilities; and shorten response time for emergency vehicles. (2) In furtherance of these findings, all state highways are hereby declared to be controlled access facilities as defined in RCW 47.50.020, except those highways that are defined as limited access facilities in chapter 47.52 RCW. (3) It is the policy of the legislature that: (a) The access rights of an owner of property abutting the state highway system are subordinate to the public's right and interest in a safe and efficient highway system; and (b) Every owner of property which abuts a state highway has a right to reasonable access to that highway, unless such access has been acquired pursuant to chapter 47.52 RCW, but may not have the right of a particular means of access. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access can be provided to another public road which abuts the property. (4) The legislature declares that it is the purpose of this chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section. (5) Nothing in this chapter shall affect the right to full compensation under section 16, Article I of the state Consti- tution. [1991 c 202 § 1.] Captions not law--1991 c 202: "Section captions and pan headings ax used in this act do not constitute any pan of the law." [1991 c 202 § 22.] This act consists of chapter 47.50 RCW and RCW 70,94,521 through 70.94.551. Effective date----1991 c 202: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July I, 199I." [1991 c 202 § 24.] Severability--1991 c 202: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 202 § 25.] 47.50.020 Definitions--Access. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Controlled access facility" means a transportation facility to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity. (2) "Connection" means approaches, driveways, turn- outs, or other means of providing for the right of access to or from controlled access facilities on the state highway system. (3) "Permitting authority" means the department for connections in unincorporated areas or a city or town within incorporated areas which are authorized to regulate access to state highways pursuant to chapter 47.24 RCW. [1991 c 202 § 2.] Captions not law--Effective date.~Severabtllty--1991 c 202: See notes following RCW 47.50.010. 47,50.030 Regulating connections. (1) Vehicular access and connections to or from the state highway system shall be regulated by the permitting authority in accordance [Title 47 RCW~age 140] with the provisions of this chapter in order to protect the public health, safety, and welfare. (2) The department shall by July 1, 1992, adopt admin. istrative procedures pursuant to chapter 3.~..05 RCW which establish state highway access standards and rules for its issuance and modification of access permits, closing of un- permitted connections, revocation of permits, and waiver provisions in accordance with this chapter. The department shall consult with the a~sociafion of Washington cities and obtain concurrence of the city design standards committee as established by RCW 35.78.030 in the development and adoption of rules for access standards for city streets designated as state highways under chapter 47.24 RCW. (3) Cities and towns shall, no later than July 1, 1993, adopt standards for access permitting on streets designated as state highways which meet or exceed the department's standards, provided that such standards may not be inconsis- tent with standards adopted by the department. [1991 c 202 § 33 Captions not law--Effective date---Severability--1991 c 202: See notes following RCW 47.50.010. 47.50.040 Access permits. (1) Nc, connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action. A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs or alters the connection in accordance with the permit re- quirements. (2) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations which are not required by law or administrative nde, but are made at the request of and for the convenience of the permitting authority. The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to increased or altered traffic flows generated by changes in the permittee's facilities or nature of business conducted at the location specified in the permit. (3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropri- ate permitting authority which shall have the right to install barriers across or remove the connection. Wben the permit- ting authority determines that a connection is unpermitted and subject to closure, it shall provide reasonable notice of its impending action to the owner of property served by the connection. The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule. [1991 c 202 § 4.] Captions not law--Effective date--Severability--1991 c 202: S~ notes following RCW 47.50.010. 47.50.050 Permit fee. The department shall establish by rule a schedule of fees for permit applications made to the department. The fee shall be nonrefundable and shall be used only to offset the costs of administering the access permit review process and the costs associated with adminis- tering the provisions of this chapter. [1991 c 202 § 5.] Captions not law--Effective date~Severability--1991 c 202: gee notes following RCW 47.50.010. (1998 ~,) Highway Access 47.50.060 Permit review process. The review process for access permit applications made by the depart- ment shall be as follows: Any person seeking an access permit shall file an application with the department. The department by rule shall estabfish application form and content requirements. The fee required by RCW 47.50.050 must accompany the applications. [1991 c 202 § 6.] Captions not law--Effective date~Severability--1991 c 202: See notes following RCW 47.50.010. 47.50.070 Permit conditions. The permitting authori- ty may issue a permit subject to any conditions necessary to carry out the provisions of this chapter, including, but not limited to, requiring the use of a joint-use connection. The permitting authority may revoke a permit if the applicant fails to comply with the conditions upon which the issuance of the permit was predicated. [1991 c 202 § 7.] Captions not law--Effective date---SeverabiUty--1991 c 202: See holes following RCW 47.50.010. 47.50.080 Permit removal. (1) Unpermitted connec- tions to the state highway system in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety. However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040. (2) Access permits granted prior to adoption of the permitting authorities' standards shall remain valid until modified or revoked. Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991. The permitting authority may, after written notification, under rules adopted in accordance with RCW 47.50.030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection. (3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state. Every nonconform- ing access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of future alternative means of access for which access permits can be obtained. [1991 c 202 § 8.] Captions not law--Effective date---Severability--1991 c 202: See notes following RCW a7.50.010. 47.50.090 Access management standards. (1) The department shall develop, adopt, and maintain an access control classification system for all routes on the state highway system, the purpose of which shall be to provide for the implementation and continuing applications of the provision of this chapter. Management 47.50.060 (2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of access to state highways. (3) The control classification system shall be developed consistent with the following: (a) The department shall, no later than January 1, 1993, adopt rules setting forth procedures governing the implemen- tation of the access control classification system required by this chapter. The rule shall provide for input from the entities described in (b) of this subsection as well as for public meetings to discuss the access control classification system. Nothing in this chapter shall affect the validity of the department's existing or subsequently adopted rules concerning access to the state highway system. Such rules shall remain in effect until repealed or replaced by the rules required by this chapter. (b) The access control classification system shall be developed in cooperation with counties, cities and towns, the department of community, trade, and economic development, regional transportation planning organizations, and other local governmental entities, and four city streets designated as state highways pursuant to chapter 47.24 RCW, adopted with the concurrence of the city design standards committee. (c) The rule required by this section shall provide that assignment of a road segment to a specific access category be made in consideration of the i%llowing criteria: (i) Local land use plans and zoning, as set forth in comprehensive plans; (ii) The current functional classification as well as potential future functional classification of each road on the state highway system; (iii) Existing and projected traffic volumes; (iv) Existing and projected state, local, and metropolitan planning organization transportation plans and needs; (v) Drainage requirements; (vi) The character of lands adjoining the highway; (vii) The type and volume of traffic requiring access; (viii) Other operational aspect!; of access; (ix) The availability of reasonable access by way of county roads and city streets to a state highway; and (x) The cumulative effect of existing and projected connections on the state highway system's ability to provide for the safe and efficient movement of people and goods within the state. (d) Access management standm'ds shall include, but not be limited to, connection location standards, safety factors, design and construction standards, desired levels of service, traffic control devices, and effectlive maintenance of the roads. The standards shall also contain minimum require- ments for the spacing of connections, intersecting streets, roads, and highways. (e) An access control category shall be assigned to each segment of the state highway system by July 1, 1993. [1995 c 399 § 124; 1991 c 202 § 9.] Captions not law--Effective date~Severabllity--1991 c 202: See note~ following RCW 47.50.010. (1998 F~d) [Title 47 RCW--page 141] Citation/Title WAC 468-51-010, Purpose. *57467 Wash. Admin. Code s 468-51-010 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 3 Current with amendments adopted through 3-4-98 468-51-010 Purpose. This chapter is adopted to implement chapter 47.50 RCW for the regulation and control of vehicular access and connection points of ingress to, and egress from, the state highway system within unincorporated areas under the jurisdiction of the Washington state department of transportation. This chapter describes the connection permit application process and procedures, including a preapplication conceptual review process, and requirements for closure of unpermitted and nonconforming connections to the state highway system. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-010, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Exhibit "C", Ordinance No. 5143 Citation/Title WAC 468-51-020, Definitions. *57468 Wash. Admin. Code s 468-51-020 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 9 468-51-020 Definitions. Current with amendments adopted through 3-4-98 For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise: (1) "Application" means an application form supplied by the department and completed by the applicant, a certified check or money order for the required application fee, and related property site, driveway, roadway, and traffic information. (2) "Average weekday vehicle trip ends (AWDVTE)" means the estimated total of all trips entering plus all trips leaving the applicant's site based on the final stage of proposed development. (3) "Conforming connection" means a connection that meets current department location, spacing, and design criteria. (4) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system. (5) "Connection category" means a permit category of all state highway connections, in accordance with the type of property served and the estimated traffic generated by the applicant's site based on rates accepted by the department (6) "Connection permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use and specific: volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant's property. The actual form used for this authorization will be determined by the department. (7) "Controlled access facility" means a transportation facility (excluding limited access facilities ets defined in chapter 47.52 RCW) to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such manner as may be determined by the governmental entity. (8) "Department" means the Washington state department of transportation. *57469 (9) "Development approval" means an official action by a governmental land use planning authority authorizing the developer or land owner to begin construction of any permanent improvements on the property. (10) "Governmental entity" means, for the purpose of this chapter, a unit of local government or officially designated Copyright (c) West Group 1998 No claim to original U.S. Govt. works WAC 468-51-020, Definitions. Page 10 transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities. (11) "Joint use connection" means a single connection point that serves as a connection to more than one property or development, including those in different ownerships or in which access rights are provided in the legal descriptions. (12) "Limited access facility" means a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view or air by reason of the fact that their property abuts upon such limited access faciility, or for any other reason to accomplish the purpose of a limited access facility. (13) "Median" means the portion of a divided highway or divided connection separating vehicular traffic traveling in opposite directions; not including speed change lanes, storage lanes for left turning or U-turning vehicles, or two way left turn lanes. (14) "Median opening" means either a full opening in a continuous median for the specific purpose of allowing vehicles to make a left turn maneuver into or out of a property abutting the highway, to facilitate U-turns, or to allow for a vehicle to totally cross the road, or a directional opening allowing for left turn maneuvers into the property and U-turn maneuvers, but not allowing for left turns or cross movements out of the property. (15) "Nonconforming connection" means a connection not meeting current department location, spacing, or design criteria. (16) "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control devices on or to the department's right of way. (17) "Permitting authority" means the department or any county, municipality, or transportation authority authorized to regulate access to their respective transportation systems. *57470 (18) "Right of way (R/W)" means a general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has establiished ownership by prescriptive right pursuant to RCW 47.04.040, or lands that have been dedicated for public transportation purposes. (19) "Shoulder" means the portion of the highway contiguous with the traveled lanes for the accommodation of stopped vehicles for emergency use, and for lateral support of base and surface courses and for other uses as allowed by law. (20) "State highway system" means all roads, streets, and highways designated as state routes pursuant to chapter 47.17 RCW. (21) "Temporary connection" means a permitted connection for a specific property use, conditioned[ to be open for a specific purpose and traffic volume for a specific period of time with the right of way to be restored by the permittee to its original condition upon connection closure. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-020, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-030, General provisions. *57471 Wash. Admin. Code s 468-51-030 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 1 Current with amendments adopted through 3-4-98 468-51~030 General provisions. (1) When connection permits required. Every owner of property which abuts a state highway where limited access rights have not been acquired has a right to reasonable access, but may not have the right to a particular means of access, to the state highway system. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access to the state highway can be provided by way of another public road which abuts the property. All new connections including alterations and improvements to existing connections to state highways shall require a connection permit. Such permits, if issued, shall be issued only after issuance of development approval where such approval is required, unless other interagency coordination procedures are in effect. The alteration or closure of any existing access connection caused by changes to the character, intensity of development, or use of the property served by the connection or the construction of any new access connection shall not be initiated prior to obtaining a connection permit from the department. Use of a new connection at the location specified in the permit is not authorized until the permittee constructs or modifies the connection in accordance with the permit requirements. Ifa property owner or permittee holding a valid connection permit wishes to change the character, use, or intensity of the property or development served by the connection, the department must be contacted to determine whether a new connection permit would be required. (2) Responsibility for other approvals. Connection permits authorize construction improvements to be built by the permittee on department right of way. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required, including satisfaction of all environmental regulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity from the applicant's property to the state highway right of way if the applicant's property does not abut the right of way. *57472 (3) Early consultation. In order to expedite the overall permit review process, the applicant is strongly encouraged to consult with the department prior to and during the local government subdivision, rezoning, site plan, or any other applicable predevelopment review process for which a connection permit will be required. The purpose of the consultation shall be to determine the permit category and to obtain a conceptual review of the development site plan and proposed access connections to the state highway system with respect to department connection location, quantity, spacing, and design standards. Such consultation will assist the developer in minimizing problems and delays during the permit application process and could eliminate the need for costly changes to site plans when unpermittable connection proposals are identified early in the planning phase. Thc conceptual review process is further detailed in WAC 468-51-050. (4) Cost of construction. (a) Permittee. The cost of construction or modification ora connection shall be the responsibility of the permittee, including the cost of modification of any connection required as a result of changes in property site use in accordance with WAC Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 2 WAC 468-51-030, General provisions. 468-51-110. (b) Department. Existing permitted connections impacted by the department's work program and which, in the consideration of the department, necessitate modification, relocation, or replacement in order to meet current department connection location, quantity, spacing, and design standards, shall be modified, relocated, or replaced in kind by the department at no cost to the permittee. The cost of further enhancements or modification to the altered, relocated, or replaced connections desired by the permittee shall be the responsibility of the permittee. (5) Department responsibility. The department has the responsibility to issue permits and authority to approve, disapprove, and revoke such permits, and to close connections, with cause. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468~51-030, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-040, Connection categories. *57473 Wash. Admin. Code s 468-51-040 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 11 Current with amendments adopted through 3-4-98 468-51-040 Connection categories. All connections, public or private shall be determined by the department to be in one of the following categories: (1) "Category I - minimum connection" provides connection to the state highway system for up to ten single family residences, a duplex, or a small multi-family complex of up to ten dwelling units, which use a common connection. The category shall also apply to permanent connections to agricultural and forest lands, including field entrances; connections for the operation, maintenance, and repair of utilities; and connections serving other low volume traffic generators expected to have an average weekday vehicle trip ends (AWDVTE) of one hundred or less. (2) "Category II - minor connection" provides connection to the state highway system for medium volume traffic generators expected to have an AWDVTE of one thousand five hundred or less, but not included in Category I. (3) "Category III - major connection" provides connection to the state highway system for high volume traffic generators expected to have an AWDVTE exceeding one thousand five hundred. (4) "Category IV - temporary connection" provides a temporary, time limited, connection to the state highway system for a specific property for a specific use with a specific traffic volume. Such uses include, but are not limited to, logging, forest land clearing, temporary agricultural uses, temporary construction, and temporary emergency access. The department reserves the right to remove any temporary connection at its sole discretion and at the expense of the property owner after the expiration of the permit. Further, a temporary connection permit does not bind the department, in any way, to the future issuance ora permanent connection permit at the temporary connection location. (5) "Nonconforming connection" designation may be issued for Category I through IV permits after an analysis and determination by the department that a conforming connection cannot be made and a finding that the denial of a connection would leave the property without a reasonable means of access to the public road system. In such instances, the permit shall be noted as nonconforming and contain specific restrictions and provisions, including limits on the maximum vehicular use of the connection, the future availability of alternate means of access for which a conforming connection permit could be obtained, the removal of the nonconforming connection at the time the conforming access is available, and other conditions as necessary to carry out the provisions of chapter 47.50 RCW. *57474 (6) "Median opening" includes openings requested for both new connections and for existing connections. New median openings proposed as part of a new driveway connection shall be reviewed as part of the permit application review process. Request for the construction of new median openings to serve existing permitted connections shall require a reevaluation of the location, quantity, design of existing connection, and traffic at the existing connections. The property owner Copyright (c) West Group 1998 No claim to original U.S. Govt. works WAC 468-51-040, Connection categories. Page 12 must file a new connection permit application, for the proper connection category, showing the new proposed median opening location and design and its relationship to the existing or modified driveway connections. Nothing contained herein shall be construed to prohibit the department from closing an existing median opening where operational or safety reasons require the action. Statutory Authority: RCW 47.01.I01 and chapter 47.50 RCW. 92-14-044, § 468-51-040, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-050, Conceptual review. ~'57475 Wash. Admin. Code s 468-51-050 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 8 Current with amendments adopted through 3-4-98 468-51-050 Conceptual review. Prior to filing a connection permit application and prior to receipt of development approval, all permit applicants, but in particular those applying for Category II and Category III connections, are strongly encouraged to request, in writing, a conceptual review of the site plan and proposed connection locations with the department and other local governmental agencies as appropriate. The purpose of the conceptual review is to expedite the overall review process by establishing the permit category, number, type, and general location of connection~ to the property early in the planning stages of a proposed development or a proposed significant change in property site use, or to determine that the connection as requested cannot be permitted. The conceptual review does not constitute final department approval of the location and design of the connection. If deemed appropriate, especially on the more complex proposals, the department shall establish the date for a conceptual review meeting to be held ~vithin two weeks of the receipt of the written request unless a later date is requested by the applicant. Ifa meeting is scheduled, representatives of the local governmental land use planning authority will be invited to attend. Within four weeks following the conceptual review meeting, or receipt of the request if no meeting is scheduled, the department will provide the applicant written notice of the department's conceptual review findings, provided all needed information to complete the review has been received from the applicant. These findings are nonbinding on the department and the developer. Additional detailed information received during the application process, changes in the proposed development, or changes in the existing or planned operational characteristics of the state highway system may necessitate modifications of the connections agreed to in the conceptual approval. The conceptual review findings can be used by the developer in the site plan review/approval process with the local government having jurisdiction over the development as indicating coordination of connection location, quantity, and design with the department and of preliminary department findings on the proposed connections. *57476 Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-050, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-060, Application requirements and procedures. *57477 Wash. Admin. Code s 468-51-060 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHV~AY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 5 Current with amendments adopted through 3-4-98 468-51-060 Application requirements and procedures. This rule shall be used where the department is the permitting authority. Where the local governmental entity is the permitting authority, the applicable procedures of the local governmental entity must be followed. (1) Connection permit application and information. The appropriate application form and the application information are available from the designated local department offices. An application shall consist of the above form; application fee, as specified in WAC 468-51-070; plans; traffic data; and connection information specified in this section. All connection and roadway design documents for Category II and III permits shall bear the seal and signature of a professional engineer, registered in accordance with chapter 18.43 RCW. (2) Information required - all permits. The following information is required of all applicants for all permit categories, unless the department determines that specific information will not be required on individual applications. Additional information required of Category II, III, and IV permit applications is specified in this chapter. In all cases it would be prudent, prior to submittal of the application, for the applicant to inquire of the department whether the application needs additional information. The department reserves the right to request clarification or additional information during the application review process. Failure to provide the requested information within the time limits specified in the request shall result in withdrawal of the permit application. (a) Identification and signature of property owner and applicant. The current complete names, mailing addresses, and telephone numbers of the property owner(s), the developer(s), the applicant, the transportation and legal consultants representing the applicant (if any), and the local government representative(s) responsible for processing the developmenfs approval shall be provided as part of the application~ If the property owner desires to have a representative sign the application, a notarized letter of authorization from the applicant is to be provided with the application. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished. The names of all individuals signing the application and their titles shall be typed or printed directly below the signature. *57478 (b) Property uses and traffic information. The ultimate planned property uses shall be indicated in sufficient detail to determine the appropriate permit classification. Estimated average weekday vehicle trip ends to be generated by the development, based on the planned property use, consistent with the latest trip generation information published by the Institute of Transportation Engineers, Washington, D.C., shall be included as appropriate. If local or special trip generation rates are used, the latest and best information shall be used and all documentation for the rate development shall be submitted with the application. For residential developments with ten or fewer units, ten trips per day per unit may be assumed. The requirement for an average weekday vehicle trip ends estimate may be waived for agricultural uses where no retail marketing is proposed. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 6 WAC 468-51-060, Application requirements and procedures. (c) Site plan. The application shall include a plan to scale, or a schematic drawing showing critical dimensions (allowable on Category I permits only), the location of the property, and existing conditions and the character and extent of work proposed. The location of existing and proposed on-site development with respect to the existing and proposed driveway location(s) and the highway shall be shown. Minimum information on the plan shall include: (i) Road information. · State route number. · County or local road name. · Highway pavement type. · Cross section. · Posted speed limit. · The existence and location of any existing and/or future proposed public or private road abutting or entering the property; the horizontal and vertical curvature of the road(s) noting the location of existing and proposed connections and any other pertinent information. (ii) Proper~y information. · Location of all existing and proposed buildings, and other structures, such as gasoline pumps, lights, trees, etc., with respect to the existing and proposed property and right of way lines. · Any adjacent properties that are owned or controlled by the applicant, or in which the applicant has a financial interest, and indicate whether these properties will be accessed by means of the proposed connection(s). · The application shall include a boundary survey. The requirement for a boundary survey may be waived for Category 1 connections, at the discretion of the department. *57479. Any existing or proposed parcels segregated from the applicant's property for separate development also shall be clearly designated on the plan. (iii) Connection location information. · The proposed connection milepost and highway engineer's station, if available. · Location of the highway centerline with respect to existing and proposed property lines. · Distance of proposed public or private access connection to intersecting roads, streets, railroads. · Existing or proposed median openings (crossovers) and connections on all sides of the state highway and other roads within six hundred sixty feet of the proposed connection location in urban areas and one thousand three hundred twenty feet in nonurban (rural) areas. · Location of existing or proposed public or private retaining walls, fences, poles, sidewalks, bike paths, drainage structures Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 7 WAC 468-51-060, Application requirements and procedures. and easements, traffic control devices, fire hydrants, utilities, or other physical features, such as trees, landscaping, green belts, and wetlands, that could affect driveway location. · It shall be the responsibility of the applicant to physically identify the location of the proposed connection at the proposed site· (iv) Connection design information. · Proposed connection and approach improvements including its profile approaching the state highway, width, radii, angle to the highway, auxiliary pavement. · Existing and proposed grading (or contouring that affects the natural drainage pattern or runoff impacting the state highway and the proposed connection). · Drainage calculations and other pertinent data. · Driveway, auxiliary lanes and crossover pavement design, including subgrade, base, surface materials, and thicknesses. · Specific requirements for design information on individual Category I permit applications may be relaxed, or waived, at the discretion of the department. (v) Joint driveway use. · If the driveway is to serve more than one property, the plan shall detail information for all properties using the connection and the application shall include copies of legally enforceable agreements of concurrence for all property owners on joint driveway usage· · Joint driveway use serving adjoining properties is encouraged on all highways and may be required on some highways, pursuant to rules adopted by the department. *57480 (3) Additional information required, Category II and Category III permits. The following is a list of additional information that may be required for each phase of the development from the applicant. Prior to the submittal of the application, the applicant shall coordinate with the appropriate designated local office of the department on the level of detail and the analysis techniques to be used. (a) Circulation plans. All parking, interior drives, and internal traffic circulation plans. (b) Connection users. All internal and external adjacent parcels which will use the requested connection. All existing and proposed connecting roadways and potential means of alternate access through the final buildout stage of development shall be shown on the plans submitted with the application. (c) Traffic control devices and illumination· Proposed traffic control devices and lighting locations· (d) Sight distance· Analysis of horizontal and vertical sight distance on the state highway with respect to the proposed connection. (e) Traffic data and analysis. Traffic data submitted by the applicant shall be signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW. The following traffic study information may be required: Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 8 WAC 468-51-060, Application requirements and procedures. (i) Turning movements. Vehicle turning movements for present and future traffic conditions. (ii) Volume and type. Amount and type of traffic that will be generated by the proposed development including a breakdown of anticipated peak hour traffic and an analysis of the impact on the level of service on the state highway. (iii) Parking and circulation. Analysis of off-street parking and traffic circulation, including distances to secondary access points on the connection roadway and their impact on the operation of the state highway. (iv) Traffic signal data. Ifa traffic signal is requested, the following studies may be required: Traffic signal warrants; phasing and timing analysis; signal progression analysis; signalization, signing, and lighting plans in conformance with department standards. A separate department traffic signal permit is required. (v) Off-site improvements. A traffic analysis to determine the need for off-site related roadway and geometric improvements and mitigation requirements. (vi) Traffic control plan. A traffic control plan conforming to current department standards set forth in the "Manual on Uniform Traffic Control Devices," documenting how the permittee will provide for safe and efficient movement on the state highway system during the construction of the connection. *57481 (4) Additional information required, Category IV permits. Permit applications must contain the specific dates that the connection is to be open and must contain assurances acceptable to the department that the shoulder, curbing, sidewalks, bikeways, ditch, right of way, and any other amenities will be restored to their original condition at the permittee's expense upon closure of the temporary connection. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-060, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-070, Fees and surety bond. *57482 Wash. Admin. Code s 468-51-070 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 9 Current with amendments adopted through 3-4-98 468-51-070 Fees and surety bond. (1) Fee structure. The following nonrefundable fee structure is established for department application processing, review, and inspection. Full payment of base fees must accompany the permit application. Due to the potential complexity of Category II and Category III connection proposals, and required mitigation measures that may involve construction on the state highway, the department may require a developer agreement in addition to the connection permit. The developer agreement may include, but is not limited to: Plans; specifications; maintenance requirements; bonding requirements; inspection requirements; division of costs by the parties, where applicable; and provisions for payment by the applicant of actual costs incurred by the department in the review and administration of the applicant's proposal that exceed the required base fees in the following schedule: (a) Category I base fees for one connection. (i) Field (agricultural), forest lands, utility operation and maintenance ...................... $ 50 (ii) Residential dwelling units (up to 10) utilizing a single connection point .................. $ 50 per dwelling unit (iii) Other, with 100 AWDVTE or less ......... $ 500 (iv) Fee per additional connection point ....... $ 50 (b) Category II base fees for one connection. (i) Less than 1,000 A~VTE .............. $1,000 (ii) 1,000 to 1,500 AWDVTE .............. $1,500 (iii) Fee per additional connection point ...... $ 250 (c) Category III base fees for one connection. (i) 1,500 to 2,500 AWDVTE .............. $2,500 (ii) Over 2,500 AWDVTE ................ $4,000 *57482 (iii} Fee per additional connection point ...... $1,000 (d) Category IV base fee per connection ....... $ 100 (2) Surety bond. Prior to the beginning of construction of any Category II or Category III connection, the department may require the permittee to provide a surety bond as specified in WAC 468-34-020(3). Statutory Authority: RCW 47.01.101 and chapter 47.50 RC%V. 92-14-044, § 468-51-070, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-080, Application submittal, review, conditions. *57484 Wash. Admin. Code s 468-51-080 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 5 Current with amendments adopted through 3-4-98 468-51-080 Application submittal, review, conditions. (1) Application submittal. The application shall be submitted to the designated local department office serving the area. The application shall be properly prepared, clearly completed, and signed. Information on the specific number of copies to be provided and other submittal information is available from the designated local department office. (2) Application review, processing, and approval. Upon receipt of the application, the application shall be reviewed consistent with the provisions of this chapter. If the department identifies errors in the application or if additional information is required, the department will notify the applicant. Applicants must provide such information or correct errors within thirty days of the notification. If the applicant determines that the time to provide additional or corrected information is insufficient, the applicant shall contact the department in writing to request additional time be approved. If the additional or corrected information has not been received by the department within thirty days or the approved time period agreed to, the application will be withdrawn. (a) Review. Upon timely receipt of all required information, or upon expiration of the time period for receipt of additional or corrected information, the location and design of the connection shall be examined for consistency with current department location, quantity, spacing, classifications, and department design standards. The review shall also include an analysis of the impact of the site's existing and projected traffic on the operation and safety of the state highway. (b) Concurrence or denial, notice. If the department concurs in the location and design of the proposed connection, written notification of that concurrence will be sent to the applicant and to the local governmental land use plmaning authority having jurisdiction over the development. If the applicant has gone through the voluntary conceptual review process, the written notice of concurrence will indicate whether or not there have been any changes in the number, location, or design of the connection required by the department. No construction may commence on the department's right of way until all necessary department and local governmental permits are issued in accordance with (c) of this subsection. If the department does not concur in the connection location, quantity, or design, both the applicant and the local governmental land use planning authority having jurisdiction over the development approval shall be notified, in writing, indicating the department's intent to deny the connection as proposed in the application. The written notification shall state the specific reasons for thc intent to deny the connection, the process for submitting an amended application, and the appeal rights of the applicant. The applicant may submit a revised application within thirty days based on department comments and concerns as stated in the notification. The submittal of a revised application within thirty days shall not require the payment of any additional application fees. Submittal of a revised permit is not a prerequisite for a request for an adjudicative proceeding pursuant to WAC 468-51-150. *57485 (c) Permit issuance. The department shall issue the connection permit after review and concurrence that the application and the location and design of the connection comply with the requirements of this chapter, and after either: Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 6 WAC 468-51-080, Application submittal, review, conditions. (i) The applicant has received development approval from the appropriate local governmental land use planning authority; or (ii) Other interagency coordination procedures in effect are satisfied for development approval by the local governmental land use planning authority. The applicant must be in compliance with the surety bond requirements specified in the permit prior to construction, in accordance with WAC 468-51-070. (d) Request for adjudicative proceedings. In the event of a denial of a connection as proposed in the application, the applicant may apply for an adjudicative proceeding pursuant to WAC 468-51-150. (3) Permit conditions. Any special requirements or provisions for the connection including off-site mitigation shall be clearly and specifically identified as part of the permit. Failure by the applicant or permittee to abide by the permit provisions shall be sufficient cause for the department to initiate action to alter the connection or to revoke the permit and close the connection at the expense of the permittee. The permit requirements shall be binding on the permittee, the permittee's successors, heirs and assigns, the permit application signators, and all future owners and occupants of the property. The applicant may challenge the permit conditions by applying for an adjudicative proceeding pursuant to WAC 468-51-150. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-080, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-090, Construction requirements. *57486 Wash. Admin. Code s 468-51-090 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGItXVAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page Current with amendments adopted through 3-4-98 468-51-090 Construction requirements. (1) Preconstruction conference. The department may require a preconstruction conference prior to any work being performed on the department's right of way. When required by provisions in the permit, the department will schedule a preconstruction conference. The preconstmction conference should be attended by the necessary personnel to assure compliance with the terms and provisions of the permit. (2) Time limit. Substantial construction of the connection shall begin within ninety days of the efl'ective date of the permit, unless a longer time is approved by the department or a time extension is requested by the applicant and approved by the department. Construction shall be completed within one hundred twenty days of the date of issuance of the permit, unless a time extension is approved by the department. As a condition of the permit, the department may further limit construction time, if the department determines that such limitation is warranted. Failure to comply with the time limits specified in the permit shall result in an automatic expiration of the permit following written notification to the permittee. For any permi't which expires for failure to begin construction or to complete construction within the specified time limits, the department may require a new application, including the payment of the required application fee prior to the initiation of any construction. (3) Posting of permit. The approved connection permit shall be displayed in a prominent location, protected from the weather, within the vicinity of the connection construction. (4) Disruption of traffic. All construction and/or maintenance within department right of way shall conform to the provisions of the connection permit, the "Manual on Uniform Traffic Control Devices" (MUTCD); the department's current "Design Manual," and the current "Standard Specifications for Road, Bridge, and Municipal Construction." The department may require or restrict hours of construction to minimize disruption of traffic on the state highway system. If construction activity within the department's right of way causes undue disruption of traffic or creates safety hazards on a state highway, or if the construction activity is not in compliance with the traffic control specifications in the permit, the department shall advise the permittee or the permittee's contractor of the need for immediate corrective action, and may order immediate suspension of all or part of the work if deemed necessary. Failure to comply with this provision may result in permit modification or revocation. *57487 (5) Traffic signals and other traffic control devices. Traffic signals and other traffic control[ devices installed by permittee shall conform to MUTCD and depamnent design and construction standards. The permittee is responsible for securing any state and local permits needed for traffic signalization and regulatory signing and marking. (6) Connection construction inspection. For Category II and Category III connections, the department may require the permittee, the developer, or landowner to provide inspection of construction and certification that connection construction is in accordance with permit provisions and appropriate department standards by a professional engineer, registered in accordance Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 4 WAC 468-51-090, Construction requirements. a~e¢mcnt. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-090, filed 6/24/92, effective 7/25/9'L Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-100, Nonconforming connection permits. *57488 Wash. Admin. Code s 468-51-100 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-: ADMINISTRATIVE PROCESS Page 7 Current with amendments adopted through 3-4-98 468-51-100 Nonconforming connection permits. The department may issue a permit for a connection not meeting department location and spacing criteria standards if it finds that a conforming connection is not attainable at the time of the permit application submittal and that denial would leave the property without a reasonable means of connection to the public road system. The department may issue a connection permit requiring a legally enforceable joint-use connection when determined to be in the best interest of the state for restoring or maintaining the operational efficiency and safety of the state highway. Nonconforming connection peJxnits shall specify conditions or limits including: (1) Traffic volume. Thc maximum vehicular usage of the connection shall be specified in the pernfit. (2) Future alternate access. The permit shall specify that a conforming connection be constructed when future alternate means of access become available, and that the nonconforming connection be removed. (3) Users. The permit shall specify the properties to be served by the connection; and any other conditions as necessary to carry out the provisions of chapter 47.50 RCW. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-100, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-110, Changes in property site use. *57489 Wash. Admin. Code s 468-51-110 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PEI~MITS-- ADMINISTRATIVE PROCESS Page 4 Current with amendments adopted through 3-4-98 468-51-110 Changes in property site use. The connection permit is issued to the permittee for a particular type of land use generating specific projected traffic volumes at the final stage of proposed development. Any changes made in the use, intensity of development, type of traffic, or traffic flow of the property requires the permittee, their assignee, or property owner to contact the department to determine if further analysis is needed to determine if the change is significant and would require a new permit and modifications to the connection. An engineering study, signed and sealed by a professional engineer registered in accordance with chapter 18.43 RCW, may be required to document the extent of the change. If modification of the existing connection is required, based on a significant change as determined by the department, the permittee shall acquire a new permit prior to the initiation of any on-site construction to the connection or to the property. (1) Significant change. A significant change is one that would cause a change in the category of the connection permit or one that causes an operational, safety, or maintenance problem on the state highway system. (2) Notification. Failure to contact the department to determine the need for connection modifications or to apply for a new permit for such modifications prior to initiation of property improvements, land use changes or traffic :flow alteration actions shall result in notification to the property owner of intent to revoke the existing permit and closure of the connection to the property. (3) Costs. The permittee is responsible for all costs associated with connection removal, relocation, or modification caused by increased or altered traffic flows necessitated by changes to facilities, use, or to the nature of the business on the property. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-110, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page 2 Citation/Title WAC 468-51-120, connections. Permit modification, revocation, closure of permitted *57490 Wash. Admin. Code s 468-51-120 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGI-I~VAY COMMISSION, ETC.) CHAPTER 468-51 HIGH'WAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Current with amendments adopted through 3-4-98 468-51-120 Permit modification, revocation, closure of permitted connections. (1) Revocation criteria. All connection permits issued by the department prior to the effective date of this chapter remain valid until revoked. Thc department may initiate action to revoke any permit if significant changes haYe occurred in the use, design, or traffic flow of the property requiring the relocation, alteration, or closure of the connection; if the connection was not constructed at thc location or to the design specified in the permit; or if the permit provisions were not met; or if the connection causes a safety or operational problem on the state highway system. The process to be followed by the~ department in the revocation of permits shall be consistent with the requirements of chapter 34.05 RCW and WAC 468-5;1-150. The notification process is as follows: (a) Notification, correction of deficiencies. The department shall serve notice, in accordance with rules adopted pursuant to chapter 34.05 RCW, to the permittee, permittee's successors or assigns, or property owner with a copy to the occupant, for any connection found to be in noncompliance with the conditions of the permit or this chapter. The notice will identify and request that the deficiencies be corrected within thirty days of service of the notice. The notice shall further advise that the department's determination of noncompliance or deficiencies shall become final and conclusive thirty calendar days following service of the notice unless the violations are corrected or an adjudicative proceeding pursuant to chapter 34.05 RCgr and WAC 468-51-150 is requested by the permittee, permittee's successor or assigns, or the property owner. (2) Costs. The permittee, assignee, or property owner shall be responsible for the costs of closure clue to revocation ora connection permit pursuant to WAC 468-51-120. (3) Emergency action. This chapter shall not restrict the department's right to take immediate remedial action, including the closure of a connection if there is an immediate and serious danger to the public health, safety, and welfare, pursuant to chapter 47.32 RCW. In such event, the department shall conform to the provisions for emergency adjudicative proceedings in RCW 34.05.479 and rules adopted thereunder. *57491 Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-120, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-130, Closure of unpermitted connections. *57492 Wash. Admin. Code s 468-51-130 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 10 Current with amendments adopted through 3-4-98 468-51-130 Closure of unpermitted connections. Closure criteria, permit requirements. Any unpermitted connections to the state highway system which were in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide connection to the state highway system, unless the property owner had received written notification initiating connection closure from the department prior to July 1, 1990, or unless the department determines that the unpermitted connection does not meet minimum acceptable standards of highway safety. The department may require that a permit be obtained ifa significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. Ifa permit is not obtained, the department may initiate action to close the unpermitted connection point pursuant to RCW 47.50.040. Any unpermitted connection opened subsequent to July 1, 1990, is subject to closure by the depamnent. The process to be followed by the department in the closure of an unpermitted connection shall be consistent with chapter 34.05 RCW and rules adopted thereunder. The notification process is as follows: (1) Notification. The department shall serve notice, in accordance with rules adopted pursuant to chapter 34.05 RCW, upon the property owner ora connection to a state highway which is found by the department to be unpermi~ted. This notice shall clearly describe the highway connection violation and shall establish a thirty-day time limit for either applying for a connection permit or requesting an adjudicative proceeding pursuant to chapter 34.05 RCW. The sole issue to be determined at the adjudicative proceeding is whether a permit should be required. The notice will further advise the property owner that failure to act in either of the prescribed ways within the time period will result in department closure of the unpermitted connection. (2) Permit application. Ifa permit application is filed within the thirty days, and the application is denied, the department shall notify the property owner of the denial. The property owner may then proceed with the permit application revision process set forth in WAC 468-51-080 or request an adjudicative proceeding pursuant to WAC 468-51 - 150 within thirty days. Failure to act in either of those prescribed ways within the time period set forth in the rules will result in department closure of the unpermitted connection. If the location and design of the connection in the permit application are acceptable to the department, the existing connection may continue to be used for a specified period of time or until the connection specified in the permit application is constructed. *57493 (3) Approval conditions. Modifications, relocation, or closure ofunpermitted connections may be required by the department as a requirement of permit approval, subject to the adjudicative proceedings provisions of WAC 468-51-150. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-130, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-140, Department construction projects. *57494 Wash. Admin. Code s 468-51-140 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHXVAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 11 Current with amendments adopted through 3-4-98 468-51-140 Department construction projects. During construction of department projects, connections will be provided as replacements for existing approved permitted connections, that are consistent with all current department spacing, location, and design standards, based on the following conditions: (1) Nonconforming connections. All nonconforming connections will be examined to determine if the construction project will require relocation, alteration, or closure of the connection to make it conforming. (2) Application of current standards. The number and location of connections shall be modified to the maximum extent possible to meet current department spacing, location, and design standards. Where current departmen~I standards cannot be met, the connection shall be classified as nonconforming. (3) New connections, modifications. The department shall allow new or require modification of existing connections ifa connection permit application is made and approved. (4) Replacement of existing connections. When connections are made as part of a department construction project replacing existing connection points without material differences, no additional permit shall be required. (5) New connections--Cost The construction of new connection points, if approved by the department, shall be done at the owner's expense by either the department's contractor as part of the roadway improvement or by the owner's contractor at the department's option. (6) Modifications--Cost If the modification of the connection point is more extensive than the routine replacement of an existing connection, the owner shall also participate in the differential cost. (7) Work by permittee's contractor. The department shall require that work done by the owner's contractor be accomplished at the completion of the department's contract or be scheduled so as not to interfere with the department's contractor. The department may require a surety bond prior to construction of the connection in accordance with WAC 468-51-070. *57495 Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-140, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title WAC 468-51-150, Adjudicative proceedings. *57496 Wash. Admin. Code s 468-51-150 WASHINGTON ADMINISTRATIVE CODE TITLE 468. TRANSPORTATION, DEPARTMENT OF (FORMERLY: HIGHWAY COMMISSION, ETC.) CHAPTER 468-51 HIGHYVAY ACCESS MANAGEMENT ACCESS PERMITS-- ADMINISTRATIVE PROCESS Page 1 Current with amendments adopted through 3-4-98 468-51-150 Adjudicative proceedings. (1) Application. Any person who is the recipient or otherwise has standing to challenge the denial ora permit application pursuant to WAC 468-51-080; a permit with conditions pursuant to WAC 468-51-080; a notice of permit modification, revocation, or closure of permitted connection pursuant to WAC 468-5 l-120; or notice of closure of art unpermitted connection pursuant to WAC 468-51-130 may apply for an adjudicative proceeding on the matter pursuant to chapter 34.05 RCW and rules adopted thereunder within thirty days of the date the initial determination of the department is mailed to the recipient. (2) Conduct. Thereafter, and within the times set forth by chapter 34.05 RCW, the department shah convene an adjudicative proceeding or a brief adjudicative proceeding as is deemed appropriate by the department. The proceecling shall be conducted pursuant to chapter 34.05 RCW and rules adopted thereunder. (3) Brief adjudicative hearings. The department hereby adopts RCW 34.05.482 through 34.05.494 pertaining to brief adjudicative proceedings for purposes of hearing challenges under the provisions listed in subsection (1) of this section. (4) Failure to apply. Failure to apply for an adjudicative proceeding within the times set forth in subsection (1) of this section shall result in the adoption of the department's initial determination as its final determination. (5) Failure to participate. Failure to attend or otherwise participate in an adjudicative proceeding or brief adjudicative proceeding may result in a finding of default. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, § 468-51-150, filed 6/24/92, effective 7/25/92. Copyright (c) West Group 1998 No claim to original U.S. Govt. works