HomeMy WebLinkAboutCDS_Ordinance_2023 NonDocket Amendments_KCCAeN
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
AGENDA STAFF REPORT
AGENDA DATE: June 20, 2023
ACTION REQUESTED: Adoption by Ordinance of the 2023 Non -Docket Docket Amendments to
Kittitas County Code, Approved by the Board of County Commissioners
BACKGROUND: The County is amending Kittitas County Code through an out -of -docket
cycle procedure required by KCC 15B.04.020 and Table B.
The Kittitas County Planning Commission held a public hearing on May
23, 2023, to consider four proposed amendments to Kittitas County Code
and/or Comprehensive Plan. All four items were recommended for
approval to the Kittitas County Board of Commissioners. All four
amendments are required to meet the implementation schedule for the
interlocal agreement with the City of Ellensburg,
The Kittitas County Board of County Commissioners held an open public
hearing on June 6, 2023. At the public hearing and after deliberation of
the proposed items, the Board of County Commissioners approved all four
(4) of the items. The Commissioners at the hearing directed staff to
prepare enabling documents for the docket items.
INTERACTION: Community Development Services, Public Works, Prosecuting Attorney
and Board of County Commissioners.
RECOMMENDATION: Adopt the Ordinance regarding Kittitas County's 2023 Non -Docket items
as approved by the Board of Commissioners during the public hearing on
June 6, 2023.
ATTACHMENTS: Ordinance with Exhibits A-D
LEAD STAFF: Jamey Ayling, Planning Manager
COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT
Chapter 9.50
PARKS
Sections
9.50.010 Definitions.
9.50.020 Purpose.
9.50.030 Hours.
9.50.040 Park facilities - Liability.
9.50.050 Park facilities - Liability insurance.
9.50.060 Park facilities - Cleanup.
9.50.070 Concessions.
9.50.080 Park misuse.
9.50.090 Motor vehicles - Parking.
9.50.100 Camping - Authorization.
9.50.110 Camping - Occupancy policy.
9.50.115 Swimming in boat launch areas prohibited.
9.50.120 Game fish.
9.50.125 Food fish.
9.50.130 Damage to park property prohibited.
9.50.135 Removal of park property.
9.50.140 Outside household or commercial waste.
9.50.145 Rubbish.
9.50.150 Waste from vehicles.
9.50.155 Dumping in water prohibited.
9.50.160 Solicitation.
9.50.165 Alcoholic beverages - Minors.
9.50.170 Fires.
9.50.175 Area closures.
9.50.180 Violation - Penalty.
9.50.190 City or Ellensourg Park impact Fees adopted within the City's Urban Growth Area.
9.50.010 Definitions.
Whenever used in this title, the following items shall be defined as indicated in this section:
Agreements
Any and all written agreements between � person or persons and the department for the purpose of
specific use of certain department facilities.
Aircraft
Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider,
ultralight, etc.
Alcoholic beverages (or "liquor")
Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all fermented,
spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor or solid or
semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of human consumption, and any liquor,
semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be
conclusively deemed to be intoxicating.
Board
The current and duly elected Kittitas board of county commissioners.
Boat
Any floating device, powered by internal combustion engine or human power, capable of traveling on or
under water.
Camper
A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a
pickup truck with camper, a van -type body, a converted bus, or any similar type vehicle.
Camping
Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit
remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining
overnight. ,
Department
The Kittitas County department of public works.
Director
The director of the Kittitas County department of public works.
Discrimination
Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital
status, or the presence of any sensory, mental or physical handicap.
Drugs
Any mind or mood altering substance which is illegal for consumption.
Facilities
Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County
department of public works.
Facility manager
The duly appointed Kittitas County public works employee serving as a manager of a county park.
Fee
The currently adopted fee schedule for use of Kittitas County park facilities.
Motor vehicle
Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or
property may be transported or drawn, and shall include, but not be limited to, four-wheel drive
vehicles, two -wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they
can legally be operated upon the public highways, whether licensed or unlicensed.
Permit
Any and all permits, licenses, or approvals required by federal or state law, or required by county
ordinance or the Kittitas County public works department.
Person
All natural persons, firms, partnerships, corporations, clubs and all associations or combination of
persons whenever acting for themselves or by an agent, servant, or employee.
Reservation
Any and all written reservations for a person or persons for the purpose of specific use of certain
department facilities.
Tra i I
Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which
is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as
to permit its use by standard passenger automobiles, or other right-of-way specifically designated and
posted for non -vehicular use.
Trailer
A towed vehicle which contains sleeping, housekeeping accommodations or material transporting
capabilities.
Kittitas County park area
Any area under the ownership, management, or control of Kittitas County.
(Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.020 Purpose.
The park playgrounds, passive use areas, special use areas, roads, paths, trails, activity centers and other
park facilities of the department are established by law for public recreation purposes. Public recreation
consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with
or without reservations and permits; or, large group activities planned by groups and brought under the
control of the department when authorized by and conducted under reservation, permit, agreement or
contract with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.030 Hours.
The director of public works shall establish for each Kittitas County park area according to existing
conditions, times and periods when the park area will be open or closed to the public. Such times and
periods shall be posted at the entrance to the Kittitas County park area affected and at the park office.
Park hours are subject to current conditions and may vary by season. Park front gates and offices may be
open during normal business hours but the park area may be closed to public use when so posted. No
person shall enter or be present at a Kittitas County park area after closing time, or when the park area is
closed, except persons camping in a designated camping area who have paid the applicable use fee; or
persons who have a reservation or are associated with the person or persons having a reservation at a
department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.040 Park facilities - Liability.
A person or persons using facilities by reservation or agreement may be required to protect and save
Kitdtas County, its elected and appointed officials and employees while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of action of any kind or
character, including the cost of defense thereof, arising in favor of the persons, employees or third
parties on account of personal injuries, death or damage to property arising out of the premises, or in
any way arising out of the acts or omissions of the person and/or his agents, employees or
representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas
County assumes no liability or responsibility due to accidents or injury through authorized or
unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.050 Park facilities - Liability insurance.
A person or persons using facilities by reservation or agreement may be required to obtain and maintain
during all periods of use public liability insurance acceptable to the county and/or other insurance
necessary to protect the public and the county on premises reserved, with coverage of liability not less
than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence.
The group shall provide a certificate of insurance or an insurance binder prior to the reservation and
upon written request of the county, a duplicate of the policy, as evidence of the insurance protection
provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30
days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.060 Park facilities - Cleanup.
All groups must leave the facility or area in t: condition considered satisfactory to the manager in charge.
No group shall conduct activities causing extra custodial work unless previous arrangements have been
made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work
without previous arrangements may subject the group to mandatory cleanup fees as listed in the
currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.070 Concessions.
Kittitas County reserves all concession rights in county -owned parks. Nonprofit groups and organizations
may sell or arrange for a concessionaire to sell concessions to members of their group or organization
using a park facility and to spectators at that facility; provided, that arrangements and fees to the
department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.080 Park misuse.
The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for
denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.090 Motor vehicles - Parking.
No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such
vehicle in any Kitdtas County park area other than designated motor vehicle parking area, except where
the operator is using the area for a designated recreational purpose and the vehicle is parked either in a
designated parking area for the event, or in another area with the permission of the facility manager. No
person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County
park area after closing time, except when camping in a designated area, or with permission of the
manager. Any vehicle found parked in violation of this section may be towed away at the owner's or
operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.100 Camping - Authorization.
No person shall camp in any Kittitas County park area except when specifically authorized by the facility
manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.110 Camping - Occupancy policy.
Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or
contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09, 1999; Ord.
95-4, 1995).
9.50.115 Swimming in boat launch areas prohibited.
No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the
department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.120 Game fish.
All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of
fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or
possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted with a
sign prohibiting fishing. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.125 Food fish.
All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and
methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in
addition to such laws, the department, upon its finding and for good cause may close certain Kittitas
County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted.
(Ord. 99-09, 1999; Ord, 95-4, 1995).
9.50.130 Damage to park property prohibited.
No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or
crop, standing or growing or which has been cut down, in any Kittitas County park area unless authorized
to do so by the department. No person shall deface, damage or destroy any property, material,
equipment or facility which is under the jurisdiction of the department. (Ord. 99-09, 1999; Ord. 954,
1995).
9.50.135 Removal of park property.
No person shall change the position of or remove any property, material, or equipment from its original
position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09,
1999; Ord. 954, 1995).
9.50.140 Outside household or commercial waste.
No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is
brought as such from any private property, in any Kittitas County park area garbage can or other
receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated
Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.145 Rubbish.
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other
rubbish, in a Kittitas County park area, except in a garbage can or other receptacle designated for such
purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09,
1999; Ord. 95-4, 1995).
9.50,150 Waste from vehicles.
No person shall in any Kittitas County parka rea, drain or dump refuse, oil, gas or waste from any trailer,
camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter
8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.155 Dumping in water prohibited.
No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any
waste or refuse of any nature, kind or description, including human or bodily waste, in any stream, river,
lake or other body of water running in, through or adjacent to any Kittitas County park area. (See
Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4,
1995).
9.50.160 Solicitation.
No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human
consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other
amplifying device in any Kittitas County park area, except by concession contract or by permission by the
department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.165 Alcoholic beverages - Minors.
No person who has not reached his or her twenty-first birthday shall be in possession of or consume of
any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.170 Fires.
Open fires and portable units using flammable material are restricted to designated park areas,
fireplaces, fire rings or grills. (Ord. 9909, 1999; Ord. 95-4, 1995).
9.50.175 Area closures.
Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4,
1995).
9.50.180 Violation - Penalty.
Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and
shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a
county jail for not more than 90 days. In addition, every person failing to comply with any provision of
this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas
County public works director, public works employees, and other law enforcement officers are
authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.190 City of Ellensburg Park Impact Fees adopted within the City's Uroan Urowth Area.
Pursuant to Kittitas County Resolution 2022-013 and consistent with Ellensburg City Code (ECC) Chapter
14.02 Park Impact Fees, Kittitas County agrees to collect park impact fees as described at ECC 14.02.150.
Collection of the park impact fee shall occur when application is made for a building permit: provided
however, fees applicable to a single-family subdivision may be subject to an in -lieu -of fee arrangement at
the preliminary plat stage.
Title 121 ROADS AND BRIDGES*
Chapters
12.01 General Information
12.02 Definitions and Abbreviations
12.03 Roadway Classification
12.04 Road Design Criteria
12.05 Driveway and Accesses
12.06 Storm Water Management Standards
12.07 Bridges and Major Drainage Structures
12.08 Submittal Requirements for Construction Plans
12.09 Public Road Construction Control and Inspection
12.10 Transportation Concurrency Management
12,11 Roadside Features
12.12 Private Roads (moved to Chapter 12.04.070 Private Road Standards)
12.13 Desicin and Construction Standards for Utilit
12.14 Electric_ Vehicle Charging Stations
1215 Water on the Road
12.20 Road -Sanding Policy
12.21 Work on Rights -of -Way
12.22 Vacation of County Roads
12.23 Utility Accommodating Policy
12.24 Uniform Standards for Installation of Buried
12.25 Pit Reclamation
12.28 Road Intersection Illumination Policy
12.32 Renumbered
12.36 Renumbered
12.44 Right-of-way Acquisition and Maintenance
12.48 Right-of-way Acquisition for Promects Involving Federal Funds
1250 Signs Along the Rights -of -Way
12.56 Franchises for Use of Roads and Other County Properties
12.80 Issuance of Permits to Perform Work on County Road Rights -of -Way
12.86 Land Use Developments requiring engineering review in the Urban Growth Area of the city of
Ellensburg not utilizing cijy utilities.
12.87 Land Use Developments requiring engineering review in the Urban Growth Area of the City of
Ellensburg utilizing city utilities.
12.88 Transportation Impact Fees
12.89 Development Agreements
* 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.
Prior ordinance history for 12.01 through 12-13: Ord. 2004-13, 2004, Ord. 99-2 § 3, 1999; Ord. 98. 16, 1998;
Ord. 97-21, 1997; Ord. 96-8, 1996; Ord. 96-22, 1996; Ord. 95-2, 1995; Ord. 94-32, 1994; Ord. 94-27, 1994;
Ord, 94-18, 1994; Ord. 93-17, 1993; Ord. 92-30, 1992; Ord. 82-7 § 1, 1982; Res. DPW-3-80, 1980; Ord. RD-
40-76, 1976; Res. 75-38, 1975; Vol. 1, p. 575, 1975; Res, RD-27-73, 1973; Res. RD-75-71, 1971; Res. RD-16-
71, 1971; Res. RD-55-70, 1970; Res. RD § 15-65, Vol. N, p. 139-140, 1965; Vol. K, p. 177, 1949
Chapter 12.1
GENERAL INFORMATION
Sections
12.01.010 Purpose.
12.01.020 Scope.
12.01.030 Applicability.
12.01.040 Amendments and Revisions.
12.01.050 Enforcement and Responsibility.
12.01.060 Review and Approval.
12.01.070 Interpretation.
12.01.080 Relationship to Other Standards.
12.01.090 Responsibility to Provide Roadway Improvements.
12.01.095 General Requirements.
12.01.100 General References.
12.01.110 Primary Design and Construction Reference Documents.
12.01.120 Other Specifications.
12.01.130 Variances (Departures from the Standards) and Appeals.
12.01.135 Repealed
12.01.140 Authority of the Public Works Director.
12.01.150 Performance Guarantees.
12.01.160 New County Roads.
12.01.170 Joint Review.
12.01.010 Purpose.
Kittitas County has adopted these Road Standards to:
1. Set forth specific and consistent road design elements for developers and other private
parties constructing or modifying road or right-of-way facilities which require County
approvals;
2. Establish uniform criteria to guide the County's own construction of new County roads
or reconstruction of existing roads; and
3. Support Kittitas County's goals for achieving affordable housing, providing adequate
facilities for development in an efficient manner and to balance these goals with the
general safety and mobility needs of the traveling public.
In adopting the Road Standards, the County has sought to encourage standardization of road design
elements where necessary for consistency and to assure, so far as practical, that the motoring,
bicycling, equestrian and pedestrian public safety needs are met. Considerations include safety,
convenience, pleasant appearance, proper drainage and economical maintenance. The County's
permitting and licensing activities require the adoption of specific, identifiable standards to guide
private individuals and entities in the administrative process of securing the necessary County
approval. The County must have flexibility to carry out its general duty to provide streets, roads and
highways for the diverse and changing needs of the traveling public. Accordingly, these standards
are not intended to represent the legal standard by which the County's duty to the traveling public is
measured.
The Standards cannot provide for all situations. They are intended to assist but not substitute for
competent work by design professionals. It is expected that land surveyors, engineers and architects
will bring to each project the best of skills from their respective disciplines. These Standards are also
not intended to limit unreasonably any innovative or creative effort, which could result in better
quality, better cost savings, or both. Any proposed departure from the Standards will be judged on
the likelihood that such variance will produce a compensating or comparable result.
In order to remain current with technological changes and public needs, these standards are subject
to revisions. This manual is printed in a format that can be easily updated. This edition will be current
at the time of issuance; however, it is incumbent for the holder to keep the manual current with
revisions to the standards. (Ord. 2015-010 2015)
12.01.020 Scope.
This title is not a textbook or a substitute for engineering knowledge, experience, or judgment. It is
intended to aid in deciding those factors needed to intelligently plan, design, construct, upgrade,
and maintain public and private roads in the County.
The requirements contained in this title apply to all new construction, improvements to existing
roads, or other work done on, over, or under any public or private roads within the County.
Requirements of the title shall be enforced in the same manner as other Kittitas County Codes (KCC),
including injunctions resulting in work stoppage and noncompliance suits for damages to County
roads or rights -of -way. (Ord. 2015-010, 2015)
12.01.030 Applicability.
This title shall apply to all land within the unincorporated areas of the County except where
superseded by other governmental jurisdiction.
These Standards shall apply to all newly constructed public and private roads and right-of-way
facilities required by land use development approvals within Kittitas County. In the event of conflict
with the current subdivision and zoning codes, KCC Titles 16 and 17 these Standards shall control.
These Standards do not apply to State or Federal roads. If roads are required to be built to public
standards and are inspected and certified as such, the County may accept these roads onto the
County Road system for continued maintenance, subject to limitations as addressed in
12.01.070.
The Standards may apply to modifications of roadway features of existing facilities which are within
the scope of reconstruction or capital improvement projects when so required by Kittitas County or
to the extent they are expressly referred to in project plans and specifications. The Standards are not
intended to apply to "resurfacing, restoration and rehabilitation (3R)" projects as those terms are
defined in the Local Agency Guidelines, Washington State Department of Transportation (WSDOT),
as amended; however, the Director may at his discretion consider the Standards as optional goals for
311 projects.
Every new utility facility and all planned, non -emergency replacement of existing utility structures
within Kittitas County right-of-way shall be governed by the most current version of the Manual on
Accommodating Utilities in Kittitas County Rights -of -Way. (Ord. 2015-010, 2015)
12.01.040 Amendments and Revisions.
The standards shall be amended as required. The 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. 2015-010.2015)
12.01.050 Enforcement and Responsibility.
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.
12.01.060 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 developer from final
responsibility of insuring all calculations, plans, specifications, construction, and as -built drawings are
in compliance with this title as stated in the developer's engineer's certification provided in
accordance with KCC 12.08.020. (Ord. 2015-010. 2015)
12.01.070 Interpretation.
In the interpretation and application of the provisions of this title, the following shall govern:
A. In its interpretation and application, the provisions shall be regarded as the minimum
requirements for the protection of the public health, safety, and welfare of the residents of Kittitas
County.
B. Whenever a provision of this title or any provision in any law, ordinance, resolution, rule, or
regulation of any kind, contain any restrictions covering any of the same subject matter, whichever
standards are more restrictive or impose higher standards or requirements shall govern.
C. The standards in this title shall not modify or alter any road construction plans, which have
been filed with and accepted by the County prior to the effective date of this title.
D. Any ambiguities in the interpretation of material contained in this title shall be
resolved through the appeals process.
(Ord. 2015-010 2015)
12.01.080 Relationship to Other Standards.
When applicable Washington Administrative Code (WAC), Revised Code of Washington (RCW),
American Association of State Highway and Transportation Officials (AASHTO) standards, and/or
Washington State Department of Transportation (WSDOT) standards are referenced, any reference to
"State highways", or the like, shall be interpreted to mean "County Road". This in no way should be
interpreted that Kittitas County will require all roads to be built to State highway standards.
Since the County is the approval authority for land use changes, this title, which stipulates certain
minimum conditions for land use changes, shall apply. If special districts or other agencies impose
more stringent standards, this difference is not considered a conflict; the more stringent standard
shall apply. If the State or Federal Government imposes more stringent standards, criteria, or
requirements, those standards shall be incorporated into the conditions of approval of the project.
(Ord. 2015-010. 2015)
12.01.090 Responsibility to Provide Roadway Improvements.
A. Any land use development activity which will impact the Level of Service (LOS), safety, or
operational efficiency of abutting or serving roadways, or is required by other County
Code or ordinance to improve such roadways, shall improve those roadways in
accordance with these Standards. The extent of the off -site improvements to roads
serving a development shall be based on a concurrency analysis of the proposed land
use development impacts. The concurrency analysis shall be prepared in accordance
with KCC 12.10.
B. Any land use development activity abutting and impacting existing roads shall improve
the frontage of those roads in accordance with these Standards. If the proposed
development is found to impact areas located beyond the development, improvements
to these areas shall be required. The extent of improvements shall be based on a
concurrency analysis of the proposed land use development impacts in accordance
with KCC 12.10.
C. All road improvement requirements for a land use development activity shall be
constructed to these Standards prior to the issuance of final approval, unless a
performance guarantee is provided as outlined in KCC 12.01.1:,,,
When a performance guarantee is provided, building permits will not be issued until
road construction is completed to the minimum requirements of the International Fire
Code and certified by a civil engineer licensed in the State of Washington. Commercial
occupancy permits will not be issued until road construction is completed and certified
by a civil engineer licensed in the State of Washington. 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.
D. Subdivisions will not be approved unless a recorded continuous public or private access
easement or right-of-way to the subdivision exists.
E. All land use development activities proposing public or private roads located within
Urban Growth Areas (UGA) shall follow the guidelines of KCC 12.04.0.. _
F. All public road improvement and development projects within UGAs shall include
pedestrian access as a part of the design in accordance with the appropriate city's
standard.
G. All road improvements planned or specified in any adopted Growth Management plan
of the County, including but not limited to the most current Kittitas County
Comprehensive Plan and Kittitas County Long -Range Transportation Plan, shall be
planned and constructed in accordance with these Standards.
H. Contiguous parcels, parcels under the same ownership and/or parcels sharing access
easements/roads that submit any land use development application, shall be reviewed
as one development for transportation and road improvement purposes.
I. Public roads that are not maintained by the County or other agency and that are used to
access new land use development activities shall be improved by the developer to
comply with KCC 12.04.070 Private Road Standards.
(Ord. 2015-010. 2015)
12.01.095 General Requirements.
A. The road circulation system within a proposed plat shall provide for access to adjacent
properties whenever such provision is reasonable and practical.
B. Second access requirements:
A second access is required if more than 30 (thirty) lots/units will use the private road.
If the second access is restricted to emergency access only, it must meet or exceed the
following requirements: 60 foot easement, 20 foot roadway width, all-weather surface
and a paved apron. Access restrictions such as gates or bollards must be approved by
the Fire Marshal. If the second access is to be used for ingress and egress, it must meet
the same standards of the first access.
The number of lots calculation is based on the total number of lots or units served by
the entire private road system, beginning at the nearest public road.
C. Roads to be dedicated to the County shall be constructed as specified by the public
road standards in KCC 12.04. All roads to be dedicated to the County shall be connected
to an on -system county or other publicly maintained road.
D. Gated accesses shall be approved by the Fire Marshal and meet the requirements of the
International Fire Code and KCC 20.03.010 as adopted by the County. Gates shall comply
with minimum width and emergency opening device requirements as required by the
Fire Marshal.
E. When a road extends more than 150' from the centerline of a County or other publicly
maintained road or serves more than three lots, a turnaround shall be provided. The
turnaround shall be a cul-de-sac for roads serving five or more lots/units. The
turnaround may be a hammerhead for roads serving four or less lots/units or for a land
use development activity occurring prior to the end of the road. Cul-de-sac and
hammerhead designs must conform to the specifications of the International Fire Code.
A cul-de-sac shall have an easement diameter of at least 110 feet and a driving surface
of at least 96 feet in diameter.
F. Any public road whose rights have been acquired by deed easement or prescription
shall not be closed off or otherwise made inaccessible in any way.
G. Roads serving six or more lots shall be named according to the Kittitas County Private
Road Naming & Signing Standards. Road names shall be subject to the approval of the
Department of Public Works and KITTCOM. Private roads shall be signed with a Manual
on Uniform Traffic Control Devices (MUTCD) approved road name sign at all times.
H. All private roads shall be signed with a stop sign at the intersection with a County road.
Stop signs shall conform to the requirements of the MUTCD.
I. All signs, signal markings, or other devices intended to regulate, warn, or guide traffic
and installed or maintained on private property shall conform to the MUTCD.
J. All public or private development impacting County roads shall comply with the traffic
control and haul route requirements in KCC 12.09.0%
K. Corner lots shall have no dimension less than 90 feet. Lot corners shall be rounded by
an arc, the minimum radius of which shall be not less than 35 feet at street intersections
L. All land use development activities that access property over private lands, public lands,
or road easements managed by other agencies must submit a recorded easement,
permit, road maintenance agreement, or other document from the land owners or
road/easement managers that specifically address access, maintenance, seasonal
restrictions and other restrictions and limitations. These agreements shall be presented
to the Department of Public Works prior to preliminary approval.
M. New irrigation ditches snail not be constructed within new or existing County rights -of -
way. A franchise agreement will be required for irrigation water crossing a County right-
of-way or any piped irrigation water within the County right-of-way.
N. All roads crossing an irrigation ditch or canal shall have a crossing agreement with the
ditch owner or irrigation entity.
0. All new roads shall conform to the Kittitas County Long -Range Transportation Plan.
P. The following notes shall be placed on the face of the plat, short plat, or other
development authorization:
1. "Maintenance of the access is the responsibility of the property owners who
benefit from its use."
2. "Any further subdivision or lots to be served by proposed access may result
in further access requirements. See Kittitas County Road Standards."
3. "An approved access permit shall be required from the Department of
Public Works prior to creating any new driveway access or performing work
within the County right-of-way."
( Ord. 2016-023, 2016; Ord. 2015-010. 2015 )
12.01.100 General References.
The Standards implement and are intended to be consistent with:
A. Kittitas County Code, as amended.
B. Kittitas County Comprehensive Plan, current edition as amended.
C. Kittitas County Long -Range Transportation Plan, current edition as amended.
D. Adopted Community Plans.
E. Kittitas County Capital Improvement Program, current edition as amended.
F. Kittitas County Manual on Accommodating Utilities within the Right-of-way.
12.01.110 Primary Design and Construction Reference Documents.
Except where these Standards provide otherwise, design detail, construction materials and
workmanship shall be in accordance with the most current editions of the following publications
produced by WSDOT.
A. WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, current edition
as amended, to be referred to as the "WSDOT Standard Specifications."
B. WSDOT Standard Plans current edition as amended.
C. WSDOT Design Manual, current edition as amended.
D. WSDOT Bridge Design Manual, current edition as amended.
(Ord 2015-010, 2015)
12.01.120 Other Specifications.
Other specifications include, but are not limited to, the most current editions of the following
publications. These publications shall be applicable when pertinent, when specifically cited in the
Standards, or when required by State or Federal funding authority.
A. WSDOT Local Agency Guidelines, current edition, as amended.
B. WSDOT Guidelines for Urban Arterial Program, current edition as amended.
C. WSDOT Pavement Guide, Volume 1 — Pavement Policy, current edition as amended.
D. Design criteria of federal agencies including the Federal Housing Administration, US
Department of Housing and Urban Development; Federal Highway Administration, and US
Department of Transportation.
E. A Policy on Geometric Design of Highways and Streets, AASHTO, current edition as
amended.
F. Standard Specifications for Highway Bridges, adopted by AASHTO, current edition as
amended.
G. Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD),
current edition as amended and adopted by WSDOT.
H. Guide for the Development of Bicycle Facilities, AASHTO, current edition as amended.
Guidelines for the Geometric Design of Very Low -Volume Local Roads (ADT<400), AASHTO,
current edition as amended.
(Ord. 2015-010, 2015)
12.01.130 Variances (Departures from the Standards) and Appeals.
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.
The granting of a variance shall be in the public interest. When the need for a variance can be
identified in advance, 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:
1. Unusual circumstances or conditions apply to the property and/or the intended use that
do not apply generally to other property in the same vicinity or district; and
2. Such variance is necessary for the preservation and enjoyment of a substantial property
right of the developer possessed by the owners of other properties in the same vicinity
or district; and
3. The authorization of such variance will not be materially detrimental to the public
welfare or injurious to property in the vicinity or district in which the property is located;
and
4. Special conditions and circumstances do not result from the actions of the developer;
and
5. The granting of such variance will not adversely affect the realization of the Kittitas
County Comprehensive Plan, Long -Range Transportation Plan or this title.
The variance request(s) shall consist of:
1. Variance fee.
2. Variance application.
3. Identification of the standard provision to be waived or varied.
4. Identification of the alternative design or construction standards to be adhered to.
5. A thorough justification of the variance request.
Requests may be prepared by the developer, professional civil engineer licensed to practice in
Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial
or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC
15A.08, based on the underlying land use decision in accordance with Ch. 36.70B RCW. (Ord. 2022-
005, 2022; Ord_2018-001, 2018; Ord. 2015-010, 2015)
12.01.135 Variance Fairness Standard.
(repealed by Ord. 2022-005 2022; Ord. 2018-001, 2018)
12.01.140 Authority of the Public Works Director.
The Director of Public Works 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. (Ord. 2015-010.2015)
12.01.150 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.
A. Construction Performance Guarantees: In lieu of the completion of any required public or
private improvements prior to final approval of a land -use development activity, the developer shall
provide a performance guarantee in an amount and with satisfactory surety and conditions providing
for and securing to Kittitas County the actual professional services, construction and installation of
such improvements within two years of final approval. The Director will enforce the guarantee
through appropriate legal and equitable remedies. All performance guarantees shall be prepared in
accordance with the Department of Public Works Performance Guarantee Form.
If a surety bond, letter of credit, or cash is provided, the amount covered shall equal 135% of the
estimated design and construction cost. The estimated costs must be reviewed and concurred by the
County Engineer.
The amount of the financial guarantee may be reduced during construction proportionally to the
amount of work completed, as said work is approved by the Public Works Director.
The developer is legally and financially responsible for ensuring all roads are constructed in
accordance with this code.
B. Maintenance Performance Guarantees: The successful performance of public
improvements shall be guaranteed for a period of not less than two years from the date of
acceptance as an on -system road or final construction approval of existing facilities. The amount of
the maintenance guarantee shall be 10% of the construction cost and the form of the maintenance
financial guarantee shall be approved by the Public Works Director. Maintenance guarantees will not
be required when the required performance guarantee is $1,000.00 or less.
(Ord. 2015-010, 2015)
12.01.160 New County Roads.
A. General
New roads may be added to the county road system by resolution passed by the BOCC. Sources of
new roads are additions, realignments, relinquished State Highways and Forest Service roads,
subdivision and other development. Before a new road becomes a part of the county road system, it
passes through seven steps: planning, design, right-of-way acquisition or dedication, construction,
inspection, acceptance through resolution, and warranty period.
The initial approval of subdivision road construction by the County Engineer is for purposes of
releasing the developer's development collateral and not for purposes of acceptance by the County
for maintenance. The developer shall construct all roads proposed in any development to the
required standard with no liability or obligation for such construction or maintenance by the County.
The County may bring a road onto the county road maintenance system if the new road has a
potential ADT greater than 400, is a through road or the road is identified in the Long -Range
Transportation Plan as a future corridor.
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 Road Standards for private roads
B. Preliminary and Final Acceptance
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 developer shall petition the BOCC
by submitting an on system county road establishment application prior to construction. If approved,
the road will be accepted onto the county road system upon an approved final inspection as defined
in KCC 12.09.020(K).
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 KCC 12.09.020(K) and final
plat or project approval. Such roads are not subject to the requirement of a resolution by the BOCC.
C. Planning Standards
Prior to the design of a new road, the functional classification, terrain classification, and the design
speed must be determined. The functional classification and terrain classification are defined in KCC
12.03.020 and 12.02.030. The design speeds are addressed under KCC 12.04.
The road systems of proposed new developments must correspond to the definitions given
previously. If the developer's engineers have any questions in regard to the classification type of a
particular road or roads within a proposed development, they should contact the County Engineer
for clarification.
D. Design Standards
Roads must be designed as required by KCC 12.08- Road plans and profiles, signing plans and
striping plans must be approved by the County Engineer before starting construction.
E. Construction and Testing Standards
Specific construction specifications for materials and workmanship, and testing requirements are
found in KCC 12.09. The construction specifications used during work on the county road system
generally comply with the WSDOT Standard Specifications in force at the time of construction.
F. Construction Warranty and Collateral
The developer shall guarantee all portions of construction work done in the right-of-way in
accordance with KCC 12.01.150
(Ord. 2015-010, 2015)
12.01.170 Joint Review.
Situations may arise in which the County, Forest Service, State, city, town, utility, or other agency will
become involved in the review of public or private roads in a given development. This shall occur in
situations such as, but not limited to, developments located within UGAs, accessed by State highways
or Forest Service easements, or affected by utility easements or rights -of -way. The following
procedures shall then apply:
A. The conditions of any Inter -Governmental Agreements between the County and
other agencies shall be complied with.
B. The County shall refer development plans to other involved agencies for review and
comment.
C. The other agencies shall be responsible for the issuance of access and utility permits
and inspections of their respective roads and utilities. Preliminary approval of a
development application will not be issued by the County until a valid permit or
agreement from the other agencies is received by the Department of Public Works.
D. The County shall be responsible for the issuance of permits for all road construction
and installation or modification of utilities within the County rights -of -way. The
Department of Public Works should be contacted for additional information.
E. Other agencies shall be responsible for the issuance of permits and inspections of all
road construction and installation or modification of utilities, within the other agency's
easements or rights -of -way. The other agencies should be contacted for additional
information.
(Ord. 2015-010, 2015)
Chapter 12.2
DEFINITIONS AND ABBREVIATIONS
Sections
12.02.010 Abbreviations.
12.02.020 Definitions.
12.02.030 Terrain Classification.
12.02.010 Abbreviations.
Where the following words, phrases, or abbreviations appear in these specifications they shall have
the following meanings:
A. 3R — Resurfacing, Restoration, and Rehabilitation.
B. AASHTO - American Association of State Highway and Transportation Officials
C. ADT - Average Daily Traffic
D, BMP - Best Managment Practice
E. BST - Bituminous Surface Treatment
F. BOCC Board of County Commissioners of Kittitas County, Washington
G. DPW Kittitas County Department of Public Works
H. HMA - Hot Mix Asphalt
I. IGA - Inter -Governmental Agreement
J. KCC - Kittitas County Code
K. LOS - Level of Service
L. MUTCD - Manual on Uniform Traffic Control Devices
M. PC - Point of Curvature
N. PI - Point of Intersection
0. PRC - Point of Reverse Curve
P. PT - Point of Tangency
Q. RCW - Revised Code of Washington
R. ROW - Right -of -Way
S. SWMMEW - Stormwater Managment Manual for Eastern Washington
T. TIA - Traffic Impact Analysis
U. UGA - Urban Growth Area
V. USGS - United States Geologic Survey
W. VPC - Vertical Point of Curvature
X. VPI - Vertical Point of Intersection
Y. VPT - Vertical Point of Tangency
Z. WAC - Washington Administrative Code
AA. WSDOT - Washington State Department of Transportation
(Ord. 2015-010, 2015)
12.02.020 Definitions.
A. ACCESS - That portion of the driveway or private road extending from the edge of the
county road to the edge of right-of-way.
B. AGRICULTURAL ACCESS — An access that serves fields or outbuildings and is not for
commercial or residential use.
C. AS -BUILT or RECORD DRAWINGS - Set of original plans, with information superimposed
upon them, showing any additions, deletions, changes, etc.
D. AVERAGE DAILY TRAFFIC — The average 24-hour traffic volume on a roadway.
E. AVERAGE LOT SIZE - The total number of acres divided by the total number of existing
and proposed lots or dwelling units to be served by a private road, from the end of the
private road to the county, city, or state maintained road.
F. BRIDGE — A structure that measures at least 20' in length along the centerline, generally.
G. CENTER LINE - The line, marked or unmarked, parallel to and equal distance from the
sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers.
H. CITY - Any incorporated area within Kittitas County, Washington.
I. CONSTRUCTION PLANS - Detailed and working plans including plan and profile, details,
notes and any other information necessary for complete construction of the required
improvements.
J. CONSULTANT - A person, partnership, or corporation who is hired by the landowner or
developer and is empowered to act as his agent.
K. CONTRACTOR - A person, partnership or corporation who is hired to perform work.
L. CORNER SIGHT TRIANGLES - Specified areas along intersections that shall be clear of
obstructions that might block a driver's view of potentially conflicting vehicles.
M. COUNTY - County of Kittitas, State of Washington.
N. COUNTY ROAD -Every road or part thereof, outside the limits of incorporated cities and
towns and which has not been designated as a state highway, that has been accepted
by resolution by the BOCC onto the county road system.
0. COUNTY ROAD SYSTEM — Those roads or rights -of -way maintained by Kittitas County
P. CUL-DE-SAC - A cul-de-sac is the end of a dead-end street or alley that widens to
provide a circular turnaround for vehicles.
Q. DESIGN SPEED - A speed determined for design and correlation of the physical features
of a street that influence vehicle operation; the maximum safe speed maintainable on a
specified section of street when conditions permit design features to govern.
R, DIRECTOR or DIRECTOR OF PUBLIC WORKS - The Director of the Kittitas County
Department of Public Works or the County Engineer.
S. DEVELOPER - The person or persons legally responsible for the construction of
infrastructure related to a land use development activity.
T. DRIVEWAY - Access road used by no more than two privately maintained residential,
commercial, agricultural or industrial properties.
U. EASEMENT - A right held by one person to make specific, limited use of land owned by
another person.
V. ENGINEER, COUNTY - The statutorily required position of county engineer appointed
under RCW 36.80.010. The County Engineer may also be the Director of Public Works
when the person in that position also meets the requirements of a licensed professional
engineer and is duly appointed by the county legislative authority under RCW 36.80.010.
W. ENGINEER, OWNER, APPLICANT, OR DEVELOPER'S — A civil engineer licensed in the
State of Washington, acting for the owner, applicant or developer.
X. FUNCTIONAL CLASSIFICATION — A classification system for roads with specific
definitions in KCC 12.03.
Y. HAMMERHEAD — A T-shaped turnaround for vehicles.
Z. HIGHWAY - Every way, lane, road, street, boulevard, and every way or place in the State
of Washington open as a matter of right to public vehicular travel both inside and
outside the limits of incorporated cities and towns.
AA. INSPECTOR - An authorized representative of the County Engineer assigned to make
inspections for contract performance, standards, and contract compliance.
BB. IRRIGATION SYSTEM - means a man-made feature and/or an upland Swale that either
conveys water to an ultimate irrigation use or place of use, or that moves and/or
conveys irrigation water (e.g., "run-off" from irrigation) away from irrigated lands.
Irrigation systems may include the distribution system or parts thereof, consisting of
manmade canals, laterals, ditches, siphons, and/or pipes, or pump systems.
CC. LAND USE DEVELOPMENT ACTIVITY — Any activity requiring a land use permit from
Kittitas County as defined in KCC 15A.02.080, including, but not limited to,
Administrative Segregations, Boundary Line Adjustments and Conditional Use Permits.
DD. MAJOR DRAINAGE STRUCTURE - A device composed of a virtually nonerodible material
such as concrete, steel, plastic, or such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm -water
management, drainage control, or flood control purposes.
EE. MAY - A permissive condition. No requirement for design or application is intended.
FF. OFF -SYSTEM ROAD - A road or right-of-way dedicated or used by the public but not
maintained by Kittitas County.
GG.ON-SYSTEM ROAD - A road or right-of-way dedicated or used by the public and
maintained by Kittitas County.
HH.PRIMITIVE ROAD — County roads without the requirement to be maintained, that have,,
gravel or earth surface, and average annual daily traffic of 100 or fewer vehicles, and
meets the requirements of RCW 36.75.300.
II. PRIVATE ROAD - An access road serving three or more lots, residences or multi -family
units that is privately owned and maintained for the use of the owner(s) or those having
expressed or implied permission from the owner(s).
JJ. PUBLIC ROAD - Any street or road which is open to or dedicated to the use of the
public. Public Roads may be privately maintained or maintained by a public agency such
as Kittitas County, Washington State Department of Transportation or the United States
Forest Service.
KK. RIGHT-OF-WAY - Land, property, or property interest, usually in a strip, acquired for or
devoted to transportation purposes.
LL. ROAD OR STREET - A general term denoting a public or private way for purposes of
vehicular travel and utilities, including the entire area within the right-of-way (includes
alleyways).
MM. SHALL - A mandatory condition. Where certain requirements in the design or
application use the word "shall", it is mandatory that these requirements be met.
NN.SHOULD - Where the word "should" is used, it is considered to be advisable usage,
recommended but not mandatory.
00. SPECIAL DISTRICT - Any recognized district within Kittitas County that may have
some level of jurisdiction over some aspect of a development. A special district may
include, but is not limited to, Irrigation Districts, Water Districts, and Fire Districts.
PP. STOPPING SIGHT DISTANCE - The distance required to safely stop a vehicle traveling at
design speed. It is measured from the driver's eye, 3.5 feet above the pavement to the
top of an object 2.0 feet high on the pavement anywhere on the road as defined in
AASHTO.
QQ. STREET OR ROAD WIDTH - The distance measured from curbface to curbface across
a street or edge of traveled way.
RR. TRAVELED WAY — That part of the roadway made for vehicular traffic excluding
shoulders and auxiliary lanes.
SS. UTILITY - A company or individual providing public service such as gas, electric power,
irrigation, telephone, Internet, water, sewer or cable television, whether or not such
company is privately owned or owned by a governmental entity.
TT. WORKING DAYS — Days on which the Department of Public Works is open for business,
typically including Monday thru Friday, not including holidays.
(Ord. 2015-010, 2015)
12.02.040 Terrain Classification.
For the purposes of this manual, the terrain in Kittitas County is divided into three categories:
A. FLAT - highway sight distances, as governed by both horizontal and vertical restrictions,
are generally long or can be made to be so without construction difficulty or major
expense. The slope of existing terrain is from 0% to and including 5%.
B. ROLLING TERRAIN - natural slopes consistently rise above and fall below the road or
street grade, and occasional steep slopes offer some restriction to normal horizontal
and vertical roadway alignment. The slope of the existing terrain is from 5% to and
including 10%.
C. MOUNTAINOUS TERRAIN - longitudinal and transverse changes in the elevation of the
ground with respect to the road or street are abrupt, and benching and side hill
excavation is frequently needed to obtain acceptable horizontal and vertical alignment.
The slope of the existing terrain exceeds 10%.
Terrain classification pertains to the general character of the specific route corridor. Roads in valleys
or passes of mountainous areas that have all the characteristics of roads traversing flat or rolling
terrain should be classified as flat or rolling. In rolling terrain, trucks reduce their speeds below those
of passenger cars on some sections of roadway. Mountainous terrain is responsible for some truck
operation at crawl speeds. In cases where the terrain classification is in question, the County Engineer
shall make the final decision.
(Ord. 2015-010, 2015)
L=!
Chapter 12.3
ROADWAY CLASSIFICATION*
Sections
12.03.010 Road Classifications.
12.03.010 Road Classifications.
County roads are classified functionally to define the part that they play in serving the flow of trips
through the road network. The function of a road is used to determine required right-of-way width,
road width, access spacing, intersection spacing, and other road geometrics. Functional classification
changes or additions of county roads can be initiated by the County, but are reviewed by WSDOT
and the Federal Highway Administration, who provides approval, denial, or conditional approval of
functional classification requests.
More information on functional classification, including the functional classifications of county roads,
can be found on the Public Works website. (Ord. 2015-010. 2015)
Chapter 12.4
ROAD DESIGN CRITERIA
Sections
12.04,010 Scope.
12.04.020 General.
12.04.030 Public Road Design Requirements.
12.04.040 Design Criteria within an Urban Growth Area.
12.04.050 Design Standards.
12.04.060 Geotechnical Investigation.
12.04.070 Private Road Design Requirements.
12.04.080 Private Road Design Criteria,
12.04.090 Private Road Construction Control, Inspection and Certification.
12.04.010 Scope.
The purpose of this chapter is to present Kittitas County criteria for the design of public and private
roads and streets. It is to be used by developers and their engineers in the design of roads for which
approval by the Kittitas County Department of Public Works is required, or which are required to be
constructed by a land use development activity. (Ord. 2015-010, 2015)
12.04.020 General.
The provisions stipulated in this section are general in nature and shall be considered as applicable
to all parts of these specifications, including any supplements and revisions.
All road construction within the public or private right-of-way shall be designed by or under the
direct supervision of a civil engineer, licensed to practice in the State of Washington as required
by KCC 12.08. All drawings and support data submitted to the County for approval must bear his/her
seal and signature. The design criteria, as presented, are intended to aid in preparation of plans and
specifications, and shall be considered as minimum standards.
As with any design criteria, occasions may arise where the minimum standards are either
inappropriate or not feasible due to unusual circumstances. In these cases a variance to these criteria
shall be considered. Variance requests shall follow the procedures outlined in KCC 12.01.130,
2015-010, 2015)
12.04.030 Public Road Design Requirements.
A. Road surfacing requirements shall be in accordance with the WSDOT Pavement Guide,
Volume 1 - Pavement Policy, current edition, and tables 4-1 through 4-3 of this chapter.
B. The minimum design speed for all roads shall be 25 MPH. Design speeds shall be based
upon WSDOT Design Manual, current edition. Entire road segments shall be designed at
the same speed.
C. Intersections
1. Location of new arterial and collector streets shall be in accordance with the
WSDOT Design Manual.
2. All new intersections will have a minimum straight tangent length prior to
beginning any curves in accordance with the WSDOT Design Manual.
3. The design of intersections on arterial streets shall be in accordance with
WSDOT Design Manual.
4. Separation of intersections shall be in accordance with WSDOT Design
Manual.
D. Residential streets should be designed to direct traffic to collector streets and
adequately provide for circulation and movement within the subdivision.
E. Vertical Alignment Connection with existing streets shall be smooth transitions and
existing grades shall be shown for at least 150 ft on all sides of the connection. Vertical
alignment designs shall be in accordance with the applicable WSDOT or AASHTO
Design Manual.
F The grade and ground lines of all streets that dead-end, except cul-de-sacs, shall be
continued for 500 ft beyond the proposed construction, unless that property is under
different ownership. The grade and ground lines of all arterials shall be designed to
continue 1000 ft beyond the end of proposed construction unless that property is under
different ownership.
G. Sight Triangle Standards shall be in accordance with the WSDOT Design Manuals. Site
triangles shall be shown on the preliminary and final land segregation documents. Site
triangles shall apply to all private and public roads. Plat notes and covenants shall reflect
that site triangles shall be kept free of all trees, bushes, landscaping, fences or obstacles.
H. Street Projections into Future Adjoining Subdivisions.
1. The location of proposed streets shall allow for the proper conveyance of
the storm drainage system.
2. Where a street is indicated to dead end into an adjacent unplatted area, the
developer shall provide written approval from the adjacent landowner to
discharge his storm drainage from the street onto the adjacent land if such
drainage occurs.
3. Stub streets shall end at the property line with a cul-de-sac unless the
Engineer recommends otherwise.
4. Type III barricades shall be permanently installed at the end of all stub
streets that do not end in a cul-de-sac.
The County Engineer may determine that the AASHTO's Policy on Geometric Design of
Highway and Streets, current edition, can be substituted for the WSDOT Design Manual
on a case -by -case basis.
Table 4-1
Roadway and Right -of -Way Width Requirements
a 40 MPH Design Speed > 40 MPH Design Speed
ADT' Roadway Width, ROW Width Roadway Width2 ROW Width
0-400 ADT 24 60 26 60
Less than 400 ADT 26 60 26 60
'ADT to be determined using the most recent edition of the ITE Trip Generation manual.
,Additional roadway or shoulder width may be required on roads with steep side slopes or roads
designated as bicycle routes in the Long -Range Transportation Plan.
a`e +-
BST Surfacing and Structural Requirements
ADT'
Subgrade Condition
Crushed Stone Depth,
BST Surface Class A2
Poor
20 inches
0-200 ADT
Average
16 inches
3/4 inch nominal
Good
16 inches
Poor
21 inches
201-400 ADT
Average
16 inches
3/4 inch nominal
Good
16 inches
Poor
24 inches
> 400 ADT
Average
18 inches
3/4 inch nominal
Good
18 inches
'ADT to be determined using the most recent edition of the ITE Trip Generation manual.
zBST Class A is a Bituminous Surface Treatment Class A as defined in WSDOT Standard Specifications
5-02.10), current edition.
,HMA shall be used on grades exceeding 10%
^Subgrade Conditions
Poor Mr=5000 psi
Average Mr=10000 psi
Good Mr=20000 psi
AASHTO SOIL
AASHTO SOIL
AASHTO SOIL
A4, A5, A6, A7
A2
Al, A3
$Crushed stone depth may be reduced based upon on -site soils investigation.
Design assumes the area is well drained and not susceptible to frost.
Print Table 4-2
Table 4-3
HMA Surfacing and Structural Requirements
ADT' Subgrade Condition2
HMA Surface
Crushed Stone Depth,
Poor
2.5 inches
11 inches
0-200
Average
2.5 inches
9 inches
ADT
Good
2.5 inches
9 inches
Poor
3 inches
12 inches
201-400
ADT
Average
Good
3 inches
3 inches
9 inches
9 inches
> 400 Design for greater than 400 ADT shall be in accordance with WSDOT Pavement
ADT Policy, Volume 1, current edition.
1ADT to be determined using the most recent edition of the 1TE Trip Generation manual.
2Subgrade Conditions
Poor Mr=5000 psi
Average Mr=10000 psi
Good Mr=20000 psi
AASHTO SOIL
AASHTO SOIL
AASHTO SOIL
A4, A5, A6, A7
A2
Al, A3
'Crushed stone depth may be reduced based upon on -site soils investigation.
Design assumes the area is well drained and not susceptible to frost.
Print Table 4-3
(Ord. 2015-010, 2015; Ord. 2005-30, 2005; Ord. 2004-013, 2004; Ord. 94-18, 1994)
12.04.040 Design Criteria within an Urban Growth Area.
A. Roads proposed within the UGA shall conform and support the road system or grid,
Transportation Plan and Comprehensive Plan of the affected city.
B. Roads constructed within the UGA shall comply with the road standards of the affected
city or Kittitas County Road Standards, whichever is more stringent. The city shall have
the final approval of the road alignment, geometry and construction requirements.
C. Utilities constructed within the UGA shall comply with the requirements of the affected
city.
(Ord. 2015-010, 2015)
12.04.050 Design Standards.
The design standards established in this title represent minimum values. The sources for these design
standards include applicable standards established by AASHTO and WSDOT. Every effort has been
made in this title to provide consistent, accepted, and established standards to follow, which will
result in a safe and efficient public and private road system at a reasonable cost to construct and
maintain, while at the same time minimizing adverse environmental impacts.
In addition to the specific design standards found throughout other parts of this title, the following
general design principals shall be adhered to insofar as practical :
A. Layout of lots and blocks should provide desirable settings for structures by making use
of natural contours and maintaining existing views, affording privacy for the residents
and protection from adverse noise and vehicular traffic. Natural features and vegetation
of the area should be preserved where practical. The resulting road system must,
however, provide for the safe and efficient movement of people and goods and also
allow for proper construction and maintenance practices to occur.
B. Tree masses and large individual trees should be preserved. The system of roadways,
sidewalks, bicycle and equestrian trails, and the lot layout should be designed to take
advantage of visual qualities of the area.
C. In high -density development particularly, pedestrian ways, bike paths, and equestrian
trails should be separated from roadways used by vehicular traffic. Sidewalks should be
designed to provide all residential building sites with direct access to all neighborhood
facilities, including schools and school collection points, parks and playgrounds,
churches and shopping areas.
D. Roads should be located with appropriate regard for topography, creeks, wooded areas,
and other natural features, which would enhance attractive development.
E. Roads should not be located so as to closely parallel streams or be subject to flooding.
There should be a vegetated strip to trap soil carried by runoff between the toe of fill
and the stream channel.
F. In mountainous terrain, it may be preferable to provide more right-of-way than the
minimum required to construct the road itself. The road will be permitted to wind
around within the right-of-way to reduce cuts and unnecessary scarring, provided
minimum standards are met. This higher standard right-of-way will permit
improvements of the alignment as traffic warrants.
G. Existing roads, including roads in subdivisions having preliminary plat approval in
adjoining properties, shall be continued at equal or greater width and in similar
alignments by roads proposed in the subdivision, unless variations are approved.
H. Roads within rural subdivisions should be designed as a system of circulation routes so
that the use of local roads by through traffic will be discouraged.
I. Roads shall intersect at right angles as possible. Written approval from the Engineer
shall be required if an intersection is proposed that would deviate more than 10 degrees
from perpendicular.
J. When a tract is divided into lots which are twice as large on average than the underlying
zoning, such lots or parcels shall be arranged to permit the logical location and opening
of future streets or roads.
(Ord. 2015-010.2015)
12.04.060 Geotechnical Investigation.
Geotechnical conditions shall be investigated and tested in accordance with WSDOT Geotechnical
Design Manual or AASHTO design manuals. The County Engineer may require additional
geotechnical investigation based upon specific site conditions. (Ord. 2015-010.2015)
12.04.070 Private Road Design Requirements.
Private roads shall comply with the following conditions:
A. Shall meet the minimum access requirements of the International Fire Code as adopted
by the County, KCC 20. or Kittitas County Road Standards, whichever is more stringent,
and
B. Shall be designed and constructed in conformance with AASHTO Guidelines for
Geometric Design of Very Low -Volume Local Roads (ADT< 400), most recent edition,
and
C. Shall be permanently established by a right-of-way or easement recorded with the
Kittitas County Auditor, providing legal access to each affected lot, dwelling unit, or
business, and
D. Stormwater generated by roads shall be managed and retained on -site with a
Stormwater system that conforms to the specifications of the most current version of the
Stormwater Management Manual for Eastern Washington and KCC 12.06. The
stormwater system construction shall be certified by a licensed engineer. The
certification shall be included with the road certification, and
E. Will not result in land locking of existing or proposed parcels, and
F. Will be maintained by the developer or legally responsible owner or homeowners'
association or other legal entity made up of all benefited property owners, under the
provisions of an acceptable and recorded "Private Road Maintenance Agreement", and
G. Clearly described on the face of the plat, short plat, or other development authorization,
signed as a private road according to Public Works Road Naming & Signing Standards,
and a disclosure statement filed with the County Auditor stating that Kittitas County is
not responsible for the maintenance, and
H. The following notes shall be placed on the face of the plat, short plat, or other
development authorization, as appropriate:
a. "Kittitas County will not accept private roads for maintenance as public
roads until such roads are brought into conformance with current Kittitas
County Road Standards and formally adopted by the Kittitas County Board
of County Commissioners.
b. Those notes required by KCC 12.01.095(P.
(Ord. 2019-013. 2019; Ord, 2015-010 2015)
12.04.080 Private Road Design Criteria.
Private roads shall comply with the design requirements of Table 4-4A and 4-4B.
Table 4-4A
Private Road Minimum Design Standards
Design Elements toad Type
Joint -Use Private Private Private Private Road
Driveway Road? Road, Road,
Average Lot Size <= 10.0 acres Average Lot Size >
10.0 acres
Number of Parcels 4 3-14 15-40 41 + 2+
and/or Units
Minimum Easement 3013 60'3 60' 60' 60'
Width
Paved Apron, N/A Req'd Req'd Req'd Req'd
Roadway Width 12' or 16' 20' 22' 22' 20'
Shoulder Width N/A 1' 1' 2' 1'
Minimum Centerline N/A 60 60 60
Radius (ft)
Surfacing
Gravel
Gravel
BST/ACP
Gravel
Requirements4
Minimum Crushed
N/A
6"
6"
6"
Surfacing,
Maximum Grade % 6
15
10
10
10
Cul-de-Sac Required
N/A
Req'd
Req'd
Req'd
County Road Approach
Req'd
Req'd
Req'd
Req'd
Permit
Stopping Site Distance
N/A
AASHTO
AASHTO
AASHTO
Ditch Slope (inside
2:1
2:1
2:1
2:1
slope)
'Applies to all roads accessing existing paved roadway.
'All private roads shall be inspected and certified by a civil engineer licensed in the State of
Washington for conformance with the current edition of the Kittitas County Road Standards
'Existing road easements may be a minimum of 40'. New road easements shall be a minimum of 60'.
Existing driveway easements may a minimum of 20'. New driveway easements shall be a minimum of
30'.
4Crushed surfacing per WSDOT Standard Specifications.
'Additional depth may be required for roads that are to be public roads.
6A variance request is required for private road grades between 10-12%
Table 4-4B
Driveway Design Standards
Minimum Driveway Standards
Length
Grade
Required Minimum Surfacing
Required Minimum Width
<150
10% or less
Gravel compacted surface
12 feet
> 150
10% or less
Gravel compacted surface
16 feet with two foot clear zone on each side
Single and Joint -Use Driveway Mitigation Options Due to Grades Exceeding 10%
<100
10% — 16%
Gravel compacted surface
20 feet
<100
<16%
Asphalt or concrete paving
20 feet
> 100 10% -- 12% Asphalt or concrete paving 16 feet with two foot clear zone on each side
>100 13% 15% Asphalt or concrete paving
>100 >16% Variance Required
20 feet wide with one foot gravel shoulders
Variance Required
(Ord. 2019-013. 2019; Ord. 2015-010, 2015)
12.04.090 Private Road Construction Control, Inspection and Certification.
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
12.01.150. 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.
The following provides road certification guidelines:
A. Compaction Testing: Materials used to construct private roads shall be compacted as
specified by KCC 12.09.040. Testing methods and results shall be included in the road
certification.
B. Bridges: Bridges serving private roads shall have a certified live load rating of at least
75,000 pounds or as required by KCC 20.02.050. Certification of bridges shall follow the
guidelines of KCC 12.07.020. All inspection and testing results shall be included in the
road certification.
C. Road Grade: Maximum grade shall not exceed 10%. The County Engineer may require
profile sheets or grade between stations to be included in the road certification.
D. Stormwater Management: Stormwater generated by roads shall be managed and
retained on -site with a Stormwater system that conforms to the specifications of the
most current version of the Stormwater Management Manual for Eastern Washington
and KCC 12.06. The stormwater system construction shall be certified by a licensed
engineer. The certification shall be included with the road certification.
E. Geotechnical Analysis: Geotechnical conditions shall be investigated and tested in
accordance with WSDOT Geotechnical Design Manual or AASHTO design manuals. The
County Engineer may require additional geotechnical investigation based upon specific
site conditions. Results shall be included in the road certification.
F. As -built Plans: As -built plans or design plan markups of the constructed road shall be
submitted with the road certification.
G. General Info: Vicinity map, plat info, inspection date, construction date, applicable road
standards, developer name, terrain, road maintenance agreement, photos, etc.
(Ord. 2015-010. 2015)
Chapter 12.5
DRIVEWAYS AND ACCESSES*
Sections
12.05.010 Authority.
12.05.020 Purpose.
12.05.030 Implementation.
12.05.040 Obtaining a Permit.
12.05.050 Construction of Access.
12.05.060 Use of Access.
12.05.070 Illegal Access to the County Road,
12.05.080 Conditions for Approval of New Driveways.
12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
* Formerly 12.30; renumbered by Ord. 2004.13, 2004
12.05.010 Authority.
Pursuant to RCW 36.75.130, local governments are authorized to regulate vehicular access to and
from any public road under their respective jurisdiction from or to property adjoining a public road.
(Ord. 2015-010. 2015)
12.05.020 Purpose.
It is the purpose of this section to provide the procedures and standards necessary to protect the
public health, safety and welfare, maintain smooth traffic flow, maintain road right-of-way drainage,
and protect the functional level of the public roads while meeting state, regional, local, and private
transportation needs and interests. (Ord. 2015-010. 2015)
12.05.030 Implementation.
A. No person shall construct any access providing direct movement to or from any Kittitas
County maintained road from or to property adjoining the road without an access
permit issued by the Kittitas County Department of Public Works, hereinafter called the
"Department."
B. Access permits shall be issued only in compliance with this chapter, Table 4-4, and the
conditions for approval of the Kittitas County Access Permit. In no event shall an access
be allowed or permitted if it is detrimental to public health, welfare, and safety. Spacing
requirements for all access points are shown in Table 5-1. Site distance requirements are
shown in Table 5-2.
C. Residential and agricultural accesses shall be designed in accordance with [Kittitas
County Drawings], most recent version. All commercial and industrial accesses shall be
designed in accordance with Exhibits 1340-1 and 1340-2 Driveway Design Templates of
the WSDOT Design Manual and approved by the County Engineer prior to access permit
issuance.
D. Commercial approaches are subject to all requirements of the Kittitas County
Department of Public Works Commercial Approach Procedures.
E. For commercial or industrial driveways with heavy traffic volumes or a significant
number of trucks, the Engineer may require construction of the access as a road
intersection. This requirement will be based on a concurrency analysis that considers,
among other factors, intersection spacing, sight distances and traffic volumes. The
concurrency analysis shall be completed in conformance with KCC 12.10.
F Direct access from an individual lot to the County Road shall not be permitted unless no
other alternative exists. Newly created lots shall access onto an internal road system and
not directly onto a County Road, unless approved by the County Engineer. Lots
adjoining County Roads shall access from the lowest classified road or from a joint -use
driveway, when possible. Police, fire, ambulance, and other emergency stations shall
have a right to direct access to County roads..
G. Lots that access easements or rights -of -way controlled by different agencies, such as
State highways, Forest Service Roads, irrigation canals, or railroads will require separate
access approvals from those agencies. A copy of the access approval shall be submitted
to the County prior to issuance of the County's access permit or preliminary approval for
any land use development application. The County cannot grant access to roads or
easements it does not control.
H. All lots created having direct access to a County road must show the proposed driveway
access locations that conform to access/spacing requirements on the face of the plat,
unless the County Engineer decides the location may be determined through the access
permit application process.
I. 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.
J. No more than one access shall be granted to an individual parcel or to continuous
parcels under the same ownership unless it can be shown that:
a. The additional access would be beneficial to the public traveling the public
road; and
b. Allowing only one access would be in conflict with local safety regulations;
and
c. The additional access would not be detrimental to public health, safety and
welfare; OR
d. The additional access is for agricultural use only and the access location
meets spacing and site distance requirements. Any change of use of the
agricultural access will require the access to be reevaluated to meet the
conditions of Kittitas County Road Standards.
(Ord. 2015-010, 2015)
12.05.040 Obtaining a Permit.
A. Persons wishing to apply for direct access to a County road should contact the Kittitas
County Department of Public Works. The Department may require any of the following
items, when relevant to the evaluation of an access:
1. Road and driveway plan and profile,
2. Complete drainage plan of the site that impacts the road right-of-way,
3. Map and letters detailing utility locations before and after development in
and along the road,
4. A subdivision zoning or development plan,
5. Property map indicating other access and abutting public roads and streets,
and
6. Proposed access design.
B. The Department will evaluate access permit applications upon receiving the permit fee.
The Department will make every effort to evaluate the permit within 15 days.
C. The Department will work cooperatively with applicants when determining requirements
on access requests. Through this cooperative evaluation process, the Department may
determine a variation from the access design standards is necessary due to site
limitations or other existing conditions and has the authority to make that decision.
However, if the applicant disagrees with the Department's requirements on an access
request, the applicant will be required to request a variance to the standards according
to KCC 12.01.130.
D. Prior to issuing a denial on an access permit request, the Department shall attempt to
resolve the reasons for the denial with the applicant.
E. Any appeals of a denied access permit shall be resolved through the Administrative
Decisions Appeals process according to KCC 15A.07.
(Ord. 2015-010. 2015)
12.05.050 Construction of Access.
A. The issued access permit will be provided to the permittee along with the requirements
for construction. The permittee will have the amount of time defined by the
accompanying building permit from the date of issuance, as shown on the permit, to
complete construction of the access and request inspection by the Department. In the
absence of a building permit the permittee will have 12 months from the date of
issuance to complete construction and request inspection by the Department.
B. The construction of the access suitable to Public Works inspection staff must complete
prior to issuance of final occupancy.
C. The expected dates of construction and use of the access shall be included on the
request for an access. The permittee shall notify the Department at least 48 hours prior
to any construction in County right-of-way.
D. The Department shall inspect the access upon completion of construction to ensure that
all terms and conditions of the permit are met. The Department may request to inspect
the access during construction.
E. The construction of the access and its appurtenances as required by the terms and
conditions of the permit shall be completed at the expense of the permittee.
It is the responsibility of the permittee to complete the construction of the access
according to the terms and conditions of the permit. The Department may order a halt
to any unauthorized construction or use.
G. Adequate construction signing, in conformance with MUTCD, most recent edition, is
required at all times during access construction. This may include, but is not limited to,
the use of signs, flashers, barricades and flaggers. The Department and its duly
appointed agents and employees shall be held harmless against any action for personal
injury or property damage sustained during construction of the access.
H. The hours of work on or immediately adjacent to the highway may be restricted due to
peak hour traffic demands and other pertinent roadway operating restrictions.
I. A copy of the permit shall be available for review at the construction site. If necessary,
minor changes and additions may be ordered by the Department to meet unanticipated
site conditions.
(Ord. 2021-015, 2021;Ord. 2015-010. 2015)
12.05.060 Use of Access.
A. During road construction or maintenance, the Department may determine that it is
necessary to reconstruct or relocate an existing access. The Department will notify
affected landowners prior to performing any work on the access
B. It is the responsibility of the property owner to ensure that the use of the access to the
property is not in violation of the section, permit terms and conditions. The terms and
conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
C. When there are changes in property use which result in changes in the type of access
operation and/or the access is not in conformance with this chapter, the reconstruction,
relocation, and conformance of the access to this chapter may be required at the
expense of the owner.
(Ord. 2015-010, 2015)
12.05.070 Illegal Access to the County Road.
The property owner will be sent written notice of any illegal access location, or use. The owner will be
given 10 days to respond to notification of pending actions. After 10 days, the Department may
install barriers across or remove any access not conforming to this chapter at the expense of the
owner. (Ord. 2015-0101 2015)
12.05.080 Conditions for Approval of New Driveways.
A. Driveways directly accessing arterials and major or minor collectors may be denied if
alternate access is available.
B. All abandoned driveways shall be removed at the owner's expense.
C. Maintenance of driveway approaches shall be the responsibility of the owner whose
property they serve. The County will not maintain accesses.
D. Maintenance of any driveway culvert shall be the responsibility of the owner whose
property they serve. Damaged or failing culverts must be replaced by the owner whose
property they serve. If the culvert is in need of replacing the county may give the
property owner 30 days notice to replace the culvert. After such time the County may
replace the culvert and charge the owner the cost of the replacement. The County will
not maintain accesses. The county may clear the culvert to allow water to pass.
E. For driveways crossing an open ditch that is anticipated to carry storm water flows,
culverts shall be new corrugated metal 15 inches in diameter or larger, with beveled
ends. The beveled ends shall have a 4:1 slope. The culvert type, diameter and length
shall be constructed as required by the County and noted on the Access Permit. Any
other substitute requires the approval of the County Engineer.
F. No driveway or road shall be constructed within five feet of the side yard boundary,
unless the driveway or road is part of an easement shared with the neighboring
property owner.
Table �,-1
Access Spacing Requirements' !
Road Classification(HO) Speed Access^ Spacing
Rural Arterial Above 35 475 ft.
Rural Major Collector 35 and below 250 ft.
Rural Minor Collector Above 35 300 ft.
35 and below 150 ft.
Rural Local Access Above 35 100 ft.
All Urban Classifications 35 and below 100 ft.
'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 Federal Functional Classification - Refer to KCC 12.03.030
Includes public and private roads and all other access points
Table 5-2
Sight Distance Requirements
Posted Speed Limit Distance
25 Mph 150 ft.
35 Mph 250 ft.
50 Mph 475 ft.
(Ord. 2015-010, 2015)
12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
Driveway access existing prior to the County's adoption of Standard Specifications for Road and
Bridge Construction with Resolution RD-41-70 (1970), are allowed to remain with a change in land
use provided such existing access does not constitute a resulting safety hazard as defined by the
County Road Engineer. (Ord. 2022-017, 2022)
Chapter 12.6
STORM WATER MANAGEMENT STANDARDS AND GUIDELINES*
Sections
12.06.010 Purpose.
12.06.020 Specifications.
12.06.030 Exemptions.
12.06.040 General Requirements.
12.06.050 Drainage Facilities.
12.06.060 Submittal Requirements.
12,06.070 Review and Approval of Plan.
12.06.080 Variances.
12.06.090 Stormwater System Maintenance.
* Formerly 12.70; renumbered by Ord. 2004.13, 2004
12.06.010 Purpose.
This chapter establishes stormwater standards and guidelines for use in Kittitas County. They will be
used by the development community and others who will create stormwater runoff through land -
disturbing activities. The purpose of this chapter will be met through the following:
A. Adopting the Stormwater Management Manual for Eastern Washington (SWMMEW) as
now and hereafter amended, for use within Kittitas County.
B. Prevent accelerated soil erosion and control stormwater runoff resulting from land
disturbing activities both during and after construction through the use of best
management practices.
C. Eliminate the need for costly maintenance and repairs to roads, embankments, ditches,
streams, wetlands, and stormwater control facilities due to inadequate soil erosion and
stormwater runoff control.
D. Reduce stormwater runoff rates and volumes, soil erosion, sediment, and nonpoint
source pollution from development and redevelopment through stormwater Best
Management Practices (BMP).
E. Provide long-term responsibility for and maintenance of stormwater BMPs.
F. Protect the conditions of state (and U.S.) waters for all reasonable public uses and
ecological functions.
G. Facilitate compliance with state and federal standards and permits by owners of
construction sites, developments, and permanent stormwater BMPs within Kittitas
County.
Ord. 2015-010 2015)
12.06.020 Specifications.
All stormwater facilities shall be designed in accordance with the current editions of Washington
State Department of Ecology's SWMMEW, WSDOT's Highway Runoff Manual and Hydraulics Manual,
current editions, using the most restrictive specifications. (Ord. 2015-010, 2015)
12.06.030 Exemptions.
Projects exempt from this code include the exemptions and partial exemptions listed in the
SWMMEW, Sections 2.1.3, 2.1.5 and 2.1.6, current edition. Local exemptions shall be determined
through the variance process outlined in KCC 12.06.080. (Ord. 2015-010, 2015)
12.06.040 General Requirements.
The following requirements shall be implemented in accordance with the SWMMEW:
A. Core Element No. 1. Prepare a stormwater site plan prior to final plat approval that will be
reviewed by the County Engineer according to all of the applicable core elements as defined below.
B. Core Element No. 2: Construction Stormwater Pollution Prevention. Prepare and maintain a
construction stormwater pollution prevention plan on site during the entire project and amend as
necessary.
C. Core Element No. 3: Source Control of Pollution. Apply all known, available and
reasonable source control BMPs. Operational and structural source control BMPs shall
be selected, designed and maintained according to the SWMMEW.
D. Core Element No. 4: Preservation of Natural Drainage Systems. Preserve natural
drainage systems to the extent possible at the site.
E. Core Element No. 5: Runoff Treatment. Projects that result in five thousand square
feet or more of new pollutant -generating impervious surfaces shall design, size,
construct, operate and maintain runoff treatment at the site.
F. Core Element No. 6: Flow Control. Projects that result in ten thousand square feet or
more of new imperious surfaces shall design, size, construct, operate and maintain
stormwater flow control facilities at the site.
G. Core Element No. 7: Operation and Maintenance. Projects that utilize structural BMPs
shall prepare an operation and maintenance plan that is prepared in accordance with
the SWMMEW.
H. Core Element No. 8: Local Requirements. Projects that meet the requirements of
Kittitas County Road Standards will meet any optional requirements that are adopted as
a part of this chapter or required by Kittitas County Public Works.
I. Conveyance systems shall be analyzed and designed to manage the twenty -five-year
peak flows from core element Nos. 5 and 6.
(Ord. 2015-010, 2015)
12.06.050 Drainage Facilities.
Culverts with a minimum diameter of 15 inches must be installed at all County road intersections and
at all crossings of well defined natural drainage courses, unless other provisions are made to handle
the passage of surface run-off through the roadway prism. BMPs shall be used during construction
to manage stormwater. All internal development roads shall handle all stormwater within the
development.
All drainage facilities within current or future County right-of-way must be of the type and nature
that can be easily maintained by the County. All stormwater facilities within the development and
outside the County's right-of-way shall be maintained by the developer or homeowner's association.
(Ord. 2015-010, 2015)
12.06.060 Submittal Requirements.
Submittal Requirements for Stormwater Site Plans (Reference Ch.3 of the SWMMEW):
A. Preliminary Submittal Requirements
a. Collect and Analyze Information on Existing Conditions
i. Downstream Analysis
ii. Identify areas of high erosion and sediment depositions
iii. locations of sensitive and critical areas
b. Determine Applicable Core Elements
c. Prepare a Conceptual Stormwater Control Plan
i. Identify Stormwater Conveyance System
ii. Identify Stormwater Detention/Retention Area & Methods
B. Final Submittal Requirements
a. Apply preliminary subdivision conditions relating to stormwater
b. Prepare a Final Stormwater Control Plan
c. Provide a Drainage Report with supporting calculations
d. Prepare a Construction Stormwater Pollution Prevention Plan
C. Provide a copy of recorded Notice to Title — For maintaining private stormwater
drainage system prior to final project approval. The Notice to Title is available at the
Public Works Department.
(Ord. 2015-010, 2015)
12.06.070 Review and Approval of Plan.
The stormwater plan and supporting calculations will be reviewed by the Department of Public
Works using the Department's construction plan review procedures in coordination with all other
County development and/or permit review procedures. The County's review and approval of the
stormwater plan shall not relieve the developer, owner and/or designer of liability for errors or
omissions in the design of storm drainage facilities.
12.06.080 Variances.
Variances from these Stormwater standards and guidelines may be requested by the developer in
accordance with Section 12.01,130. Variances shall be issued only when the following criteria exist:
A. There are special physical circumstances or conditions affecting the property such that
would prohibit the strict application of these provisions; and
B. Every effort has been made to find alternative ways to meet the objectives of the Core
Elements; and
C. The granting of the exception or variance will not be detrimental to the public health
and welfare, nor injurious to other properties in the vicinity and/or downstream, and to
the quality of waters of the state; and
D. The exception is the least possible exception that could be granted to comply with the
intent of the Core Elements.
12.06.090 Stormwater System Maintenance.
All newly constructed stormwater systems will be maintained at the expense of the property owner,
developer or other legal entity. The County will not maintain systems constructed for the purpose of
storage, conveyance, collection or treatment of stormwater generated on privately owned properties.
This responsibility and the provision for maintenance shall be clearly stated on subdivision and short
plat plans, property conveyance documents, and/or drainage improvement plans.
In the event the owner(s) does not provide property maintenance and the County Engineer
determines the stormwater facility represents a public safety threat, the Director will give 30-day
notice to the owner(s) to correct the deficiencies. If the deficiencies are not corrected within 30-days
the County may enter upon the property to perform the necessary maintenance at the owner(s)
expense. This provision for access will be included as a provision of plat or plan approval. (Ord. 2015-
2015)
Chapter 12.7
BRIDGES AND MAJOR DRAINAGE STRUCTURES*
Sections
12.07.010 Design Standards.
12.07.020 Structure Inspections.
* Formerly 12.60; renumbered by Ord. 2004.13, 2004
12.07.010 Design Standards.
A. All bridges and major drainage structures serving public or private roads and driveways
shall conform to KCC 12.01.110
B. Bridge and major drainage structure clear width shall accommodate the full width of the
traveled lanes and shoulders of approach roads. Bikeway and pedestrian walkways shall
be provided where justified.
C. All roadway structures must be designed in accordance with applicable WSDOT design
manuals or AASHTO design guidelines. All new bridges and major drainage structures
shall meet a minimum design load structural capacity of HL-93, or as required by KCC
20.02.050. The load rating for privately owned bridges shall be posted as required
by KCC 20.02.050.
D. All box culverts and bridges shall have the year of construction permanently indentured
on the downstream headwall face in legible numbers. The numbers shall be 3" high by
1-1/2" wide by approximately 3/8" deep in the headwall face.
E. All bridge and major drainage structures shall be designed by a professional civil
engineer licensed in the State of Washington.
F. Foundation designs shall be based upon the recommendations of a qualified
geotechnical engineer. These recommendations shall be documented in the
geotechnical report.
G. Bridge and major drainage structure waterway opening designs shall conform to the
parameters of the applicable WSDOT design manual, AASHTO design guidelines, and
the guidelines and regulations of any agency, such as the Washington Department of
Fish and Wildlife and Army Corps of Engineers.
H. Bridges and major drainage structures that function as a driveway must meet the
standards set forth in the most current version of the International Fire Code for
minimum width and load as required by KCC 20.02.050,
(Ord. 2015-010. 2015)
12.07.020 Structure Inspections.
A. It is the developer's responsibility to ensure all materials are tested and inspected as
required.
B. The developer's structural engineer or his representative, familiar with the structure's
design, shall review the construction in sufficient detail to confirm that the construction
is as specified.
C. Inspection of construction shall be conducted, as frequent as necessary to ensure the
construction conforms to the plans and specifications. A written log or report of all work
shall be furnished to the County Engineer at completion of the structure.
D. Testing of materials shall conform to the requirements of WSDOT Standard
Specifications, and WSDOT Materials Manual, latest edition.
E. When land use development activities increase the use of existing bridges, the bridges
shall be re -inspected and all inspection and testing results provided to the Department
of Public Works. Re -inspection of privately owned bridges shall be included in the road
certification.
F Inspection of existing bridges shall be conducted by a civil engineer licensed in the State
of Washington familiar with bridge design, construction and load ratings. The engineer
shall submit a report indicating the existing bridge meets the requirements set forth in
these standards in regards to load rating, function, superstructure and abutments.
Bridges inspected within two years do not need to be re -inspected unless there is
obvious damage or deterioration to the sub -structure, superstructure or the approach.
(Ord. 2015-010. 2015)
Chapter 12.8
SUBMITTAL REQUIREMENTS FOR CONSTRUCTION PLANS
Sections
12.08.010 General.
12.08.020 Certification.
12.08.030 Submittal Procedure.
12.08.040 Vicinity Map.
12.08.050 Key Map.
12.08.060 Title Block.
12.08.070 Acceptance Block.
12.08.080 General Standards for Subdivision Final Construction plans. (Publisher's note 12.04.090
was not enumerated in the ordinance.)
12.08.100 Scale.
12.08.110 Date of Plans.
12.08.120 Seal and Signature.
12.08.130 Underground Utilities.
12.08.130 Private Improvements. (Publisher's note - 12.04.030 was a duplicate number in the
ordinance.)
12.08.140 Requirements for Road Plan and Profile Drawings.
12.08.150 Signing and Striping Plans.
12.08.160 Range Points/Property Monuments/Benchmarks.
12.08.010 General.
The following documentation is required in conjunction with the submittal of construction plans for
any public or private roadway or storm drainage improvement for which approval by the Kittitas
County Department of Public Works is required. (Ord. 2015-010. 2015)
12.08.020 Certification.
A. All construction plans and drainage reports, soils reports and pavement designs shall be
prepared by, or under the direction of, a civil engineer, licensed in the State of
Washington, and shall be reviewed for the minimum requirements set forth herein. The
engineer should be aware that whenever unusual or serious problems are anticipated in
conjunction with a proposed construction project, additional information and analysis
beyond the minimum requirements of these specifications and criteria would be
required.
B. Construction plans submitted for review and comment must include the following
statement on the cover sheet:
These construction plans for (name of subdivision, development, or project) were prepared
by me (or under my direct supervision) in accordance with the requirements of the Kittitas
County Road Standards.
Name of Engineer
Name of Firm
Date
The.statement shall be signed and stamped by the licensed civil engineer who prepared
or directed preparation of the construction plans.
C. Unless otherwise identified or noted, all construction plan submittals 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.
D. Kittitas County shall not be responsible for the accuracy and adequacy of the design or
dimensions and elevations on the plans. Kittitas County, through the acceptance of the
construction plan or drainage report, assumes no responsibility for the completeness
and/or accuracy of the construction plan or drainage report. The cover sheet shall bear
the following statement:
The engineer who has prepared these plans, 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 these plans, and approval of these plans by the Department of
Public Works shall not relieve the engineer who has prepared these plans of any such
responsibility.
(Ord. 2015-010, 2015)
12.08.030 Submittal Procedure.
Plans for proposed road and drainage construction shall be submitted to the Department of Public
Works as follows;
A. The first submittal shall consist of two complete sets of preliminary civil engineering
plans. The plans shall be submitted at plat application. The plans shall consist of a
conceptual plan and profiles plan, proposed cross section and conceptual stormwater
plan as required by KCC 12.06
B. The second submittal shall consist of two complete sets of final civil engineering plans
together with a final grading plan and profile plans, final stormwater plan, construction
details, temporary erosion and sediment control plan or SWPPP, and any supporting
documents such as stormwater calculations, geotechnical reports, environmental studies
and traffic impact analysis. The plans shall be signed and stamped by the developer's
engineer. The developer's engineer must be a civil engineer licensed in the State of
Washington. Review fees, when adopted and applicable, shall be paid by the developer
before review of the plans by the County commences.
C. if corrections are required, the County will return a redlined print showing necessary
corrections within 30 days of submittal.
D. Subsequent submittals shall also contain two complete sets of plans and other
supporting information, if corrected. When all corrections have been made to the
County Engineer's satisfaction, the final mylar set of plans will be signed and returned to
the developer's engineer.
E. Any revisions to approved plans shall be submitted for approval prior to construction.
Revisions shall be stamped and signed by the developer's engineer. Proposed revisions
shall be indicated on a copy of the original approved construction plans that includes
the County Engineer's signature. The proposed revision shall be clearly shown by
strikeout of text, cross -out of items, and/or clouding as appropriate, and by posting the
drawing revision block. If the proposed revisions are to the satisfaction of the County
Engineer, the revised mylar set of plans will be signed and returned to the developer's
engineer.
F The developer's engineer shall provide the County with a good quality reproducible
mylar and two complete sets of prints of the approved plans and one complete set of
other supporting documentation. The developer's engineer shall also provide a quantity
take -off and engineer's cost estimate of proposed construction when the project is to
be secured by a performance guarantee as outlined by KCC 12.01.150.
G. Plans will be reviewed by the County according to the date they were submitted.
Previously reviewed or approved plans submitted to the County for a revision will be
considered a new submittal. Approved plans under construction will be considered a
resubmittal and will be reviewed prior to new submittals.
(Ord. 2015-010, 2015)
12.08.040 Vicinity Map.
A. Minimum scale is 1"=1000' showing the location and name of all arterial roadways
within one mile of the proposed construction, and all other roadways in the vicinity of
the proposed construction. Shading shall indicate the project area. This map is required
on the cover sheet or first sheet of all submittals, if no cover sheet has been used. The
vicinity map shall show all arterial roadways and major drainage ways. Section,
Township, and Range shall also be shown.
B. Minimum size of vicinity map shall be 10" x 10".
12.08.050 Key Map.
A. Minimum scale is 1"=500' showing the location and name of all roadways within and
adjacent to the proposed construction and all future roadways. Scale shall be indicated.
The key map shall be oriented consistent with detail in the sheet, i.e. same north.
B. The key map is to appear on every sheet showing proposed roadway, storm drainage or
grading improvements. The roadway or area that the design pertains to shall be shaded.
(Ord. 2015-010, 2015)
12.08.060 Title Block.
A title block is required on every sheet and cover sheet submitted for review and acceptance. The
subdivision name and filing number, Planned Unit Development name (if applicable); the type of
improvement; name, address, including zip code, and telephone number and name of the consulting
engineer; name, address, including zip code, telephone number and name of the developer or agent;
and sheet number (consecutive, beginning with the cover sheet) shall be included in the title block.
The title block shall be located in the extreme lower right hand corner, the right side margin, or
along the bottom edge of the sheet.
12.08.070 Acceptance Block.
All roadway construction plans, stormwater or other drainage improvement construction plans, and
privately or publicly maintained stormwater detention or retention facility construction plans must
show the acceptance signature of the designated representative of the Kittitas County Department of
Public Works.
A. The acceptance block shall be located in the lower right hand quadrant of the cover
sheet.
B. Acceptance block shall be as follows:
"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.
County Engineer Date
(Ord. 2015-010, 2015)
12.08.080 General Standards for Subdivision Final Construction Plans.
The following general standards shall be met for final construction plans.
A. All road and stormwater construction must conform to Kittitas County Road Standards
current at the time of application. Any construction occurring four years or more after
final approval shall require reexamination of the plans by the Engineer who may require
that they be made to conform to standards and specifications current at that time.
B. The developer's contractor shall give the Department of Public Works staff at least 24-
hours advance notice before beginning road construction. Road paving or aggregate
base course placement shall not start until the subgrade is proof rolled and inspected,
and compaction test results for the subgrade and any utility trenches are submitted and
approved by the County Engineer
C. The contractor shall obtain separate access, work in the right-of-way or franchise
permits from Public Works before undertaking any construction work in the existing
County right-of-way.
D. All traffic control devices must conform to the Manual on Uniform Traffic Control
Devices (MUTCD), current edition at the time of construction.
E. Prior to release of collateral by Kittitas County the developer must present a statement
from a civil engineer licensed in the State of Washington that the project has been
completed in substantial compliance with approved plans and specifications. The
developer's engineer must document that regular on -site inspections were conducted
during the course of construction, and the field plans utilized were the same as those
approved by Kittitas County. The engineer shall also state quality control testing
demonstrates compliance with the plans and specifications approved by Kittitas County.
A final inspection by the Department of Public Works is required and all deficiencies
must be corrected prior to release of collateral.
The developer must also submit the following items prior to release of collateral or final
approval:
1. "As -built" plans for the improvements must be submitted with the road
certification or at the time the letter requesting collateral release is
submitted. The "as -built" plans must be clearly labeled as such, and must
be signed and dated by a licensed civil engineer. They may be design plan
markups and must show any deviations from the approved plans. Release
of collateral will not occur if the County Engineer determines deviations are
present which have not received prior approval.
2. A letter or letters of acceptance and responsibility for maintenance of the
improvements by the appropriate utility company, special district, city, or
town for all utilities and roads.
3. A letter from the appropriate fire authority stating that fire hydrants are in
place in accord with the approved plans. The letter shall also state that the
fire hydrants are operational and provide the results of fire flow tests.
4. Quality control test results must be submitted for all phases of the project
in accordance with the schedule for minimum materials sampling, testing,
and inspection as found in the WSDOT Materials Manual. The Department
of Public Works shall review and approve a proposed schedule of testing
before commencement of construction.
F. Phased Construction
Engineer drawn plans must be submitted and approved by the County for
the entire development.
2. The construction may be phased. Final approval of a phase will be granted
once the road is constructed and inspected or the construction is bonded.
3. Phased construction must result in a safe and usable facility at the end of
the current phase. Temporary road construction or safety features may be
required until the next phase is completed.
(Ord. 2015-010.2015)
12.08.090 Scale.
Scales listed are the minimum. More detailed scales may be required where necessary to clearly show
details.
A. Plan and profile plans: Horizontal 1"=50', Vertical 1"=5'.
B. Master, preliminary, and final drainage plans; site plans, etc.: from 1"=50' to 1 "=100'
(Ord. 2015-010, 2015)
12.08.100 Date of Plans.
The original date of the plans and any subsequent revisions must be shown in the title block. Qg
2015-010, 2015)
12.08.110 Seal and Signature.
The seal and signature of the developer's engineer, under whose supervision the plans were
prepared, shall be located next to the acceptance block on each sheet. (Ord. 2015-010, 2015)
12.08.120 Underground Utilities.
The type, size, location and number of all underground utilities shall be shown. Field verified
elevations and locations may be required on the construction plans for all underground utilities that
will potentially affect the design or construction. It will be the responsibility of the contractor to verify
the existence and location of all underground utilities along their route of work prior to commencing
any new construction. (Ord. 2015-010, 2015)
12.08.130 Private Improvements.
A. Private improvements such as roadways, driveways, utilities, etc, shall be clearly shown
and labeled as such 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).
B. 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.
C. The County will review these requests under normal review procedures as outlined
previously in these Standards in KCC 12.01.160_
(Ord. 2015-010. 2015)
12.08.140 Requirements for Road Plan and Profile Drawings.
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.
A. Plan View - The plan view shall include, but not be limited to, the following:
1. Existing and proposed property and right-of-way lines, easements, tracts
and irrigation ditch(s). Type and dimension of the easements or tracts are
to be clearly labeled. Property lines and right-of-way lines are to be
dimensioned.
2. Survey lines and stations shall normally be based on centerline of street;
other profiles may be included but shall be referenced to centerline
stationing. Stationing is to be equated to flowline stationing at cul-de-sacs.
3. Roadways and roadway names.
4. Existing utilities, structures and their appurtenances, including, but not
limited to:
Stormwater, fence lines and gates, water lines, irrigation, ditches, electric
lines, curbs and gutters, sewer lines, pavement limits, communication lines,
bridges or culverts, guardrails, signs, gas lines, etc.
5. Station and critical elevation (flowline, invert of pipe, etc.) of all existing and
proposed utility or drainage structures. Location of utilities shall be
dimensioned horizontally and vertically from roadway centerline profile
grade.
6. Storm drainage flow direction arrows, particularly at intersections and all
high and low points.
7. Match lines and consecutive sheet numbers, beginning with cover sheet.
8. Station and elevation of all horizontal curves including PI, PC's, PT's, etc.;
high or low point and PI of all vertical curves; existing and proposed,
centerline bearings, distances, and complete curve data.
9. Curb return radii, existing and proposed; stations and elevations of all curb
returns; mid point elevations, flowline-flowline intersection elevations, and
percent of grade from the PRC to flowline-flowline intersections of all
crosspans.
10. Mid -block handicap ramp locations at tee intersections.
11. Centerline stations of all non -single family residential driveways and all
intersecting roadways.
12. Survey tie lines to section corners or quarter corners, consistent with that
shown on the plat.
13. Typical roadway cross section for all roadways, existing or proposed, within
and adjacent to the proposed development. These cross sections shall
appear on the detail sheet, or if no detail sheet has been used, on the first
sheet of the submittal showing roadway design. They shall indicate type of
roadway(s), profile grade design point (centerline, flow -line, top of curb, lip
of gutter, etc.), roadway width, right-of-way, type of curb, gutter and
sidewalk as required, pavement cross slope, pavement thickness, and
structural material components of the pavement, base and subbase,
together with specifications for treatment of subgrade and installation of
pavement structural members.
14. Construction plans for any roadway improvements including intersections
requiring signalized traffic control. The construction plans shall include
construction and lane details for the new construction and existing facilities
a minimum of 150 ft beyond the limits of construction.
15. Basis of plan view and profile elevations shall be the same, i.e. flowline and
flowline, top of curb and top of curb, etc.
B. Profile
The profile shall include, but not be limited to, the following:
1. Original ground (dashed) and design grade (heavy, solid). Both grades are
to be plainly labeled.
2. For six inch vertical curb and gutter, all design elevations shall be centerline,
lip of gutter, or flowline (preferred). For combination of curb, gutter and
sidewalk, all design elevations shall be back of sidewalk, lip of gutter, or
flowline (preferred). The basis of record drawing information shall be the
same as the design (both flowline or both top of curb, etc.).
3. Stationing continuous for the entire portion of the roadway shown in the
plan view, with the centerline station of all non -single family driveways and
all intersecting roadways clearly labeled.
4. All existing curbs, gutters, sidewalks and pavement adjacent to the
proposed design. Basis for existing grades shall be as -built elevations at
intervals not to exceed 25 feet. Previously approved designs are not an
acceptable means of establishing existing grades.
5. Elevation and location of all existing and new utilities in the immediate
vicinity of the construction shall be shown on the plans.
6. Station and elevation of all vertical grade breaks, existing (as -built) and
proposed.
7. Distance and grade between VPI's.
8. Vertical curves, when necessary, with VPI, VPC, and VPT, high or low point
(if applicable) stations and elevations. All vertical curves shall be labeled
with length of curve (L) and K=L/A where A is the algebraic difference in
slopes, in percent.
9. Profiles for all curb returns (except medians).
C. Notes
In addition to other notes required in these Standards, the following notes shall appear
on the cover sheet of all submittals containing roadway plans. If a cover sheet has not
been used, they shall be put on the sheet of the plans containing roadway design
criteria.
1. Inspection: Construction shall not begin until permits have been issued. If a
Department of Public Works site inspector is not available after proper
notice of construction activity has been provided, the permittee may
commence work in the inspector's absence. However, Kittitas County
reserves the right to not accept the improvement if subsequent testing
reveals an improper installation.
2. Paving shall not start until the mix design is accepted by the County
Engineer.
3. All stationing is based on centerline of roadways unless otherwise noted.
4. All elevations are on USGS DATUM with date. Point monument shall be
shown on construction location plans.
5. Except where otherwise provided for in these plans and specifications, the
most current editions of the WSDOT Standard Specifications and WSDOT
Standard Plans shall apply.
(Ord. 2015-010, 2015)
12.08.150 Signing and Striping Plans.
A. All traffic control devices shall be fabricated and installed in accordance with MUTCD,
current edition at the time of construction.
B. All signage and striping costs shall be the responsibility of the developer
C. Plans for traffic control during construction must be accepted prior to issuing
construction permits.
D. Signing and striping plans require acceptance prior to issuing construction permits.
E. Permanent signage and striping shall be complete and in place before any new roadway
is opened to the public. Traffic signal installation and equipment shall conform to
WSDOT Standards and Specifications. MUTCD requirements shall be met for signal
installation. All subdivisions, road improvement projects, and commercial development
must incorporate a separate signage and striping plan in accordance with the following
criteria:
Submittal - Separate signage and striping plans are to consist of an overall
area map noting all specific use areas, such as schools, parks, recreation
centers, library, commercial, industrial, etc. The pages following the area
map are to be broken down into road segments, for notation of signage
and striping details.
Review Process - There are two steps the plans must undergo for review.
a. The first step of review is a redline markup. Requirements will
be marked where necessary and the plans returned to the
developer's engineer.
b. Second, the revised plans and the marked preliminary plans
must be resubmitted for final review with a signature box
included for the County Engineer. If the final submittal is
acceptable, the County Engineer will notify the developer's
engineer to send the mylar cover sheet of the plans for sign
off.
c. Final plans shall, in all cases, be included along with the road
construction plans, utility construction plans, grading and
drainage plan, and the plat.
3. Sign Warrants - Traffic control devices which are not warranted by MUTCD
shall not be installed. When MUTCD guidelines are not applicable for a
given case, a traffic engineering study by the developer's engineer will be
required. This study will address the existing conditions, safety issues, and
the applicable warrants.
(Ord. 2015-010. 2015)
12.08.160 Range Points, Property Monuments, and Benchmarks.
A. All monuments delineating right-of-way boundaries of property or witness thereof shall
be set in accordance with this section and all applicable State of Washington laws and
regulations.
B. Any "aliquot corner" (section corner, quarter corner, etc.), as described in the Public
Land Survey System, shall be monumented per Washington State Statutes. If such a
corner falls within concrete or asphalt, a monument case and cover shall be installed to
protect and provide access to said corner.
C. If so desired, the Developer may install monument cases and covers in asphalt or
concrete for property monuments, range points, benchmarks, etc., if the boxes comply
with Kittitas County standards.
Chapter 12.9
PUBLIC ROAD CONSTRUCTION CONTROL AND INSPECTION*
Sections
12.09.010 Basis for Control of the Work.
12.09.020 Subdivision, Commercial and Right -of -Way Development Inspection.
12.09.030 Penalties for Failure to Notify for Development Inspection.
12.09.040 Embankment Construction Control in Developments.
12,09.050 Traffic Control in Development Construction.
12.09.060 County Forces and County Contract Road Inspection.
12.09.070 Call Before You Dig.
* Formerly 12.90; renumbered by Ord. 2004.13, 2004
12.09.010 Basis for Control of the Work.
A. Work performed in the construction or improvement of County roads, future county
roads, whether by or for a -private developer, by County forces, by County contractor or
by private contractor, shall be done in accordance with Kittitas County Road Standards
and approved plans (KCC 12.08). IT IS EMPHASIZED THAT NO WORK MAY BE
STARTED UNTIL SUCH PLANS ARE APPROVED. Any revision to such plans shall be
approved by the County Engineer before being implemented.
B. The County Engineer will have authority to enforce the Standards as well as other
referenced or pertinent specifications. He will appoint project engineers, assistants and
inspectors as necessary to inspect work and they will exercise authority as the County
Engineer may delegate.
C. Provisions of Section 1-05 (Control of Work) of the WSDOT Standard Specifications,
most recent edition, shall apply, with the term "Engineer" therein construed to be the
County Engineer as defined in KCC 12.02.020.
(Ord. 2015-010. 201 5)
12.09.020 Subdivision, Commercial and Right -of -Way Development Inspection.
On all road and drainage facility construction open to the public or maintained by the public,
proposed or in progress for adoption onto the county road system, which relates to subdivision,
commercial and right-of-way development, control and inspection will be done by the Department
of Public Works. Unless otherwise instructed by the County Engineer, construction events which
require monitoring or inspection are identified as follows, with prior notification to the Department
of Public Works office (Telephone 509-962-7523).
A. Preconstruction Conference: Three working days prior notice. Conference must precede
the beginning of construction and include contractor, designing engineer, utilities and
other parties affected. Plan approvals and permits must be in hand prior to the
conference.
B. Clearing and Temporary Erosion/Sedimentation Control: One working day notice prior
to initial site work involving drainage and installation of temporary water retention,
detention and siltation control. Such work to be in accordance with the approved plans.
C. Utility and Storm Drainage Installation: One working day notice prior to trenching and
placing of storm drainage systems.
D. Utility and Storm -Drainage Backfill and Compaction: One working day notice before
backfill and compaction of storm drainage systems.
E. Subgrade Completion: One working day notice at stage that underground utilities and
roadway grading are complete, to include placement of gravel base if required.
Inspection to include compaction tests and certifications described in KCC 12.08.
F. Curb and Sidewalk Forming: One working day notice to verify proper forming and
preparation prior to pouring concrete.
G. Curb and Sidewalk Placement: One working day notice to check placement of concrete.
H. Crushed Surfacing Placement: One working day notice to check placement and
compaction of crushed surfacing base course and top course.
Paving: Three working days notice in advance of paving with asphalt or Portland cement
concrete.
J. Structural: Three working days notice prior to each of critical stages such as placing
foundation piling or footings, placement and assembly of major components, and
completion of structure and approaches. Tests and certification requirements will be as
directed by the County Engineer.
K. Final Inspection: Five working days prior to overall check of roadway or drainage project
site, to include completion of paving and associated appurtenances and improvements,
cleaning of drainage system and all necessary clean-up. Prior to approval of
construction work, acceptance for maintenance and release of construction performance
bonds, the developer/contractor shall pay any required fees, submit any required
maintenance and defect financial guarantees, provide certification of monumentation
and submit one mylar set of corrected plans (as -built) reflecting all minor and design
plan changes of the roadway and drainage systems. The Department of Public Works
shall specify the number of mylar sets as warranted by the type of improvement. Mylars
shall not have any shading or adhesive addition in any areas. If original plans were
completed on a CADD system, the developer/contractor shall submit, in addition to
mylars, a copy of the CADD drawing files in .DWG format.
t Final Maintenance Inspection: 30 days prior to the end of the maintenance period. Prior
to release of the maintenance guarantee, there shall be successful completion of the
maintenance period as described in KCC 12.01.150, repair of any failed facilities and the
payment of any outstanding fees.
M. Quality Control: Contractor shall retain the services of an independent testing agency to
perform quality control/quality assurance (QC/QA). Inspection reports and testing
results shall be submitted to the Department of Public Works before close of the next
working day.
(Ord. 2015-010. 2015)
12.09.030 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 meets the standard. Failure to notify in time may oblige the County to arrange
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 until all directed tests have been completed and
corrections made to the satisfaction of the County Engineer. If necessary the County may take further
legal actions. (Ord. 2015-010, 2015)
12.09.040 Embankment Construction Control in Developments.
The provisions of Section 2-03 (Roadway Excavation and Embankment) of the WSDOT Standard
Specifications apply in all respects to development construction unless otherwise instructed by the
County Engineer. The following elements are cited for clarification and emphasis:
A. Embankment and Cut -Section Compaction: Compaction of all fill subgrade and the top
six inches of cut native subgrade shall meet a minimum 95% of maximum density in
accordance with WSDOT Standard Specifications Section 2-03.3(14) C (Compacting
Earth Embankment) - Method B.
B. Testing for Density:
1. Prior to placing any surfacing material on the roadway, it will be the
responsibility of the developer or contractor to provide density test reports
certified by a civil engineer licensed in the State of Washington. Optimum
moisture content and maximum density shall be determined by methods
cited in Section 2-03.3(14)D (Compaction and Moisture Control Tests) of
WSDOT Standard Specifications or by other tests approved by the County
Engineer. In fill sections a minimum of one test shall be taken every 1,000
cubic yards or fraction thereof and on each lift of embankment. In cut
sections the interval shall be every 100 feet of roadway. For work to be
accepted, tests must show consistent uniform density as required by the
tests referenced above.
2. In cases where tests do not meet the minimum standard, corrective action
shall be taken such as adding water, aerating, replacing material or
applying more compactive effort as directed by the developer's engineer.
Retests shall show passing densities rip or to placing the next lift of
subgrade fill.
C. Finishing Subgrade:
After subgrade preparation has been completed, it shall be thoroughly checked by the
developer or contractor using a level, string line, crown board or other means to
determine that the subgrade conforms to the typical section or special plan conditions
prior to placing any surfacing material.
(Ord. 2015-010. 2015)
12.09.050 Traffic Control in Development Construction.
A. Interim Traffic Control:
The developer's contractor shall be responsible for interim traffic control during
construction on or along traveled County roadways. When roadway or drainage work is
to be performed on County roadways that are open to traffic, the contractor will be
required to submit a traffic control plan for approval by the County Engineer prior to
beginning the work. Traffic control shall follow the guidelines of Section 1-07.23 (Public
Convenience and Safety) of the WSDOT Standard Specifications. All barricades, signs
and flagging shall conform to the requirements of the MUTCD. Signs must be legible
and visible and should be removed at the end of each workday if not applicable after
construction hours.
B. Temporary Road Closures and Detours:
When temporary road closures cannot be avoided the contractor shall post "To Be
Closed" signs and place a legal notice in the newspaper a minimum of five working days
prior to the closing. The types and locations of the signs shall be shown on a detour
plan. A detour plan must be prepared and submitted to the Department of Public Works
at least 10 working days in advance of the proposed closure, and approved prior to
closing any County roadway. In addition, the contractor must notify, in writing, local fire,
school, law enforcement authorities, postal service and any other affected persons as
directed by the County Engineer at least five working days prior to the closing.
C. Haul Routes:
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.
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 business, the contractor shall be required to
develop and use an approved haul route.
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.
D. Haul Route Agreement:
When identified as a need by the SEPA review process or by the County Engineer, a haul
route agreement shall be obtained by the franchised utility, developer or property
owner establishing restoration procedures to be performed upon completion of the
haul operation.
(Ord.2015-010 2015)
12.09.O60 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.
12.09.070 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.callbeforeyoudicr.ora. (Ord. 2015-010, 2015)
1
Chapter 12.10
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections
12.10.010 Purpose,
12.10.020 Authority.
12.10.030 Level of Service Standards.
12.10.040 Concurrency Evaluation.
12.10.050 Concurrency Determination.
12.10.060 Determination of Concurrency Finding.
12.10.070 Administrative Reconsideration.
12.10.090 Definitions.
12.10.010 Purpose.
The purpose of this chapter is to ensure that adequate transportation facilities are available or
provided concurrent with development, in accordance with the Growth Management Act R( CW
36.70A.070) and consistent with WAC 365-195-511+ and 365-195-835. No development permit shall
be issued except in accordance with this chapter. (Ord. 2011-011, 2011)
12.10.020 Authority.
The public works director, or his/her designee, shall be responsible for implementing and enforcing
this chapter. (Ord. 2011-011, 2011)
12.10.030 Level of Service Standards.
The transportation level of service standards for purposes of concurrency review are described and
contained in the Kittitas County Comprehensive Plan, Long Range Transportation Plan and any
adopted modifications. (Ord. 2011-011. 2011)
12.10.040 Concurrency Evaluation.
A. The County review of all applications for development permits shall include a
concurrency evaluation.
B. The County shall monitor what the impact of approving concurrency will be on the
capacity of transportation facilities.
C. A concurrency evaluation shall be required for all development applications in which the
proposed development is projected to have an impact upon any affected transportation
corridor or intersection. A transportation impact analysis (TIA) shall be required for all
development that will generate more than nine (9) peak hour vehicle trips unless the
requirement for a study has been waived by the Public Works director.
D. The TIA shall be prepared by and/or under the supervision of a registered engineer in
the State of Washington.
E. To establish the scope of the TIA, the developer shall follow the Public Works
Department TIA guidelines and shall provide a preliminary, limited scope analysis
documenting the estimated trip generation and distribution for the proposed
development application. The director or his designee will review and adjust, if
necessary, this information for use in establishing the analysis locations for the TIA for
the concurrency evaluation. The TIA shall, at a minimum, provide the following
information for the identified concurrency locations:
a. Number of peak hour trips generated by the development according to the
ITE trip generation manual or other method approved by the director;
b. Anticipated trip distribution;
c. The current calculated level of service of all impacted transportation
facilities;
d. The future calculated level of service of all impacted transportation facilities,
as identified by the county, incorporating traffic volumes from the
proposed development;
e. Any proposed mitigation; and
f. The future calculated level of service of all impacted transportation facilities
with the incorporation of proposed development traffic volumes and any
proposed mitigation.
g. Any adverse effects or safety hazards that are created or worsened by trips
generated by the development and the effect these trips may have on the
structural integrity of the transportation facilities.
F The TIA shall be based on traffic counts obtained within twelve (12) months of the fully
complete date of the development application as determined under Section 15A.03.040.
The traffic counts shall reflect representative traffic conditions within transportation
corridors and at intersections.
G. The Public Works director reserves the right to require a developer to provide data
and/or analysis as part of a particular TIA, where the Public Works director determines
that additional information or analysis is required to implement the standards and
requirements contained in this section.
H. The concurrency evaluation and determination shall be completed prior to:
a. Issuance of administrative approval/denial of the project permit if SEPA
review is not a requirement of the project; or
b. Issuance of the DNS, MDNS or IDS if SEPA review is a requirement of the
project; or
c. Issuance of the staff report to the hearings examiner if there is a hearing
before the hearings examiner and SEPA review is not a requirement of the
project.
Development permits for phased developments shall have the concurrency evaluation
completed for the entire project. A developer may elect to have the concurrency
evaluation undertaken for less than the entire project if and only if:
a. The director agrees to such limited evaluation; and
b. Each phase shall include all of the infrastructure to service that phase; and
c. There is a written note included in the preliminary approval for such phased
development that the traffic concurrency evaluation is limited only to the
specific phases for which approval has been provided.
i. Upon the written request of a developer, the Public Works director may waive the
requirement for a TIA where potential transportation impacts upon the affected
transportation corridor(s) and/or intersections have been adequately analyzed in prior
research or reports and/or are not projected to cause a reduction in the operating level
of affected transportation corridors and/or intersections. Developers must provide
justification for their request to include, but not be limited to, the number of trips that
will be generated by the development, where these trips will access transportation
facilities, and the distribution of the trips when entering onto transportation facilities at
multiple access points.
K. The County may undertake an independent TIA to confirm or revise the results of the
developer's TIA.
L. The County may reserve capacity on its transportation facilities for future developments
considered high priority by the County. (Ord. 2011-011. 2011)
(Ord. 2015-010, 2015)
12.10.050 Concurrency Determination.
The county shall not approve a development permit unless there are adequate transportation
facilities to meet the level of service standards for existing and approved uses, based on the forecast
peak hour traffic volumes and the committed transportation system. 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.
A. If the concurrency evaluation shows that the ratio of the forecast peak hour traffic
volume to the capacity of each transportation facility is equal to or less than the
adopted level of service standard for each impacted transportation facility, the director
shall issue a determination of concurrency finding, according to the provisions of
. This determination of concurrency finding shall include a certificate of
transportation capacity for developments that are expected to generate more than nine
(9) peak hour vehicle trips.
B. If the concurrency evaluation shows that the ratio of the forecast peak hour traffic
volume to the capacity of any transportation facility exceeds the adopted level of service
standard for any impacted transportation facility, the concurrency test is not passed and
the director shall notify the developer in writing of the denial finding. The developer
may:
1. Amend the application within 90 days in such a way to ensure that the ratio
of the forecast peak hour traffic volume to the capacity of each
transportation facility does not exceed the adopted level of service
standard for each impacted transportation facility. To meet the foregoing,
amendments may include one or more of the following:
a. Modify the project to reduce the impact on affected facilities;
b. Phase the project to coincide with planned improvements that
will ensure concurrency;
c. Mitigate the impacts of the project to ensure concurrency;
d. Arrange with the service provider to provide the additional
capacity of facilities required; and/or
e. Propose transportation strategies that will reduce the demand
for capacity;
2. Ask the director for formal reconsideration of the concurrency evaluation in
accordance with the provisions of KCC 12.10.070;
3. Withdraw the application and reapply for an evaluation when concurrency
can be ensured; or
4. Appeal the denial or imposition of conditions per " or
15A.08, based on the underlying land use decision in accordance with
36.706 RCW. (Ord. 2011-011, 2011)
(Ord. 2015-010, 2015)
12.10.060 Determination of Concurrency Finding.
A. A determination of concurrency finding shall be issued by the County for the
development permit for which a concurrency evaluation was conducted. If applicable,
payment of a fee shall be a condition prior to issuing the determination of concurrency
finding.
B. The determination of concurrency finding will include a certificate of transportation
capacity for proposed developments that are expected to generate more than nine (9)
peak hour vehicle trips. This certificate shall apply only to the specific land uses,
densities, intensities and development projects described in the approved development
permit. In the event that, subsequent to issuance of the certificate, the approved
development is modified to generate lower traffic impacts on the transportation system,
the certificate shall be modified to reflect the reduced traffic impact. In no event shall
the certificate of transportation capacity be for a greater amount of capacity than is
needed for the development proposed in the underlying permit application, except as
provided for phased development.
C. Phasing. The determination of concurrency finding shall be issued for all phases of a
development permit, except when the conditions set forth in KCC 12.10.040(1) have
been fulfilled. In this case the certificate shall be conditioned to note that certificates are
required for future phases. The certificate shall specifically identify the amount, extent
and timing of any required traffic mitigation.
D. Transferability. A certificate of transportation capacity is not transferable to other land.
The certificate of transportation capacity, once issued, shall become part of the
development permit and shall be transferred to new owners of the original land, if and
only if the development permit is so transferred to the new owners.
E. Capacity Allocations. The developer may, as part of a development permit application,
designate in writing the amount of capacity to be allocated to portions of the property,
such as lots, blocks, parcels, or tracts included in the application. Any such allocation
shall be reflected in the certificate of transportation capacity. Capacity may be
reassigned or allocated within the boundaries of the original property by application to
the director. The director shall amend the certificate accordingly.
F. Life Span of Certificate. A certificate of transportation capacity shall expire when the
accompanying development permit expires or is revoked. The certificate may be
extended according to the same terms and conditions as the accompanying
development permit. If the development permit is granted an extension, so shall the
certificate of transportation capacity. If the accompanying development permit does not
expire, the certificate of transportation capacity shall be valid for four years from the
date of issuance. The director may approve an extension of up to one year.
G. Unused Capacity. Any capacity that is not used because the developer voluntarily
surrenders the certificate, decides not to develop, or the accompanying development
permit expires, shall be returned to the available pool of capacity. (Ord. 2011-011, 2011)
(Ord. 2015-010, 2015)
12.10.070 Administrative Reconsideration.
A. The developer may request reconsideration of the results of the concurrency evaluation
within 15 days of the written notification of the evaluation results by filing a formal
request for reconsideration specifying the grounds thereof, using forms authorized by
the department.
B. The director shall reconsider the evaluation results and issue a determination within 30
days of the filing of such request either upholding the original determination or
amending it.
C. The results of an administrative reconsideration may be appealed as provided by
12.10.050(B)(4), (Ord. 2011-011, 2011)
(Ord. 2015-010, 2015)
12.10.080 Repeated.
(Ord. 2015-010, 2015)
12.10.090 Definitions.
A. "Adequate transportation facilities" means transportation facilities which have the
capacity to serve development while meeting the county's established level of service
standards.
B. "Calculated level of service" means the ratio of the forecast peak hour traffic volume to
the capacity of a transportation facility.
C. "Capacity" means the estimated directional rate of traffic flow that can be
accommodated by a given transportation facility within the peak hour and is expressed
in terms of vehicles per hour. The capacity used in the concurrency evaluation is defined
by the county and based on the committed transportation system.
D. "Capacity allocation" is a measure of the traffic generated by a development that is
assigned to use a transportation facility.
E. "Capacity pool" is a measure of the remaining capacity available on a transportation
facility that can be allocated to future developments.
F. "Certificate of transportation concurrency" is the final document issued by Kittitas
County, confirming availability and reserving capacity on the county's transportation
facilities specific to the proposed development or development permit.
G. "Committed transportation system" means the system of transportation facilities used to
calculate the level of service relative to a development proposal. It includes existing
transportation facilities and proposed facilities which are fully funded for construction in
the most currently adopted six -year transportation improvement program or for which
voluntary financial commitments have been secured in an amount sufficient to complete
the particular facility improvement. The county may make adjustments to the committed
transportation system for corrections, updates, and modifications concerning costs,
revenue sources, acceptance of facilities pursuant to dedications consistent with the
adopted Comprehensive Plan, or the date of construction (scheduled for completion
within the six -year period} of any facility enumerated in the six -year transportation
improvement program. The committed transportation system includes:
a. County roads;
b. State highways and freeways within the county;
c. Bus routes;
d. Park and ride lot locations;
e. Trails, pathways, or other nonmotorized transportation facilities;
f. High occupancy vehicle exclusive lanes; and
g. Projects to be provided by the state, cities or other jurisdictions may
become part of the committed transportation system upon decision of the
county.
H. "Change in use" means a modification to an existing building or site to accommodate a
more intensive use. A change in use is subject to concurrency determination for the new
increase in traffic only.
I. "concurrency" means that adequate transportation facilities are 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.
I "Concurrency evaluation" means the process to determine if a proposed development's
impact on transportation facilities meets the county's level of service standards set for
those affected roadways, as defined in this chapter.
K. "Determination of concurrency" means a determination by the director based on a
concurrency evaluation that shows that the development's impacts on the
transportation system will not result in the level of service of a transportation facility
falling below the adopted level of service standard for the facility.
"Department" means the Kittitas County Department of Public Works.
M. "Developer" means the person or persons legally responsible for the land use
development activity.
N. "Development permit" means any order, permit or other official action of the county
granting, or granting with conditions, an activity that requires federal, state, or local
approval for the use or modification of land or its resource. These activities include, but
are not limited to, subdivision and short subdivisions; binding site plans; planned unit
developments; variances; shoreline substantial development; and conditional use
permits. Building or construction permits are not considered for a concurrency
determination unless they create a more intensive change in use because the lot sites
for building or construction permits have already been evaluated for concurrency during
the lot creation process.
O. "Development units" means the proposed quantity of development measured by
dwelling units for residential development and square feet for specific nonresidential
use categories, which are the basis of the calculations of level of service for the
determination of concurrency.
P. "Director" means the public works director, or his/her designee.
Q. "Financial commitment" consists of the following:
a. Revenue designated in the most currently adopted six -year transportation
improvement program for transportation facilities or strategies comprising
the committed transportation system. Projects to be used in defining the
committed transportation system shall represent those projects that are
identified as funded for construction in the six years of the six -year
transportation improvement program;
b. Revenue from federal or state grants for which the county has received
notice of approval; and
c. Revenue that is assured by a developer in a form approved by the county in
a voluntary agreement.
R. "Forecast peak hour traffic volume" means a forecast peak hour traffic volume that
includes existing traffic, ambient traffic growth, traffic from other future development
projects that were applied for prior to the subject development application based on
Kittitas County records, and the traffic anticipated from the subject development.
S. "Growth Management Act" means the Washington State Growth Management Act
(Chapter 36.70A RCW E?) and any adopted amendments.
T. "ITE trip generation manual" means the manual prepared by the Institute of
Transportation Engineers, latest edition, for the purpose of assigning num,bPrs of vehicle
trips associated with various land uses.
U. "Level of service standard" means the transportation level of service standard as
adopted in the Kittitas County Comprehensive Plan based on the ratio of forecast peak
hour traffic volumes to capacity.
V. "Mitigation" means transportation demand management strategies and/or facility
improvements constructed or financed by a developer which fully offset the subject
development's impacts to a facility so that: a.) The level of service for a transportation
facility with a preexisting level of service deficiency is not further degraded; or b.) The
level of service for a transportation facility without a preexisting level of service
deficiency is not reduced below the approved level of service.
W. "Peak hour project trips" means the traffic estimated by a traffic engineer to be
generated by a proposed development during the one -hour period during which the
greatest volume of traffic uses the road system.
X. "Peak hour traffic" means traffic volumes during the one -hour period during which the
greatest volume of traffic uses the road system, as identified separately for each
segment of a transportation facility.
Y. "SEPA" means the State Environmental Policy Act (Chapter 43.21 RCW &) as
implemented by Kittitas County.
Z. "Service provider" means the jurisdiction, department or agency responsible for
providing the facility.
AA. "Six -year transportation improvement program" means the expenditures programmed
by the county for capital purposes over the next six -year period in the six -year
transportation improvement program pursuant to RCW 36,81.121 1=,�'.
BB. "Traffic engineer" means an engineer licensed in the state of Washington qualified to
perform traffic impact analyses.
CC. "Transportation facilities" means all principal arterials, minor arterials, collector arterials,
major collectors, minor collectors and local accesses in Kittitas County as defined in
12.03.
DID. "Transportation strategies" means transportation demand management strategies and
other techniques or programs that reduce single -occupant vehicle commute travel or
improve the capacity of a transportation facility and that are approved by the director.
Strategies may include but are not limited to vanpooling, carpooling, public transit,
access management, signalization and channelization. (Ord. 2011 2011)
(Ord. 2015-010. 2015)
Chapter 12.11
ROADSIDE FEATURES*
Sections
12.11.010 Roadside Features.
12.11.020 Survey Monuments.
* Formerly 12.51; renumbered by Ord. 2004.13, 2004
12.11.010 Roadside Features.
Roadside Features - All roadside features shall be designed in accordance with applicable WSDOT
Design Manuals or AASHTO Design Guidelines.
12.11.020 Survey Monuments.
A. All existing survey control monuments, which are disturbed, lost or destroyed during
surveying or construction; shall be replaced by a land surveyor registered in the State Of
Washington at the expense of the responsible developer.
B. Survey control monuments shall be placed or replaced by a licensed land surveyor as
shown on the approved construction plans in accordance with recognized good practice
in land surveying, and in accordance with the approved details for survey monuments.
C. Survey monuments are required at all road intersections, points of horizontal curvature
(PC's), points of horizontal tangency (PT's), centers of cul-de-sacs and other appropriate
locations as determined necessary by the County. Monuments at PC's and PT's may be
eliminated and replaced with a monument at the Point of Intersection (PI), if the PI falls
within the paved roadway surface.
D. A signed and sealed statement from the developer's land surveyor that all monuments
and corners indicated on the plat or construction plans have been set and are in good
condition will be required before final acceptance of the road by the County.
E. Record of the monumentation shall be made in accordance with the Survey Recording
Act.
0
Chapter 12.12
PRIVATE ROADS
Publisher's note - Chapter 12.12 Private Roads has been moved to Chapter KCC 12.04.070 Private
Road Standards. (Ord. 2015-010, 2015)
Chapter 12.13
DESIGN AND CONSTRUCTION STANDARDS FOR UTILITY
Sections
12.13.010 Design and construction standards. (Publisher's note - 12.13.010 was not enumerated in
the ordinance.)
12.13.010 Design and construction standards.
Design and construction standards for utility shall be in accordance with The Manual for
Accommodating Utilities.
i�_J
Chapter 12.14
ELECTRIC VEHICLE CHARGING STATIONS
Sections
12.14.010 On -street Electric Vehicle Charging Stations - Generally.
12.14.020 Signage.
12.14.010 On -street Electric Vehicle Charging Stations - Generally.
1. Purpose. Curbside electric vehicle charging stations adjacent to on -street parking spaces
are reserved for charging electric vehicles.
2. Size. A standard size parking space may be used as an electric vehicle charging station.
3. Location and Design Criteria.
a. Where provided, parking for electric vehicle charging purposes is required
to include the following:
i. Signage. Each charging station space shall be posted with
signage in accordance with RCW 46.08.185.
ii. Maintenance. Charging station equipment shall be maintained
in all respects, including the functioning of the charging
equipment. A phone number or other contact information shall
be provided on the charging station equipment for reporting
when the equipment is not functioning or other problems are
encountered.
iii. Accessibility. Charging station equipment located within a
sidewalk shall not interfere with accessibility requirements
of WAC 51-50-005.
iv. Clearance. Charging station equipment mounted on pedestals,
light posts, bollards or other devices shall be a minimum of 24
inches clear from the face of curb.
V. Lighting. Where charging station equipment is installed,
adequate site lighting shall exist, unless charging is for daytime
purposes only.
vi. Charging Station Equipment. Charging station outlets and
connector devices shall be no less than 36 inches or no higher
than 48 inches from the top of surface where mounted, and
shall contain a retraction device and/or a place to hang
permanent cords and connectors sufficiently above the ground
or paved surface.
vii. Charging Station Equipment Protection. When the electric
vehicle charging station space is perpendicular or at an angle
to curb face and charging equipment, adequate equipment
protection, such as wheel stops or concrete -filled steel bollards
shall be used. Appropriate signage indicating if backing in is
allowed or not shall be posted.
b. Parking for electric vehicles should also consider the following:
i. Notification. Information on the charging station identifying
voltage and amperage levels and any time of use, fees, or
safety information.
ii. Signage. Installation of directional signs at appropriate
decision points to effectively guide motorists to the charging
station space(s).
iii. Location. Placement of a single electric vehicle charging station
is preferred at the beginning or end stall on a block face.
4. Data Collection. To allow for maintenance and notification, the local permitting agency
will require the owners of any private new electric vehicle infrastructure station that will
be publicly available (see definition "electric vehicle charging station - public") to
provide information on the station's geographic location, date of installation, equipment
type and model, and owner contact information. (Ord. 2016-023, 2016; Ord. 2011-013,
2011)
12.14.020 Signage.
Signage
esshall be provided in accordance with RCW 46.08.185. (Ord. 2016-023, 2016; Ord. 2011-013,
2011)4
Chapter 12.15
WATER ON THE ROAD
Sections
12.15.010 Conduct of Water Upon or Across County Roads.
12.15.020 Violation — Penalties.
12.15.030 Damages.
12.15.040 Provisions Supplemental.
12.15.050 Severability.
12.15.010 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.
12.15.020 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_
12.15.030 Damages.
In addition to any penalties under 12.15,02, 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.
12.15.040 Provisions Supplemental.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other
remedy of law.
12.15A50 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.
Chapter 12.20
ROAD -SANDING POLICY*
Sections
12.20.010 Emergency and non -emergency.
* Formerly 12.05; renumbered by Ord. 2004.13, 2004
12.20.010 Emergency and non -emergency.
The board of county commissioners, in the best interest of the public, sets the following policy:
Sanding will be done at intersections, hills and railroad crossings. Sanding on other areas will be
done only in emergencies deemed necessary by a county commissioner of his respective district and
the county engineer. (Ord. 94-27 (part), 1994; Res. RD-8-75 (part), 1975. Formerly 12.32.010).
no
Chapter 12.21
WORK ON RIGHTS -OF -WAY*
Sections
12.21.010 Bond requirement waived for municipal corporations.
* Formerly 12.06; renumbered by Ord. 2004.13, 2004
12.21.010 Bond requirement waived for municipal corporations.
The board of county commissioners waives the bond requirement for all municipal corporations
when permits are granted to them for work on the county road right-of-way. (Ord. 94-27 (part),
1994; Vol. 1, p. 575, 1975. Formerly 12.36.010),
Chapter 12.22
VACATION OF COUNTY ROADS*
Sections
12,22.010 Vacation.
12.22.020 Resolution.
12.22.030 Freeholder's petition.
12.22.040 Director's report.
12.22.050 Notice of hearing.
12.22.060 Hearing.
12.22.070 Expense of proceeding.
12.22.080 Compensation to county as condition to vacation.
12.22.090 Vacation of roads abutting bodies of water prohibited, exception.
12.22.100 Retention of easement for public utilities and services.
12.22.110 Sale to adjacent land owners.
* Formerly 12.08; renumbered by Ord. 2004.13, 2004
12.22.010 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. 94-32
(part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.010).
12.22.020 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. 94-32
(part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.020).
12.22.030 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.
1. The petition must show the land owned by each petitioner and set forth that such
county road is useless as part of the county road system and that the public will be
benefited by its vacation and abandonment.
2. The petition shall be accompanied by an application fee in the amount specified in
Kittitas County Code Chapter 4.16. When necessary to cover the cost and expenses
incurred in the examination, report, appraisal and all proceedings pertaining to such
petition to vacate and/or abandon, the petitioners will be required to pay such
additional costs.
3. On the filing of the petition and application fee and on being satisfied that the petition
has been signed by petitioners residing in the vicinity of the county road or portion
thereof, the board shall direct the director to report upon such vacation and
abandonment. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.030).
12.22.040
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:
1. Whether the county road should be vacated and abandoned;
2. Whether the same is in use or has been in use;
3. The condition of the road;
4. Whether it will be advisable to preserve it for the county road system in the future;
5. Whether the public will be benefited by its vacation and abandonment;
6. A determination by appraisal of the fair market value of the area sought to be vacated;
7. The classification of the road area according to the type and amount of expenditures
made and the nature of the county's interest therein according to the following
classification:
a. Class A -public expenditures made
b. Class B - no public expenditures made.
8. Whether the proposed area to be vacated contains utilities.
9. All other matters which will be of interest to the board including an itemized list of costs
and expenses incurred in the examination, report, appraisal and all proceedings
pertaining to such petition to vacate and abandon. (Ord. 94-32 (part), 1994; Ord. 93-17
(part), 1993. Formerly 12,60.040).
12.22.050 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.
94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.050).
12.22.060
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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.060).
12.22.070 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.070).
12.22.080 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly
12.60.080).
12.22.090 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. 94-32 (part), 1994; Ord. 93-
17 (part), 1993. Formerly 12.60.090).
12.22.100 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly
12.60,100).
12.22.110 Sale to adjacent land owners.
The benefiting property owners will each be offered one halt 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) shad 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.110).
Chapter 12.23
UTILITY ACCOMMODATION POLICY*
Sections
12.23.010 Adoption.
* Formerly 12.12; renumbered by Ord. 2004.13, 2004
12.23.010 Adoption.
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. (Res. RD-75-
71, 1971; Res. RD-55-70, 1970).
Chapter 12.24
UNIFORM STANDARDS FOR INSTALLATION OF BURIED CABLES*
Sections
12,24.010 Standards adopted.
12.24.020 Conditions established.
12.24.030 Right-of-way line proximity.
12.24.040 Minimum cover.
12.24.050 Pipe carrier use.
12.24.060 Location markers.
12.24.070 Road crossing repair.
12.24.080 Repealed.
12.24.090 Traffic control devices.
12.24.100 County saved harmless.
12.24.110 Excavation within county road limits.
12.24.120 Item 10 of Buried Cable Specifications amended Placement location.
12.24.130 Drainage provisions.
12.24.140 Rubbish removal.
12.24.150 Supervision - Maintenance standards.
12.24.160 Location change - Removal.
12.24.170 Noncompliance.
12.24.180 Maintenance responsibility.
12.24.190 Drawings required.
12.24.200 On -site job inspection.
* Formerly 12.16; renumbered by Ord. 2004,13, 2004
12.24.010 Standards adopted.
The Uniform Standards for the Installation of Buried Cables Along Kittitas County Road Rights -of -
way is adopted and effective. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.020 Conditions established.
Conditions pertinent to placing buried cables along public rights -of -way on county roads shall be as
follows in Sections 12.16.030 through 12.16.200. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.030 Right-of-way line proximity.
The cable is to be as close to the right-of-way line as practicable, or as directed by the county road
engineer. (Res. RD § 15-65 § 1, Vol. N, p. 139, 1965).
12.24.040 Minimum cover.
The cable is to have a minimum cover of thirty inches along the road and twenty-four inches
minimum under all road ditches. (Res. RD § 15-65 § 2, Vol. N, p. 139, 1965).
12.24.050 Pipe carrier use.
Where road crossings are made over roads paved with asphaltic concrete, a pipe carrier shall be
jacked under the road to eliminate patching of pavement. (Res. RD § 15-65 § 3, Vol. N, p. 139, 1965),
12.24.060 Location markers.
At all road crossings, cable location shall be marked with suitable posts to make aware all county
maintenance forces of buried cable at the location. The cable location shall be marked when the
cable is placed parallel with the county road with suitable posts. (Res. RD § 15-65 § 4, Vol. N, p. 139,
1965).
12.24.070 Road crossing repair.
Where asphalt or light bituminous must be cut for road crossings, the permittee shall arrange for
proper repair of road crossings and to the satisfaction of the engineer. (Res. RD § 15-65 § 5, Vol. N, p.
139, 1965).
12.24.080 Deposit Fee.
Repealed by Ord. 2017-001. (Ord. 2017-001, 2017; Res. RD § 15-65 § 6, Vol. N, p. 139, 1965)
12.24.090 Traffic control devices.
The permittee shall adequately protect the public and shall furnish and maintain flagman, signs, and
other traffic control devices as outlined in Part V of the Manual on Uniform Traffic Control Devices as
warranted. (Res. RD § 15-65 § 7, Vol. N, p. 139, 1965).
12.24.100 County saved harmless.
In accepting this permit, the petitioner, his successors and assigns, agrees to protect the county and
save it harmless for 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 the performance of
any such work, character of materials used or manner of installation, maintenance and operation or
by the improper occupancy of rights -of -way or public place or structure, and in case any suit or
action is brought against the county for damages arising out of or by reason of any of the above
causes, the petitioner, his successors or assigns, will upon notice to him or them of commencement
of such action defend the same at his or their own sole cost and expense and will satisfy any
judgment after the said suit or action shall have finally been determined if adverse to the county.
(Res. RD § 15-65 § 8, Vol. N, p. 139, 1965).
12.24.110 Excavation within county road limits.
Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the
county road in such a manner as to interfere with the travel over said road. (Res. RD § 15-65 § 9, Vol.
N, p. 139, 1965).
12.24.120 Item 10 of Buried Cable Specifications amended - Placement location.
Item 10 of the Buried Cable Specifications is changed to read as follows: "Except as herein
authorized, no excavation shall be made within five feet of the edge of the pavement or traveled
roadway and no placement of buried cables is to be placed closer than one foot from the edge of
the pavement, provided proper equipment is used for such placement of buried cables." (Res. RD-
36-66, Vol. N, p. 305, 1966; Res. RD § 1565 § 10, Vol. N, p. 139, 1965).
12.24.130 Drainage provisions.
If the work done under this permit interferes in any way with the drainage of the county road, the
grantee shall wholly and at his own expense make such provision as the engineer may direct to take
care of said drainage. (Res. RD § 15-65 § 11, Vol. N, p. 139, 1965).
12.24.140 Rubbish removal.
On completion of said work herein contemplated all rubbish and debris shall be immediately
removed and the roadway and roadside shall be left neat and presentable and satisfactory to the
county road engineer. (Res. RD § 15-65 § 12, Vol. N, p. 140, 1965).
12.24.150 Supervision - Maintenance standards.
All of the work herein contemplated shall be done under the supervision and to the satisfaction of
the county road engineer and thereafter maintained in accordance with all rules and regulations
governing such construction and maintenance in the state. (Res. RD § 15-65 § 13, Vol. N, p. 140,
1965).
12.24.160 location change - Removal.
The county hereby reserves the right to order the change of location or the removal of any structure
or structures authorized by this permit at any time, said change or removal to be made at the sole
expense of the party or parties to whom this permit is issued, or their successors and assigns. (Res.
RD § 15-65 § 14, Vol. N, p. 140, 1965).
12.24.170 Noncompliance.
The county road engineer may revoke, annul, change, amend, amplify, or terminate this permit or
any of the conditions enumerated in Sections 12.16.030 through 12.16.200 if grantee fails to comply
with any or all of its provisions, requirements or regulations as herein set forth or through willful or
unreasonable neglect, fails to heed or comply with notices given or if the utility herein granted is not
installed or operated and maintained in conformity herewith or at all or for any cause or reason
whatsoever. (Res. RD § 15-65 § 15, Vol. N, p. 140, 1965).
12.24.180 Maintenance responsibility.
The party to whom this permit is issued maintains at his sole expense the structure or object for
which this permit is granted in a condition satisfactory to the county road engineer. (Res. RD § 15-65
§ 16, Vol. N, p. 140, 1965).
12.24.190 Drawings required.
Drawings will be required showing in detail all work intended by the permittee. (Res. RD § 15-65 § 17
Vol. N, p. 140, 1965).
12.24.200 On -site job inspection.
The county reserves the right to provide on -site job inspection of which said costs shall be
reimbursed by the permittee at the rate of five dollars per hour. (ices. RD § 15-65 § 18, Vol. N, p. 140,
1965).
O
Chapter 12.25
PIT RECLAMATION*
Sections
12.25.010 Policy adoption.
12.25.020 Reclamation plan.
12.25.030 Minimum standards.
12.25.040 Borrow, quarry or pit, stockpile and waste sites.
12.25.050 Borrow sites.
12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water.
12.25.070 Quarry sites.
12.25.080 Waste sites.
* Formerly 12.24; renumbered by Ord. 2004.13, 2004
12.25.010 Policy adoption.
The board of county commissioners adopts the policy set forth in Sections 12.24.020 through
12.24.080 for the operation and reclamation of all county operated borrow, quarry or pit, stockpile
and waste sites within the county. (Res. RD-16-71 (part), 1971).
12.25.020 Reclamation plan.
All county owned and leased borrow, quarry or pit, stockpile and waste sites, to be henceforth
acquired or presently operated, for the construction and maintenance of county roads and highways
by the county road department shall require a reclamation plan which shall be effected by said
county forces or the county's contractors, within two years after depletion or abandonment of the
site. The reclamation plan shall include, but not limit to the following details:
1. Site boundaries and pertinent topographic features;
2. Proposed finished ground contours or cross -sections and all final slopes;
3. Site drainage; Restoration of stream beds;
4. Methods by which contaminates are controlled;
5. Planned lakes, ponds or other bodies of water which would be beneficial for residential,
recreational, game or wildlife purposes;
6. Local zoning and/or planning, if any,
7. Type of vegetative cover, if required;
8. Proposed stockpiles or maintenance buildings;
9. Any other feature which contributes to the final appearance of the land subsequent to
restoration measures. (Res. RD-16-71 (part), 1971).
12.25.030 Minimum standards.
The county will adhere to the following minimum standards set forth in Sections 12.24.040 through
12.24.080. (Res. RD-16-71 (part), 1971).
12.25.040 Borrow, quarry or pit, stock pile and waste sites.
1. On all sites in view of a highway where excavation below roadway level is anticipated, a
strip not less than fifty feet in width shall be left undisturbed between the toe of the
highway slope and the edge of the site.
2. Slopes of sites shall be graded and dressed to appear natural with the adjacent terrain.
Slope treatment shall be provided on all slopes, except those within quarries, to effect a
rounded slope condition at the junction of the slope with the native ground.
3. An undisturbed strip of native ground not less than ten feet in width shall be left
between the outside slope treatment and the right-of-way boundaries of pit sites.
4. Strippings consisting of that material foreign to the kind of materials to be borrowed or
produced for use shall be removed and deposited within the site for later placement
over the slopes and exposed faces of the site, if deemed suitable for this purpose.
5. All such sites, upon completion of operations, shall be cleared of all rubbish, temporary
structures and equipment, and shall be left in a neat and presentable condition.
6. Vegetative cover which may consist of grass seeding, tree seeding or plant materials will
be required to achieve reclaimed sites which are compatible with the surrounding area
except that vegetative cover will not be required when the following conditions prevail:
a. Sites where adverse growing conditions would prohibit vegetative growth
and would not contribute to the compatibility of the site with the
surrounding area;
b. Those sites where the county or the owners have scheduled site
development, such as maintenance buildings, industrial or commercial
development, etc., which would be effected within two years after depletion
or abandonment of the site.
7. Maintenance operations within such sites shall be restricted to only those segments of
the site necessary for the operations underway and all stockpiled materials shall be
maintained in a neat and presentable condition. (Res. RD-16-71 (part), 1971).
12.25.050 Borrow sites.
The sides of borrow sites which require excavation in soil, sand, gravel, and other unconsolidated
materials shall be no steeper than one and one-half feet horizontal to one foot vertical. (Res. RD §
16-71 (part), 1971).
12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water.
Excavations which are of such depth that sufficient waters accumulate to form a body of water will be
reclaimed as follows:
1. Under no circumstances will stagnant or polluted waters be permitted in any site.
Should these waters accumulate remedial measures, such as draining or backfilling, will
be taken as corrective action. Backfill material shall be placed to a point one foot above
the level at which the water table was encountered when this corrective action is
selected;
2. Lakes formed in areas which may be used tar recreational purposes shall be of such
depth that will inhibit the growth of vegetative matter in the water. A minimum two foot
depth of water shall be maintained in these areas;
3. All banks adjacent to any body of water created shall be sloped or stepped as follows to
permit a person to escape from the water:
a. Soil, sand, gravel and other unconsolidated materials shall be sloped to two
feet below the low groundwater line at a slope no steeper than one and
one-half feet horizontal to one foot vertical,
b. Solid rock, or other consolidated materials shall be stepped or otherwise
constructed to maintain a safe condition.
The restoration of any borrow, quarry or pit site which results in the formation of a lake shall be the
result of careful planning and will take into consideration all factors which contribute to the ultimate
ecology of the site. (Res. RD-1671 (part), 1971).
12.25.070 Quarry sites.
The slopes of quarry walls in rock or other consolidated materials shall have no prescribed angle of
slope, but where hazardous conditions exist, the quarry shall be either graded or backfilled to a slope
of one foot horizontal to one foot vertical or other precautions must be taken to provide adequate
safety. (Res. RD-16-71 (part), 1971).
12.25.080 Waste sites.
The peaks and depressions of wasted materials shall be reduced to a gently rolling topography or a
uniformly graded surface which will minimize erosion, drain properly and which will be in substantial
conformity with the immediately surrounding terrain.
The county road department shall cooperate with other governmental and private agencies in this
state and agencies of the federal government in an effort to provide land reclamation of the sites
used for the hereinbefore described purposes which will be in the best interests of all concerned.
(Res. RD-16-71 (part), 1971).
0
Chapter 12.28
ROAD INTERSECTION ILLUMINATION POLICY
Sections
12.28.010 Adopted.
12.28.010 Adopted.
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. (Res. RD-27-73, 1973).
01
Chapter 12.30
DRIVEWAYS, ACCESSES, WALKS AND TRAILS
(Deleted by Ordinance 2004-13)
0
Chapter 12.32
ROAD -SANDING POLICY
(Renumbered to 12.20 by Ordinance 2004-13)
(Renumbered to 12.05 by Ordinance 94-27)
O
Chapter 12.36
WORK ON RIGHTS -OF -WAY
(Renumbered to 12.21 by Ordinance 2004-13)
(Renumbered to 12.06 by Ordinance 94-27)
0
Chapter 12.40
SURFACING REQUIREMENTS
(Deleted by Ordinance 2004-13)
Co
Chapter 12.44
RIGHT-OF-WAY ACQUISITION AND MAINTENANCE
Sections
12.44.010 Acquisition generally.
12.44.020 Preliminary activities.
12.44.030 Appraisal methods and procedures Review.
12.44.040 Just compensation for property - Establishment procedure.
12.44.050 Purchase - Additional requirements - Unsuccessful negotiation.
12,44.060 Donation - Additional requirements.
12.44.070 Eminent domain proceedings - Board of county commissioners authority.
12.44.080 Disposition of salvageable items - County engineer responsibility.
12.44.090 Relocation assistance.
12.44.100 Funds available from government agencies - Compliance with agency guidelines required.
12.44.010 Acquisition generally.
1. Rights -of -way for Kittitas County roads are acquired generally as follows:
a. Dedications in accordance with applicable Kittitas County ordinances;
b. Donation by the landowner and acceptance by the county engineer acting
for the board of county commissioners;
c. Purchase by the county engineer acting for the board of county
commissioners;
d. Condemnation through eminent domain proceedings instituted by the
board of county commissioners;
e. Transfer from another governmental agency.
2. The determination of the manner of acquisition of rights -of -way is made on a project -
by -project basis by the board of county commissioners.
3. Rights -of -way for projects funded in whole or in part by federal funds, or which are
anticipated to be funded in whole or in part by federal funds at future stages of
development, as determined by the board of county commissioners, will be acquired in
accordance with Public Law 91-646, "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" and RCW 8.26. "Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1971 ". (Ord. RD-40-76 (part), 1976).
12.44.020 Preliminary activities.
1. When a determination has been made that rights -of -way for any project will be
acquired in accordance with the foregoing acts, the procedures set forth in this section
and Sections 12.44.030 through 12,44.100 shall be utilized.
2. Preliminary Activities. The county engineer shall prepare and/or obtain the following:
a. Right-of-way maps delineating:
i. Individual ownerships,
ii. Individual parcels of right-of-way,
iii. Right-of-way parcel identification numbers,
iv. Existing ground or road profile and designed road profile,
when applicable,
V. Private approaches marked with Permit No. or None,
vi. Required approach revisions together with construction
easement areas required,
vii. Drainages, and revisions together with easements required,
viii. Irrigation facilities (private and public) and revisions together
with easements required,
ix. Any other facilities, structures or uses that are affected by the
right-of-way acquisition and road improvement;
NOTE:
Individual ownership and parcel maps may be necessary to
provide proper delineation. Items (E) through (1) must be
considered preliminary until after appraisal or other contact
has been made with the land owner.
b. Limited liability title report for each parcel;
c. Legal descriptions for each parcel of right-of-way;
d. Proposed agreements, as required, for drainage, irrigation, approach or
other revisions for each parcel;
e. Preliminary estimate of right-of-way costs for:
i. Land and/or easements if to be purchased. If acquisition is to
be by donation, no estimate of land is necessary,
ii. Facility revisions (other than approaches which will be included
in construction),
iii. Appraisal and appraisal review (except where donation is
expected),
iv. Negotiations.
3. The county engineer shall present the right-of-way maps, preliminary estimate, and
proposed method of acquisition to the board of county commissioners, for approval.
4. If rights -of -way are to be acquired with federal funds, the county engineer shall submit
the approved right-of-way plan to the District Engineer, Washington State Department
of Highways, for authorization to proceed. (Res. RD-40-76 (part), 1976).
12.44.030 Appraisal methods and procedures - Review.
In the case of acquisition by other than donation, the following procedures shall apply:
1. Appraisals will be undertaken, for those parcels to be acquired by purchase, by one of
the following methods:
a. By county engineer department personnel, on those parcels involving other
than complicated and higher valued lands;
b. By other government agency appraisers upon mutual agreement therefore,
or by qualified fee appraisers.
2. All appraisers shall include the following in their appraisal procedures:
a. Owners must be given an opportunity to accompany each appraiser during
his inspection of the property.
b. No increase or decrease in fair market value due to the project, except
physical deterioration, is to be considered in the valuation of the property.
c. Appraisals are not to give consideration nor include any allowance for
relocation assistance benefits.
3. Appraisal reviews will be undertaken by the county engineer and a recommendation
made as to just compensation. The owner is not to be left with an uneconomic remnant
which Kittitas County does not make an offer to acquire, (Res. RD-40-76 (part), 1976).
12.44.040 Just compensation for property - Establishment procedure.
1. The appraisal review and just compensation recommendation shall be transmitted to the
board of county commissioners, and the chairman, upon review of the recommendation
and concurrence therein by the board, shall approve same and execute a letter to the
owner setting forth the amount of just compensation, a summary of the basis for the
amount of just compensation, and where appropriate, the just compensation for real
property to be acquired, and damages are to be stated separately.
2. If the board, upon its review, finds it cannot concur in the recommended just
compensation, the appraisal review shall be returned, with reasons therefore, to the
person making the appraisal review, who shall again review the appraisal together with
the reasons for non -concurrence, take appropriate action as to the recommended just
compensation and forward same to the board for its disposition. (Res. RD-40-76 (part),
1976).
12.44.050 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:
1. Mail, by certified return receipt, all of the letters otjust compensation to all parties
having a known interest in each parcel;
2, Arrange to acquire the parcels by negotiation in an expeditious manner provided a
reasonable settlement can be negotiated. There must be no action 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 parcel;
3. Provide for relocation assistance when same is required due to displacement of persons,
businesses or farms;
4. Complete the acquisition making certain that:
a. An equal interest is acquired in all buildings etc. located upon the real
property acquired.
b. All recording fees, transfer taxes, etc., penalty costs for prepayment of a
pre-existing mortgage and the pro rata share of real property taxes paid
subsequent to vesting title in Kittitas County, are paid by Kittitas County.
5. If negotiations are unsuccessful, as evidenced by documented offers and attempts to
arrive at a reasonable settlement, the county engineer shall summarize the same in a
written report to the board of county commissioners for a determination as to further
steps to be taken. (Res. RD-40-76 (part), 1976).
12.44.060 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 subsections (b) and (c) of Section 12.44.020 the
county engineer shall:
1. Prepare and mail letters to all parties having a known interest in parcel expected to be
donated. Said letters shall set forth the rights of the parties to receive just compensation
for the title being acquired, that donation of said title is requested, and that the parties
in making the donation will be required to execute a waiver of the just compensation.
The letter shall also include proposed agreements for the relocation or replacement of
any facilities affected by the acquisition and improvements together with arrangements
for funding the same.
2. Arrange to acquire the parcels by donation in an expeditious manner.
3. Complete the acquisition making certain that all recording fees, transfer taxes, etc., and
the pro rata share of real property taxes paid subsequent to vesting title in Kittitas
County, are paid by Kittitas County. (Res. RD-40-76 (part), 1976).
12.44.070 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. (Res. RD-40-76 (part), 1976).
12.44.080 Disposition of salvageable items - County engineer responsibility.
The disposition of all salvageable items acquired with property shall be accounted for by the county
engineer. (Res. RD-40-76 (part), 1976).
12.44.090 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:
1. If there are no displacements the county engineer shall make a negative finding and
report.
2. if displacements will occur, the county engineer shall prepare and carry out a relocation
assistance plan in compliance with the foregoing acts, or arrange for another
government agency, competent in relocation assistance, to do the same, upon mutual
agreement therefore. (Res. RD-40-76 (part), 1976).
12.44.100 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. (Res. RD-40-76
(part), 1976).
(y)
Chapter 12.48
RIGHT-OF-WAY ACQUISITION FOR PROJECTS INVOLVING FEDERAL
FUNDS
Sections
I POLICY STATEMENT
12.48.010 Policy statement.
II PERSONNEL AND DUTIES
12.48.020 County director of public works.
12,48.030 Appraiser.
12.48.040 Real property agent.
III FEDERAL AID REQUIREMENT CHECKLIST
12.48.050 Utilization.
12.48.060 Real property must be appraised before initiation of negotiations with owner.
12.48.070 Owners must be given opportunity to accompany each appraiser during inspection of
property.
12.48.080 Acquiring agency must establish just compensation before initiation of negotiations with
owners.
12.48.090 No increase or decrease in fair market value due to project except physical deterioration to
be considered in valuation of property.
12.48.100 Appraisals not to give consideration nor include allowance for relocation assistance
benefits.
12.48.110 Owner not to be left with uneconomic remnant that acquiring agency did not offer to
acquire.
12A8.120 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.
12.48.130 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.
12.48.140 All displaced persons must be given ninety -day notice in advance of date required to
move.
12.48.150 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.
12.48.160 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.
12.48.170 Acquiring county must acquire equal interest in all buildings, etc., located upon real
property acquired.
12.48.180 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.
12.48.190 No property owner can voluntarily donate property prior to being informed of right to
receive just compensation.
12.48.200 Provisions made for rodent control.
12.48.210 No owner intentionally required to institute legal proceedings to prove fact of taking real
property.
12.48.220 Use of federal aid project number.
I POLICY STATEMENT
12.48.010 Policy statement.
1. The county of Kittitas, hereinafter referred to as the county, desiring to acquire real
property in accordance with the state Uniform Relocation Assistance and Real Property
Acquisition Act (RCW 8.26) and state regulations MAC 365-24) for projects involving
federal funds, adopts the following procedures to implement the above statute and
Washington Administration Code.
2. The department of public works of the county is responsible for the real property
acquisition and relocation activities on projects administered by the county. To fulfill the
property acquisition -relocation assistance role in development and implementation, the
department of public works has the following expertise and personnel capabilities and
accomplishes these functions under the following procedures. (Res. DPW-3-80 (part),
1980).
II PERSONNEL AND DUTIES
12.48.020 County director of public works.
The county director of public works is a civil engineer licensed in the state of Washington:
1. Administers all activities of applicable departments including support to the county
prosecuting attorney, environmental law compliances and the property acquisition
programs for the county. Assures compliances with appropriate county ordinances and
resolutions, and with state statutes, rules and regulations which pertain to real property
acquisition and relocation assistance;
2. Administers all appraisal activities, including estimates of right-of-way costs and
appraisals of fair market value to assure that the county appraisal process complies with
appropriate county and state statutes, laws, rules and regulations. Coordinates and
assigns all appraisal work, hires contract (fee) appraisers, maintains permanent files on
all appraisals. Reviews all appraisals to determine the adequacy and reliability of
supporting data and to approve an adequately supported appraisal report which
represents fair market value;
3. Advises owners of need for project, of impact upon their property and of their rights
under Public Law RCW 8.26. Reviews project plans, appraisals, reviews appraisals and
instruments for adequacy as to real property considerations;
4. Requests condemnation procedure where necessary. Sets up escrows and instructions;
5. In compliance with county and state statutes, laws, rules and regulations, gives notice of
relocation assistance of the time of or subsequent to initiation of negotiations according
to time limits determined by the funding agency. Prepares letter to property owner
explaining entitlements. If the project does not require relocation, prepares letter
disclaiming necessity to prepare relocation plan (negative relocation statement);
6. If the project requires relocation assistance, prepares a relocation assistance program
plan and carries out the same; or arranges for another government agency, competent
in relocation assistance, to do the same, upon mutual agreement therefore. (Res. DPW-
3-80 (part), 1980).
12.48.030 Appraiser.
The county utilizes the services of the county assessor and his 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. (Res. DPW-3-80 (part), 1980).
12.48.040 Real property agent.
The real property agent:
1. Actively negotiates with owners to acquire real property in conformance with all laws,
rules and regulations;
2. This function would either be performed by a department staff person, at the direction
of the director of public works; the county prosecuting attorney; or a private individual
retained by the county for this purpose. (Res. DPW-3-80 (part), 1980).
III FEDERAL AID REQUIREMENT CHECKLIST
12.48.050 Utilization.
Utilization. The following federal aid requirement checklist shall be utilized in acquiring property for
the county. (Res. DPW-3-80 (part), 1980).
12.48.060 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. (Res.
DPW-3-80 (part), 1980).
12.48.070 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 his inspection of the property. Appointment should be made at the owner's
convenience. (Res. DPW-3-80 (part), 1980).
12.48.080 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. (Res. DPW3-80
(part), 1980).
12.48.090 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. (Res. DPW-3-80 (part), 1980).
12.48.100 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. (Res. DPW-3-80 (part), 1980).
12.48.110 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. (Res. DPW-3-80 (part), 1980).
12.48.120 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. (Res. DPW-3-80 (part), 1980).
12.48.130 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. (Res. DPW-3-80 (part), 1980).
12.48.140 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. (Res. DPW-3-80 (part), 1980).
12.48.150 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. (Res. DPW-3-80 (part), 1980).
12.48.160 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. (Res. DPW-3-80 (part), 1980).
12.48.170 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. (Res. DPW-3-80 (part), 1980).
12.48.180 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:
1. Recording fees, transfer taxes, and similar expenses incidental to conveying such real
property to the acquiring county;
2. Penalty costs for full or partial prepayment of any preexisting recorded mortgage
entered into in good faith encumbering such real property,
3. The pro rata share of real property taxes paid which are allocable to a period
subsequent to the date of vesting title in acquiring county, whichever is the earlier. (Res.
DPW-3-80 (part), 1980).
12.48.190 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. (Res. DPW-3-80 (part), 1980).
12.48.200 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. (Res. DPW-3-80 (part), 1980).
12.48.210 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. (Res. DPW-3-80 (part), 1980).
12.48.220 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. (Res. DPW-380 (part), 1980).
Chapter 12.50
SIGNS ALONG RIGHTS -OF -WAY
Sections
12.50.010 Commercial signs prohibited.
12.50.020 Removal of commercial signs.
12.50.010 Commercial signs prohibited.
It shall be the policy of the county that commercial signs shall not be permitted within the right-of-
way of county roads. (Ord. 94-18 (part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.010).
12.50.020 Removal of commercial signs.
Removal of commercial signs. The county road department is instructed to remove any signs
prohibited by Section 12.40.010 which are found along the right-of-way of county roads. (Ord. 94-18
(part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.020).
M
Chapter 12.51
ROADSIDE FEATURES
(Renumbered to 12.11 by Ordinance 2004-13)
0
Chapter 12.52
MAILBOX LOCATIONS
(Repealed by Ordinance 94-32)
Co
Chapter 12.56
FRANCHISES FOR USE OF ROADS AND OTHER COUNTY PROPERTIES
Sections
12.56.010 Applicability.
12.56.020 Rights of grantee.
12.56.030 Bond of grantee.
12.56.040 Approval of plans and specifications Supervision.
12.56.050 Application for permit - Inspection and supervision expenses.
12.56.060 Commencement of work.
12.56.070 Quality of work - Safety precautions.
12.56.080 Restoration.
12.56.090 County held harmless.
12.56.100 Damage to grantee's installation.
12.56.110 Underground facilities.
12.56.120 Work by county.
12.56.130 Improvement of county roads.
12.56.140 Installation of county utilities.
12.56.150 Vacation of streets - City incorporation.
12.56.160 Condemnation.
12.56.170 Non -exclusivity - Work not to interfere - Prior utilities' preference.
12.56.180 Successors in interest.
12.56.190 Independent contractors.
12.56.200 Revocation of franchise.
12.56.210 Amendments to chapter.
12.56.220 Acceptance by grantee.
12.56.010 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.
82-7 § 1, 1982).
12.56.020 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.
2021-015. 2021;Ord. 82-7 § 5,1982).
12.56.030 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. 82-7 § 20, 1982).
12.56.040 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. 827 § 6, 1982).
12.56.050 Application for permit - Inspection and supervision expenses.
1. Before any work is done by the grantee under such franchise, it/he shall first file with the
director of public works an application for permit to do such work accompanied by such
supporting documents and/or field information as the director of public works may
require. The grantee shall specify the class and type of material to be used and provide
sufficiently detailed plans so as to adequately show the type and extent of work to be
performed upon the rights -of -way. All material and equipment shall conform to or
exceed the standards of the industry. When requested by the director of public works,
the manner of excavation, construction installation, backfill and the type and size of
temporary structures, including traffic turnouts, road obstructions, etc., shall be
submitted for approval.
2. The grantee shall pay to the county the actual cost and expenses incurred in the
examination, necessary inspection and supervision of such work granted by the permit
and done by the grantee or by an independent contractor under the franchise of the
grantee. (Ord. 82-7 § 7, 1982).
12.56.060 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. 82-7 § 8, 1982).
12.56.070 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. 82-7 § 2, 1982).
12.56.080 Restoration.
I. The grantee shall leave all streets, avenues, alleys, roads, highways, rights -of -way and
other county properties, after laying and installing mains and doing construction work,
making repairs to equipment, etc., in as good and safe condition in all respects as they
were before the commencement of such work by the grantee, its/his agents or
contractors, and all recorded monuments which have been disturbed or displaced by
the work shall be reset to the specifications and approval of the director of public works.
2. In case of any damage to the streets, avenues, alleys, roads, highways, rights -of -way or
other county properties, or to paved or surfaced roadways, turnouts, gutters, ditches,
wood or concrete walls, drain pipes, hand or embankment rails, bridges, trestles,
wharves, landings or monuments by the grantee, the grantee agrees to immediately
repair the damage at its/his own sole cost and expense.
3. When the director of public works determines that an emergency situation does exist,
he may order and have done any and all work considered necessary to restore to a safe
condition any such street, avenue, alley, road, highway, right-of-way or other county
property left by the grantee or agents in a condition dangerous to life or property. He
may cause to be replaced or reset recorded monuments if a grantee fails to replace or
reset same within a reasonable time after completion of construction. The grantee, upon
demand, shall pay to the county all costs of such construction or repair and of doing
such work. (Ord. 82-7 § 9, 1982).
12.56.090 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. 82-7 § 10, 1982).
12.56.100 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. 82-7 § 11, 1982).
12.56.110 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. 82-7 § 19, 1982).
12.56.120 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. 82-7 § 12, 1982).
12.56.130 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. 82-7 § 13, 1982).
12.56.140 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. 82-7 § 14, 1982).
12.56.150 Vacation of streets - City incorporation.
1. Whenever any of the streets, avenues, alleys, roads, highways, rights -of -way or public
places designated in such franchise shall be eliminated from the county jurisdiction by
reason of the incorporation or annexation to a city, then all the rights, privileges and
franchises so granted shall terminate in respect to the streets, avenues, alleys, roads,
highways, rights -of -way and public places so eliminated.
2. If at any time the county vacates any county street, avenue, alley, road, highway, right-
of-way or other county property which is subject to rights granted by the franchise and
the vacation is for the purpose of acquiring the fee or other property interest in the
road, right-of-way or other county property for the use of the county, in either its
proprietary or governmental capacity, then the board of county commissioners may, at
its option, by giving ninety days' written notice to the grantee and after granting an
alternate route, terminate this franchise with reference to such county road, right-of-way
or other county property so vacated, and the county shall not be liable for any damages
or losses to the grantee by reason of such termination and the grantee shall move its
franchise at its own cost. (Ord. 82-7 § 3, 1982).
12.56.160 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.
82-7 § 4, 1982).
12.56.170 Non -exclusivity - Work not to interfere - Prior utilities' preference.
1. The grants and privileges herein enumerated shall not be deemed or held to be an
exclusive franchise. It shall in no manner prohibit the county from granting other
franchises of a like nature or franchises for other public or private utilities over, along,
across, under and upon any of the streets, avenues, alleys, roads, highways, rights -of -
way or other county properties as herein enumerated, and shall in no wise prevent or
prohibit the county from using any of the streets, avenues, alleys, roads, highways,
rights -of -way or other county properties or affect its jurisdiction over them or any part
of them.
2. All construction or installation of mains, valves, pipes, poles, cables, lines, fittings and
facilities, service, repair, or relocation of the same, performing along, over and/or under
the county roads, rights -of -way or other county properties subject to the franchise shall
be done in such a manner as not to interfere with the construction and maintenance of
other utilities, public or private, drains, drainage ditches and structures located therein,
nor with the grading or improvement of such county roads, rights -of -way or other
county properties.
3. The owners of all other utilities, public or private, installed in such county roads, rights -
of -way or other county properties prior in time to the lines and facilities of the grantee,
shall have preference as to the positioning and location of such utilities so installed with
respect to the grantee. Such preference shall continue in the event of the necessity of
relocating or changing the grade of any such county road or right-of-way. (Ord. 82-7 §
15, 1982),
12.56.180 Successors in interest.
All the provisions, conditions, regulations and requirements herein contained shall be
binding upon the successors, assigns and independent contractors of the grantee, and
all rights and privileges of the grantee shall insure to its/his successors, assigns and such
contractors equally as if they were specifically mentioned herein whenever the grantee is
mentioned.
2. The grantee, its/his successors and assigns shall have the right to sell, transfer or assign
the franchise upon giving written notice of its/his intention to do so not less than sixty
days in advance of the date of any proposed transfer to the clerk of the board of county
commissioners of the county. (Ord. 82-7 § 16, 1982).
12.56.190 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. 82-7 § 21,
1982),
12.56.200 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. 82-7 § 17, 1982).
12.56.210 Amendments to chapter.
1. The county reserves for itself the right at any time to change, amend, modify or amplify
any of the provisions or conditions herein enumerated to conform to any state statute
or county regulation or to protect the public welfare, health or safety as the county may
deem appropriate, and such franchise may thereafter be terminated as provided in
Section 12.56.200 if such change, amendment, modification or amplification of this
chapter are not complied with.
2. The grantee, notwithstanding any other terms of such franchise appearing to the
contrary, shall be subject to the police power of the county to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in such franchise. (Ord. 82-7 § 18, 1982).
12.56.220 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. 82-7 § 23, 1982).
Chapter 12.60
BRIDGES
(Renumbered to 12.07 by Ordinance 2004.13)
Chapter 12.70
STORM WATER MANAGEMENT STANDARDS AND GUIDELINES
(Renumbered to 12.06 by Ordinance 2004.13)
ro!
Chapter 12.80
ISSUANCE OF PERMITS TO PERFORM WORK ON COUNTY ROAD
RIGHTS -OF -WAY
Sections
I. Provisions Generally
12.80.010 Ownership responsibility.
12.80.020 Acquiring permits.
12.80.030 Cost of restoration and repair.
12.80.040 Adoption.
11. Accommodation of Utilities on County Road Right -of -Way
12.80.100 Purpose.
12,80.110 Application.
12.80.120 Definition of terms.
12.80.130 General conditions and requirements - Location.
12.80.140 General conditions and requirements Design - General.
12.80.150 General conditions and requirements Standards and codes.
12.80.160 General conditions and requirements - Adjustment and relocation of existing facilities.
12.80.170 Permits - General requirements.
12.80.180 Permits - Specific requirements.
12.80.190 Underground utilities - Location and alignment.
12.80.200 Underground utilities - Cover.
12.80.210 Underground utilities Encasement.
12.80.220 Underground utilities - Uncased carriers.
12.80.230 Underground utilities Appurtenances.
12.80.240 Underground utilities - Installation.
12.80.250 Underground utilities - One call system.
12.80.260 Overhead utilities - Power and communication lines.
12.80.270 Aesthetic/scenic considerations.
12.80.280 Installations on roadway bridges and structures.
12.80.290 Preservation, restoration and cleanup.
12.80.300 Traffic control and public safety.
12.80.310 Emergency repairs.
1. Provisions Generally
12.80.010 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. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.010).
12.80.020 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.
94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.020).
12.80.030 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. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.030).
12.80.040 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. 94-18 (part),
1994; Ord. 92-30 (part), 1992. Formerly 12.20.040).
Il. Accommodation of Utilities on County Road Right -of -Way
12.80.100 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. 94-18 (part), 1994; Ord. 92-30
Exh. A § 1, 1992. Formerly 12.20.100).
12.80.110 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. 94-18 (part), 1994; Ord. 92-30 Exh. A §
2, 1992. Formerly 12.20.110).
12.80.120 Definition of terms.
Unless otherwise stated, words and phrases used herein shall have the following meanings:
Appurtenance
Equipment and/or accessories which are a necessary part of an operating utility system or
subsystem.
Backfill
Replacement of excavated material with suitable material compacted as specified.
Boring
Grade and alignment controlled mechanical or other method of installing a pipe or casing
under a road without disturbing the surrounding medium.
Carrier
Pipe directly enclosing a transmitted fluid or gas.
Casing
A larger pipe enclosing a carrier for the purpose of providing structural or other protection to
the carrier and/or to allow for carrier replacement without re -excavation, jacking or boring.
Coating
Protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion
and/or corrosion damage.
Conduit
An enclosed tubular runway for protecting wires or cables.
Cover
Depth to top of pipe, conduit, casing or gallery below the grade of a road or ditch.
Drain
Appurtenances to discharge accumulated liquids from casings or other enclosures.
Encasement
Structural element surrounding a pipe or conduit for the purpose of preventing future
physical damage to the pipe or conduit.
Franchise
Occupancy and use document granted by the county required for occupancy of road rights
of way in accordance with Chapters 36.55 and 80.32.
Gallery
Underpass for two or more utility lines.
Manhole
An opening in an underground utility system into which workers or others may enter for the
purpose of making installations, inspections, repairs, connections, cleaning, and testing.
Pavement
The combination of subbase, base course, and surfacing placed on a subgrade to support the
traffic load and distribute it to the subgrade.
Permit
A document issued under the authority of (1) the County Engineer (or Public Works Director)
and/or (2) a franchise granted by the County's legislative authority. The permit provides
specific requirements and conditions for specific utility work at specific locations within the
right-of-way.
Pipe
A structural tubular product designed, tested, and produced for the transmittance of specific
liquids and gases under specific conditions.
Plowing
Direct burial of utility lines by means of a 'plow' type mechanism which breaks the ground,
places the utility line at a predetermined depth, and closes the break in the ground.
Pressure
Internal gage pressure in a pipe in pounds per square inch, gage (prig).
Private lines
Privately owned, operated and maintained utility facilities devoted exclusively to the use of
the owner.
Relocation
Planned change of location of an existing facility to a more advantageous place without
changing the character or general physical nature of the facility.
Replacement
Installation of a like element of a utility system or subsystem in the same or near -same
physical location normally due to damage, wear or obsolescence of the element.
Restoration
All work necessary to replace, repair or otherwise restore the right-of-way and all features
contained within to the same or equal condition as before any change or construction
thereto.
Right-of-way
A general term denoting public land, property, or interest therein, usually in a strip, acquired
for or devoted to transportation or secondary purposes.
Road (or roadway)
A general term denoting a street, road or other public way, including shoulders, designated
for the purpose of vehicular traffic.
Sleeve
Short casing through a pier, wall or abutment of a highway structure.
Traffic control
Those activities necessary to safeguard the general public, as well as all workers, during the
construction and maintenance of utility facilities within the right-of-way.
Trenched
Installation of a utility in an open excavation.
Untrenched
Installation of a utility without breaking the ground or pavement surface such as by jacking
or boring.
Vent
Appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Ord. 94-18 (part), 1994; Ord, 92-30 Exh. A § 3, 1992. Formerly 12.20.120).
12.80.130 General conditions and requirements - Location.
1. Utility installations shall be located to minimize need for later adjustment to
accommodate future roadway improvements and to permit access to servicing such
installations with minimum interference to roadway traffic. Counties shall make available
to utilities a copy of their six -year transportation improvement program (or capital
facilities and transportation plan where required) in order to minimize both utility
customer and road user inconvenience should future road improvements (on existing or
new alignment) require adjustment or relocating of the utility facilities. Said utilities
shall, within the limits of standard business practice, make available appropriate short
and long range development plans to the county.
2. Unless otherwise approved by the county, all above -ground utilities and their
appurtenances as well as all above -ground appurtenances of below -ground utilities that
may constitute a roadside obstacle for traffic using the road shall be located as close as
practicable to the edge of the right-of-way line. If an appurtenance within the right-of-
way would constitute an unacceptable roadside obstacle, said obstacle may be:
a. relocated to another place within the right-of-way,
b. converted to a break -away design,
c. crash -protected, or
d. relocated to another location off the road right-of-way.
3. Installations that are required for a road purpose, such as street lighting or traffic
signals, are to be located and designed in accordance with this policy.
4. Where existing facilities are in place, new facilities shall be compatible with the existing
installations and conform to this policy as nearly as practicable. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 4A, 1992. Formerly 12.20.130).
12.80.140 General conditions and requirements - Design - General.
1. The utility shall be responsible for the design of the utility facility being proposed. This
responsibility shall include, in addition to the integrity of the proposed utility facility,
provisions for public safety during the course of construction, as well as consideration of
traffic safety and accident potential for the life of the installation.
2. For work requiring application to the county, the county may review and approve the
utility's plans with respect to:
a. location,
b. the manner in which the utility facility is to be installed,
c. measures to be taken to preserve safe and free flow of traffic,
d. structural integrity of the roadway, bridge, or other structure,
e. ease of future road maintenance, and appearance of the roadway.
3. Provision shall be made for known or planned expansion of the utility facilities,
particularly those located underground or attached to bridges or other structures within
the right-of-way.
4. Granting of a franchise or permit shall not imply or be construed to mean the county
shall be responsible for the design, construction, or operation of the facility or for public
safety during the facility's installation, operation, or maintenance. (Ord. 94-18 (part),
1994; Ord. 9230 Exh. A § 4B, 1992. Formerly 12.20.140).
12.80.150 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. 94-18 (part), 1994; Ord. 92-30 Exh. A §
4C, 1992. Formerly 12.20.150).
12.80.160 General conditions and requirements - Adjustment and relocation of existing
facilities.
1. Existing underground utilities on county road right-of-way may be removed or relocated
when road work funded by the county would disturb the existing underground utility.
All such removal or relocation shall be at the sole expense of the owning utility and all
work must be accomplished by the same permitting process as for new installations.
2. Notwithstanding reinforcement or protection otherwise provided, a permittee shall be
responsible for the security of each existing pipeline and utility within a road
construction zone. Where there are unusual utility hazards or where heavy construction
equipment will be used, the permittee shall provide adequate temporary protection. In
replacing the roadway, the design should give due consideration to the protection of
previously existing utilities in the roadway section without sacrificing the geometrics of
roadway design. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 5A, 1992. Formerly
12.20.160).
12.80.170 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. 94-18 (part), 1994; Ord. 92-30 Exh. A § 5A, 1992. Formerly 12.20.170).
12.80.180 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:
1. Agreement to all pertinent provisions of this policy and to such special conditions as the
county may deem appropriate.
2. Description of the facilities to be installed.
3. Adequate exhibits depicting existing or proposed location of the facility in relation to
the road, including right-of-way or easement lines; relationship to currently planned
road revisions, if applicable; and all locations and situations for which deviations in
depth of cover (including the proposed method of protection) or other locational
standards are anticipated. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 5B, 1992.
Formerly 12.20.180).
12.80.190 Underground utilities - Location and alignment.
1. For all crossings, the angle of crossing should be as near a right angle to the road
centerline as practicable. However, lesser angles may be permitted based upon
economic considerations of practical alternatives.
2. Where practicable, crossings should avoid deep cuts, footings of bridges and retaining
walls, or locations where highway drainage would be affected.
3. Longitudinal installations should run parallel to the roadway and lie as near as
practicable to the right-of-way line. Installations which cannot be so installed will be
allowed within the right-of-way, provided that:
a. The installation will not adversely affect the design, construction, stability,
structural integrity, traffic safety, or operation of the road facility; or
b. Failure to allow such installation will create an undue hardship or financial
burden upon the utility.
4. Where irregularly shaped portions of the right-of-way extend beyond the normal right-
of-way limits, a uniform alignment of facilities shall be allowed. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 6A, 1992. Formerly 12.20.190).
12.80.200 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. 94-18 (part), 1994; Ord. 92-
30 Exh. A § 613, 1992. Formerly 12.20.200).
12.80.210 Underground utilities - Encasement.
1. Casings shall be installed for roadway crossings where required by appropriate industry
code.
2. Casings may be required for the following conditions:
a. As an expediency in the insertion, removal, replacement, or maintenance of
a carrier line crossing or other locations where it is necessary in order to
avoid open trench construction.
b. As protection for carrier lines from external loads or shock either during or
after construction of a road.
c. For jacked or bored installations of coated carrier lines unless assurance is
provided to the county that there will be no damage to the protective
coating.
3. Within the road right-of-way, where practicable, casing pipes shall extend beyond the
toe of fill slopes, back of roadway ditch, or outside of curb.
4. Other than for necessary vents and/or drains, casing pipes shall be sealed at both ends.
5. Casing pipes shall be designed to support the load of the road and superimposed loads
thereon and, as a minimum, shall equal the structural requirements for road drainage
facilities. Casings shall be composed of materials of sufficient durability to withstand
conditions to which they may normally be exposed. (Ord. 9418 (part), 1994; Ord. 92-30
Exh. A § 6C, 1992. Formerly 12.20.210).
12.80.220 Underground utilities - Uncased carriers.
1. The carrier pipe shall conform to the material and design requirements of the
appropriate utility industry and governmental codes and specifications.
2. The carrier pipe shall be designed to support the load of the road, plus superimposed
loads thereon, when the pipe is operated under all ranges of pressure from maximum
internal to zero pressure. (Ord. 94-18 (part), 1994; Ord. 9230 Exh. A § 6D, 1992. Formerly
12.20.220).
12.80.230 Underground utilities - Appurtenances.
1. Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where
required by federal safety standards. Vent standpipes should be located and
constructed so as neither to interfere with maintenance of the road nor to be concealed
by vegetation. Preferably standpipes should stand by a fence or on the right-of-way line.
2. Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid,
liquefied gas, or heavy gas. Drains for carriers of hazardous materials shall be directed to
natural or artificial holding areas to prevent the potential for surface or ground water
contamination. Drains for which only water or other non -hazardous liquids may
discharge may be directed into the roadway ditch or natural water course at locations
approved by the county. The drain outfall shall not be used as a wasteway for routine
purging of the carrier unless specifically authorized by the county.
3. Location markers and emergency information should be used when required by
applicable state and federal standards.
4. Manholes should be designed and located in a manner that will cause the least
interference to other utilities or future road expansion. Where practicable, installations in
the pavement or shoulders should be avoided. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh.
A § 6E, 1992. Formerly 12.20.230).
12.80.240 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:
1. Trenched Construction and Backfiil.
a. Where the pavement must be removed, it first shall be cut in vertical (or
undercut) continuous straight lines.
b. Trenches shall be cut to have vertical faces, where soil and depth conditions
permit, with a maximum width of outside diameter of pipe plus two feet.
Shoring shall comply with the Washington State Department of Labor and
Industries Safety Code.
c. The pipe or carrier shall be installed and the trench backfilled in a manner
assuring no deformation of the pipe likely to cause leakage and restoration
of the structural integrity of the roadway structure. Specific trench backfill
requirements regarding materials and methods shall be provided by the
county.
d. When trenching is approved on paved roads, the pavement shall be
restored as required by the county.
2. Untrenched construction may be required for pipelines crossing roads paved with
asphalt concrete or cement concrete and for roads paved with bituminous surface
treatment when directed by the county.
a. If sufficient right-of-way exists, the length of untrenched construction shall
extend a minimum of four feet from edge of pavement, except that a lesser
standard may be permitted by the county engineer where conditions
warrant.
b. Overbreaks, unused holes, or abandoned casings shall be backfilled as
directed by the county engineer.
c. Water boring under roadways shall not be permitted.
d. Existing carriers and conduit installed under a roadway may be physically
located prior to pipeline installation.
3. Plowing of communication and electrical lines on or adjacent to existing roads by means
of a vibratory plow may be allowed by the county, provided that the structural integrity
of the roadway is not impaired. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 6F, 1992.
Formerly 12.20.240).
12.80.250 Underground utilities - One call system.
All owners of underground facilities shall comply with Title 19 RCW, Chapter 19.122 RCW. Rc
19.122.010 through 19.122.900 (Washington State One Call System or Dig Law). (Ord. 94-18 (part),
1994; Ord. 9230 Exh. A § 6G, 1992. Formerly 12.20.250).
12.80.260 Overhead utilities - Power and communication lines.
1. Single -pole construction and joint use of the pole is desirable and should be used
whenever feasible.
2. The minimum vertical clearance for overhead power and communication lines above the
road and the minimum lateral and vertical clearance from bridges shall be in compliance
with the National Electrical Safety Code and Washington State Department of Labor and
Industries "Electrical Construction Code".
3. Where irregularly shaped portions of the right-of-way extend beyond the normal right-
of-way limits, a uniform alignment of facilities shall be allowed. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 7, 1992. Formerly 12.20.260).
12.80.270 Aesthetic/scenic considerations.
1. Utility installations shall be designed and constructed to minimize the adverse effect on
existing roadside manmade or natural amenities. Special efforts shall be taken to
minimize any potential negative impact on areas of scenic beauty (i.e., scenic strips,
viewpoints, rest areas, recreation areas, public parks or historic sites, etc.).
2. Overhead utility installations shall be permitted in areas of scenic beauty when other
utility locations are not available, are not technically feasible, are unreasonably costly, or
are less desirable from the standpoint of visual quality.
3. If the utility intends to use chemical sprays to control or kill weeds and brush in scenic
areas, prior approval must be granted by the county at least annually, The county may
limit or restrict the types, amounts, and timing of applications if a significant negative
impact on the aesthetics of the area is anticipated, provided such limitations or
restrictions are not in conflict with state law governing utility right-of-way maintenance.
4. Refuse and debris resulting from the installation or maintenance of the utility facilities
shall be promptly removed once work is completed. (Ord. 94-18 (part), 1994; Ord. 92-30
Exh. A § 8, 1992. Formerly 12.20.270).
12.80.280 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:
1. Attachment of a utility shall not be considered unless the structure in question is of a
design that is adequate to support the additional load and can accommodate the utility
facility without compromise of highway features, including reasonable ease of
maintenance.
2. Manholes and other utility access panels should be avoided within the roadway portion
of the structure.
3. Attachment on a structure of a pipeline carrying a hazardous transmittant shall be
avoided where practicable.
4. The utility attachment shall not reduce the clearance of a structure where such clearance
is critical. Attachment to the outside of a structure should be avoided where there are
reasonable alternatives.
5. Utility mountings shall be of a type which shall not create noise resulting from vibration.
6. The hole created in a structure abutment shall be sleeved, shall be of the minimum size
necessary to accommodate the utility line, and shall be sealed to prevent any leakage of
water or backfill material.
7. The utility line back of the abutment shall curve or angle out to align outside the
roadbed area in as short a distance as is operationally practicable.
8. Communication and electrical power line attachments shall be suitably insulated,
grounded, and preferably carried in protective conduit or pipe from point of exit from
the ground to re-entry. Carrier pipe and casing pipe shall be properly isolated from
electric power line attachments. (Ord. 94-18 (part), 1994; Ord, 92-30 Exh. A § 9, 1992.
Formerly 12.20.280).
12.80.290 Preservation, restoration and cleanup.
1. The size of disturbed area necessary to install a utility shall be kept to a minimum.
2. Restoration methods shall be in accordance with the specifications of the county and/or
special provisions of the franchise, permit, or agreement.
3. Unsatisfactory restoration work shall be promptly corrected by the utility. If necessary,
unsatisfactory restoration work may be corrected by the county and billed to the utility.
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 10A, 1992. Formerly 12.20.290).
12.80.300 Traffic control and public safety.
1. Traffic controls, including detours for all utility work, shall conform with the currently
applicable "Manual on Uniform Traffic Control Devices for Streets and Highways".
2. All construction and maintenance operations shall be planned to keep interference with
traffic to a minimum. On heavily traveled roads, construction operations interfering with
traffic should not be scheduled during periods of peak traffic flow. Work shall be
planned so that closure of intersecting streets, road approaches, or other access points
is held to a minimum.
3. Adequate provision shall be made to safeguard any open excavation, and shall include
barricades, lights, flaggers, or other protective devices as may be necessary.
4. The storage of materials on through roadways shall not be allowed, and parking of
vehicles on through roadways shall be kept to a minimum. (Ord. 94-18 (part), 1994; Ord.
92-30 Exh. A § 1013, 1992. Formerly 12.20.300).
12.80.310 Emergency repairs.
1. All utility facilities shall be kept in a good state of repair. Emergency repairs shall be
undertaken in a timely manner.
2. If emergency repairs disturb the right-of-way, such repairs may be immediately
undertaken and the right-of-way restored. Approval as to the manner of final
restoration of the right-of-way shall be secured from the county in a timely fashion.
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 10C, 1992. Formerly 12.20.310).
12.86 Land Use Developments reauirina engineering review in the Urban Growth Area of the
city of Ellensburg not utilizing city utilities.
A. Rural Road Standards
Land use developments requiring engineering review in the Urban Growth Area of the City of
Ellensburg NOT utilizing city utilities shall meet Kittitas County rural road standards prov-iding-•
• The owner/developer dedicates sufficient right of way pursuant to the ci 's road and street
plan.
• The owner developer signs a waiver of protest for the County and City to the formulation of
a future Local Improvement District (LID) for the development.
12.87 Land Use Developments reauirina engineering review in the Urban Growth Area of the
01y of Ellensburg utilizing ciijy utilities.
A. Developer reimbursement agreements
Developer reimbursement agreements in the Urban Growth Area of the City of Ellensburg are
pursuant to Ellensburg Cijy Code Chapter 2.50.
B. Public Works Standards in the Urban Growth Area of the City of Ellensburg
Public Works standards in the Urban Growth Area of the Citv of Ellensburg are Dursuant to
Ellensburg City Code Title 4.
C. City of Ellensburg utilities
All land use development in the Urban Growth Area of the City of Ellensburg utilizing city utilities
shall adhere to Ellensburg City Code Title 9.
12.88 Transportation Impact Fees
A. Kittitas County accepts the City of Ellensburg Transportation Impact Fee study for use in the
Urban Growth Area of the city, as provided in ECC 14.04.020 B as currently enacted or hereafter
adopted. Fees are determined pursuant to Chapter 14.04 of the Ellensburg City Code.
12.89 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-
84507). Prior to approval of any Development Agreement within the Urban Growth Area of the C4
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 reliminaplat approval from
the Board of Counjy Commissioners and after the development has obtained final engineering lan
al2l2roval 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 the Board of County
Commissioners. Extension requests are pursuant to Kittitas County Code section 16.12.250.
Chapter 17.11
URBAN GROWTH AREAS
Sections
17.11.010 Purpose and Intent.
17.11.020 Intergovernmental Review.
17.11.030 City of Ellensburg Urban Growth Area Interlocal Agreements.
17.11.031 Conflicts,
17.11.032 Adoption by reference and modified code sections.
17.11.033 Applicability.
17.11.034 Airport Zone.
17.11.035 County/City Zoning conversion chart.
17.11.036 Definitions.
17.11,037 Permitted Uses.
17.11.038 Building Setback and Intensity Standards.
17.11.039 Off -Street Parking.
17.11.040 Infrastructure.
17.11.050 Minimum Density.
17.11.060 Maximum Lot Coverage.
17.11.010 Purpose and Intent.
The purpose and intent of the Urban Growth areas is to provide for areas that are suitable and
desirable for urban densities as determined by the sponsoring city's ability to provide urban services,
and to allow for alternative methods of development that allows for infill and development at urban
levels. (Ord. 2007-22, 2007)
17.11.020 Intergovernmental Review
Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the
associated city. (Ord. 2007-22, 2007)
17.11.030 City of Ellensburg Urban Growth Area Interlocal Agreements.
Kittitas County and the City of Ellensburg have adopted an Interlocal agreement to facilitate the
orderly transition of urban services from the County to the City throughout the Urban Growth Area
(UGA) and to coordinate and manage growth and development within the UGA. Permit process and
development standards outlined in KCC 17.11.030 through KCC 17.11.039 are adopted for
application to properties within the City of Ellensburg Urban Growth Area. These -se€ ions-swll take
effect-en-June-a9,21#2-3.-T-4ese-previsien of iy4o-tlieAirpart-0ve€1ay-or-pFapWies-gat
retine� CtorEllens'��rgwe}-anc�;��,stens+arcs-(Ord. 2022-017 2022; Ord. 2007-22,
2007)
17.11.031 Conflicts.
If there is a conflict between the provisions within KCC 17.11 or the ILA and other sections of Kittitas
County Code, KCC 17.04.020 and 17.04.040 shall be utilized to resolve the conflict. When 17.04 is
utilized to resolve a conflict, the county will notify the city. (Ord. 2022-017, 2022)
17.11.032 Adoption by reference and modified code sections.
Resolution No. 2022-1, a resolution authorizing execution of an interlocal agreement with the City of
Ellensburg regarding development in its Urban Growth Area (UGA), is adopted by reference except
as amended by the provisions 17.11.030 through 17.11.039. Provisions shall apply to City of
Ellensburg code sections as currently adopted as of the date of Resolution No. 2022-1 or hereby
amended in the future by the City. This includes the following Chapters of the City of Ellensburg
code:
Exhibits A (Ellensburg UGA map) and B (Future Land Use Map) within Resolution No. 2022-1 are
provided for reference only and do not modify the UGA boundary or change the land use
designation of any property. The UGA boundary and land use designations of properties are
identified within the Kittitas County Comprehensive Plan.
The following City of Ellensburg code sections have been modified as provided for within this code
section. They include:
• Chapter 15.130 - Land Development Code - Definitions
* Chapter 15.310 - Land Development Code - Permitting Uses
• Chapter 15.321 Land Development Code - Building Setback and Intensity
Standards
• Chapter 15.550 - Land Development Code - Off -Street Parking
(Ord. 2022-017, 2022)
17.11.033 Applicability.
This Agreement applies to the lands within the Ellensburg Urban Growth Area as currently adopted
and identified in the County Comprehensive Plan, as of the date of execution of Resolution No.
2022-1 and hereby amended in the future. Where the ILA does not identify development standards
to be utilized for development within the UGA, existing Kittitas County Code standards apply.
�I�-ity��lJ�nsJ�s�rg�c��ees�o-notify-J�t+t�s-C��t�+ aa�d-provide-#��o�(ao��t_an+i�te-Eorramei
any evade cinges wlaicia-+kiFasdifyhis-itexJoccdreemer�t�rher-t(�e Eit3�ElJensf-shall
delay plemei4ation-of+ew-ofdinanczs,4or-30-days-aft l pt#et�-t ivy Kittitas C�u t ti ae e
implementtl>e+iew�tar�iar�s�}�o-f�llensJ�rg�sl�all-provide-a campy-of�he�ig�dordir�an€e
wo-t'�irays ofelio+�-(Ord. 2022-OIL 2022)
17.11.034 Airport Zone.
KCC 17.58, Airport Zone, applies to all projects within the City of Ellensburg Urban Growth Area
which are located within the Bowers Field Airport Overlay Zone. (Ord. 2022-017. 2022)
17.11.035 County/City Zoning conversion chart.
Where City of Ellensburg zoning designations are referred to within the adopted ILA or this chapter,
the following conversion chart shall be utilized.
County Zone
Applicable City Zone
R Residential
UR Urban Residential
R-S Residential Suburban
-L Light Industrial
I-L Light Industrial
-G General Industrial
I-H Heavy Industrial
C-G General Commercial
C-H Commercial Highway
C-H Highway Commercial
C-L Limited Commercial
C-H Commercial Highway
PUD Planned Unit Dev. (Bender/Reecer)
R-S Residential Suburban
PUD Planned Unit Dev. (the Verge)
R-H Residential High
HTC Historic Trailer Court
MHP Manufactured Home Park
F-R Forest and Range
Refer to County standards
(Ord. 2022-017, 2022)
17.11.036 Definitions.
The following definitions shall apply and be utilized for projects located within the Ellensburg UGA.
Where terms are not defined, the definitions in KCC 17.08 shall apply.
1. "Accessory dwelling unit" means a self-contained residential unit that is accessory to a
single family dwelling on a lot and may be added to, created within, or detached from
the primary single-family dwelling unit. An accessory dwelling unit has its own
bathroom, kitchen facilities, living and sleeping areas, though it can share other features
with the single-family dwelling including the yard, parking, or storage.
2. "Accessory use" means on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
3. "Adult family home" means a residential home in which a person or persons provide
personal care, special care, room and board to more than one but not more than six
adults who are not related by blood or marriage to the person or persons providing the
services.
4. "Agriculture" means the use of land for farming, dairying, pasturing and grazing,
horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, Christmas
trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish
in upland hatcheries, and accessory activities, including, but not limited to, storage,
harvesting, feeding or maintenance of equipment, but excluding stockyards,
slaughtering or commercial food processing.
5. 'Boarding houses, lodging houses, sororities, fraternities" means an establishment with
lodging for five or more persons on a weekly or longer basis with a central kitchen and
dining area maintained exclusively for residents and their guests.
6. "Community residential facility" means a facility that provides, on a regular basis,
personal care, including dressing and eating and health -related care and services for at
least five, but not more than 15 functionally disabled persons and which is not licensed
under Chapter 70.128 RCW. A residential care facility shall not provide the degree of
care and treatment that a hospital or longterm care facility provides.
7. "Conference center" means an establishment developed primarily as a meeting facility,
including only facilities for recreation, overnight lodging, and related activities provided
for conference participants.
8. "Cooperative" means a group of more than one, but no more than four qualified
medical marijuana patients and/or designated providers who share responsibility for
growing and processing marijuana only for the medical use of the members of the
cooperative.
9. "Day care" means an establishment for group care of nonresident adults or children.
Specifically:
a. Day care shall include child day care services, adult day care centers, and
the following:
i. Adult day care, such as adult day health centers or social day
care as defined by the Washington State Department of Social
and Health Services;
ii. Nursery schools for children under minimum age for education
in public schools;
iii. Privately conducted kindergartens or pre -kindergartens when
not a part of a public or parochial school; and
iv. Programs covering after -school care for school children.
b. Day care establishments are subclassified as follows:
i. Day care I - a maximum of 12 adults or children in any 24-hour
period; and
ii. Day care 11 - over 12 adults or children in any 24-hour period.
10. Dwelling, Cottage. "Cottage" means a small single-family dwelling that is clustered with
other similar units surrounding a common open space. See FCC 15.540.050 for special
cottage housing provisions.
11. Dwelling, Duplex. "Duplex" refers to a building that is entirely surrounded by open space
on the same lot and contains two dwelling units or two dwelling units that are physically
separated but on the same lot. A duplex will not be considered a duplex for purposes of
the land development code standards if more than one duplex building is located on
one lot.
12. Dwelling, Live -Work Unit. "Live -work unit" means an individual dwelling unit that is used
for residential and nonresidential use types. The dwelling unit type may be any type that
is permitted in the applicable zoning district. Permitted nonresidential uses may be
those that are permitted in the applicable zoning district.
13. Dwelling, Multifamily. See definition of "Multifamily"
14. Dwelling, Single -Family. "Single-family dwelling" means one dwelling unit or one
dwelling unit with an attached or detached accessory dwelling unit used, intended, or
designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
15. Dwelling, Townhouse. "Townhouse" is a single-family dwelling constructed in a group of
three or more attached units in which each unit extends from the foundation to the roof
and with open space on at least two sides. Ownership of a townhouse includes the unit's
building and associated property.
16. "Farmers' market" means a public market at which farmers and other vendors sell
agricultural products, crafts, and food and beverages.
17. "Fruit stand" means a building, structure, or land area used for the sale of fresh fruit or
vegetables grown on -site.
18. "Heavy service" includes service activities that may have regular exterior service, or
storage areas. This use category includes, but is not limited to, contractors, heating fuels,
truck stops, breweries and warehousing. Heavy service uses are limited to buildings no
larger than 50,000 gross square feet in area.
19. "Home occupation" means any activity undertaken for gain or profit that results in a
product or service and is carried on in a dwelling, or building accessory to a dwelling.
20. "Hospital" means an institution receiving inpatients and outpatients and rendering
medical, surgical and/or obstetrical care and associated support facilities such as
administrative offices, information technology department, or other similar facilities.
21. "Hotel" means any building or portion thereof in which lodging is provided and offered
to the public for compensation, and which is open to transient guests and is not a
boarding, lodging, sorority or fraternity house.
22. "Kennel" or "shelter" means any outdoor or indoor facility which houses four or more
small domestic animals (that number not including one unweaned litter) for periods
longer than 24 hours as a commercial venture, as a nonprofit organization, or for a
governmental purpose. The facility may be either a separate business or an accessory
use. A kennel is to be distinguished from a veterinary clinic which houses animals for
periods that may exceed 24 hours as a commercial venture that is accessory to the
primary medical activity performed in a veterinary clinic.
23. "Manufactured home park" means a lot, parcel, or tract of land having as its principal
use the rental of space for occupancy by two or more manufactured homes, including
any accessory buildings, structures or uses customarily incidental thereto.
24. "Marijuana processor" means a person licensed by the State Liquor and Cannabis Board
to process marijuana into marijuana concentrates, useable marijuana and marjuana-
infused products, package and label marijuana concentrates, useable marijuana and
marihuana -infused products for sale in retail outlets, and sell marijuana concentrates,
useable marijuana and marjuana-infused products at wholesale to marijuana retailers
(as defined in RCW 69.50.101 and provided herein for reference).
25. "Marijuana producer" means a person licensed by the State Liquor and Cannabis Board
to produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers (as defined in RCW 69.50.101 and provided herein for reference).
26. "Marijuana retailer" means a person licensed by the State Liquor and Cannabis Board to
sell marijuana concentrates, useable marijuana and marijuana -infused products in a
retail outlet (as defined in RCW RCW 69.50.101 and provided herein for reference).
27. "Miniwarehouse" means an enclosed single -story building(s) designed and constructed
to provide individual compartmentalized controlled access stalls or lockers which shall
be used only for the storage of personal property. Ministorage is synonymous with
miniwarehouse.
28. Motel. See definition for "Hotel"
29. "Nursery and greenhouses" means an establishment for the growth, display, and/or sale
of plants, shrubs, trees, and materials used in indoor or outdoor plantings conducted
within or without an enclosed building.
30. "Nursing home" means any facility licensed by the Washington State Department of
Social and Health Services or other appropriate state agencies, providing convalescent,
chronic or domiciliary care for a period in excess of 24 consecutive hours, for three or
more patients or residents not related by blood or marriage to the licensee.
31. Office, Business or Professional. "Business or professional office" means an office
wherein business, technical or scientific services are rendered involving labor, skill,
education and special knowledge for certain compensation or profit, but such labor,
skill, education and special knowledge being predominantly mental or intellectual,
rather than physical, manual or mercantile in nature. Examples of such uses would
include, but not be limited to, the offices of lawyers, accountants, brokers, and insurance
agents.
32. Office, Medical. "Medical office" means an office or clinic used primarily by physicians,
dentists, optometrists, and similar personnel for the treatment and examination of
patients solely on an outpatient basis; provided, that no overnight patients shall be kept
on the premises.
33. "Personal services" means services rendered to individuals for their personal physical
appearance and conditioning needs. Examples would include but not be limited to the
following types of services: barber, beautician, masseur, and steam and sauna baths.
34. "Places of assembly" means a structure for groups of people to gather for an event or
regularly scheduled program. Examples include but are not limited to arenas, religious
institutions, lecture halls, banquet facilities, and similar facilities.
35. "Public agency or utility office" means a building or portion thereof used primarily for
administration purposes by a public agency or utility.
36. "Recreation - indoor commercial" means a commercial recreation land use conducted
entirely within a building, including, but not limited to, athletic and health clubs, pool or
billiard halls, skating rinks, swimming pools, and tennis courts.
37. "Recreation - outdoor commercial" means a commercial recreation land use conducted
primarily outdoors, including, but not limited to, water parks, amusement parks, and
miniature golf courses.
38. "Regional retail commercial" refers to any use which involves the display and sale of
retail consumer goods as part of a regional retail master site plan. Permitted uses and
exceptions are described within ECC 15.390.030. Regional retail commercial
developments contain a minimum of 100,000 square feet of enclosed gross floor area of
allowable uses; provided, that at least 50,000 square feet must be used by one retailer.
39. Senior citizen assisted housing" means housing in a building consisting of two or more
dwelling units restricted to occupancy by at least one occupant 62 years of age or older
per unit, and must include at least two of the following support services:
a. Common dining facilities or food preparation service;
b. Group activity areas separate from dining facilities;
c. A vehicle exclusively dedicated to providing transportation services to
housing occupants;
d. Have a boarding home (assisting living) license from Washington State
Department of Social and Health Services.
40. "Tow vehicle storage area" means the approved yard and buildings where stored
vehicles are kept. The storage areas and fencing must comply with the requirements
established by the Washington State Department of Licensing, Washington State Patrol,
and all local zoning rules and regulations. All tow vehicle storage areas must be
physically located within the tow zone assigned to the operator.
41. "Utility facility" means any privately, publicly, or cooperatively owned line, facility, or
system for producing, transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with
highway drainage, or any other similar commodity, including any fire or police signal
system or street lighting system, which directly or indirectly serves the public. For
commercial wireless communication support towers, antenna arrays, and facilities.
42. "Wrecking yard, vehicle" means any area, lot, land, parcel, building, structure, or part
thereof where buying, selling, or dealing in vehicles of a type required to be registered
under Washington State law, for the purpose of wrecking, dismantling, disassembling, or
substantially changing the form of a vehicle, or buying or selling integral secondhand
parts, in whole or in part is taking place. (Ord. 2022-017. 2022)
17.11.037 Permitted Uses.
1. Purpose:
The purpose of this chapter is to establish the uses generally permitted in
each zone which are compatible with the purpose of the zone and other
uses allowed within the zone.
b. The use of a property is defined by the activity for which the building or lot
is intended, designed, arranged, occupied, or maintained.
c. This section only applies to uses within those zones identified within use
tables in 17.11.037(4)(a) below. See KCC 17.22.035 for County/City
conversation chart. For those zones within the UGA that are not listed in the
tables below, the use tables 17.16 through 17.57 shall apply.
2. Interpretation of Land Use Tables:
a. The land use tables in this chapter determine whether a use is allowed in a
zoning district. The zoning district is located on the vertical column and the
use is located on the horizontal row of these tables.
b. If no symbol appears in the box at the intersection of the column and the
row, the use is not allowed in that district, except for certain temporary
uses. For temporary use requirements, see KCC 17.92.010.
c. If the letter "P" appears in the box at the intersection of the column and the
row, the use is allowed in that district. If allowed, the use would follow the
Kittitas County process for permitting.
d. If the letter "C" appears in the box at the intersection of the column and the
row, the use is allowed subject to the conditional use review procedures
specified in KCC 17.60A and the general requirements of the code.
e. Clarification of Uses and Special Conditions.
i. If a * appears after the use, then the use is defined in
17.11.036.
ii. Uses are subject to footnote requirements in KCC
17.15.080.2 except where they conflict with the tables in
17.11.037(4)(a-c) regarding the permit process.
Accessory Uses. An accessory use, as defined in KCC 17.11.036 and identified on the use
tables in KCC 17.11.037(4)(a) by an "A" is permitted in any zone if:
a. It is on the same lot as the principal use to which it is accessory, and
b. It is of a nature customarily incidental and subordinate to, the principal use
or structure.
4. Use Tables:
Table 17.11.037(4)(a) Residential -based uses.
Use R-S C-H I-L I-H
RESIDENTIAL, GENERAL
Dwelling, single-family*
P
Dwelling, cottage*
P
Dwelling, duplex*
P
Dwelling, townhouse*
P
Dwelling, multifamily*
P
Dwelling, live -work*
P
Manufactured home park*
GROUP RESIDENCES
Boarding houses, lodging houses, sororities, fraternities*
Adult family home*
P
Community residential facility*
Senior citizen assisted housing*
RESIDENTIAL ACCESSORY USES
Accessory dwelling unit*
P
Home occupations* (KCC 17.15.080.2?
P
P
P
P
Yard sale use
A
A
A
A
TEMPORARY LODGING
Bed and breakfast
Table 17.11.037(4)(b) Nonresidential uses.
Use
R-S C-H I-L I-H
RETAIL
Auto sales, new and used
P
Farmers' markets*
Fruit stands*
P
P
P
Heavy retail
P
P
P
Heavy service
P
P
P
Nurseries and greenhouses that are ancillary to a retail use*
P
P
P
P
Restaurants, bars, and brewpubs*
P
P
Coffee house, espresso bar
P
P
P
Retail, small scale (<2,000 sf floor area)
P
P
Retail, medium scale (2,000 - 20,000 sf floor area)
P
Retail, large scale (20,001 - 60,000 sf floor area)
P
Retail, super scale (>60,000 sf floor area)
Outlet center
P
Regional retail commercial projects*
P
P
P
Marijuana retailer*
P
PERSONAL AND SERVICES
Day care I facilities*
P
P
P
Day care 11 facilities*
C
P
General service establishments
P
P
Heavy services
P
P
P
Hotels/motels*
P
Hospitals*
C
Offices, medical*
P
P
Kennels*
P
P
Nursing homes*
C
Marjuana cooperative*
P
P
P
P
Personal service establishments*
P
P
Places of assembly*
C
C
Radio station (commercial)
C
C
C
Veterinary clinic
P
BUSINESS SERVICE
Conference center*
P
Offices, business or professional*, small scale (<2,000 sf floor area)
P
P
P
Offices, business or professional*, medium scale (2,000 - 20,000 sf floor area)
P
P
P
Offices, business or professional*, large scale (20,001 - 60,000 sf floor area)
P
P
Miniwarehouse facility*
C
P
P
INDUSTRIAL
Light industry
P
P
Hazardous waste treatment (off -site)
C
C
Hazardous waste treatment (on -site)
C
C
C
Heavy industry
C
Marijuana processor*
P
P
Marijuana producer*
P
P
Tow vehicle storage area*
P
P
Vehicle wrecking yard*
C
Table 17.11.037(4)(c) Special uses.
Use
R-S C-H I-L I-H
PARK, OPEN SPACE AND RECREATIONAL
Cemeteries, columbarium or mausoleums
P
Golf course
P
Golf driving range (not associated with a golf course)
C
C
Recreation - outdoor (commercial)*
P
C
Recreation - indoor (commercial)*
P
C
Parks, playgrounds (public or private)
P
P
P
CULTURAL AND ENTERTAINMENT
Art, performing arts, and recording studios
P
T-F
EDUCATIONAL
Schools
C C
GOVERNMENTAL
Court
P
Fire facility
P
Police facility
P
P
Public agency or utility office*
P
P
P
Public agency or utility yard
P
P
P
P
Utility facility*
P
P
P
P
Public transportation passenger terminals
FP
RESOURCE
Gardening or fruit raising (accessory use or noncommercial)
P
P
P
P
Agriculture*
P
Small wind energy systems
P
P
P
P
(Ord. 2022-017, 2022)
17.11.038 Building Setback and Intensity Standards.
1. Purpose:
a. To promote forms of development that reinforce and/or enhance the
desired character of Ellensburg neighborhoods;
b. To promote compatibility between developments; and
c. To minimize environmental impacts of development.
2. Interpretation of Tables:
a. The building setback and intensity standards tables address the building
setback and intensity of development specific to individual zoning districts.
The zoning district is located on the vertical column and the form/intensity
topic being addressed is located on the horizontal row of these tables.
b. Where a code reference/link appears after the building setback and
intensity topic, then the use is subject to standards set forth in that section
or chapter.
c. If a number appears in the box at the intersection of the column and the
row, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all
development conditions apply.
d. KCC 17.11.038(4) through 17.11.038(10) provide clarification and exceptions
to the building setback and intensity standards herein.
Use Tables:
Table 17.11.038(3)(a) Building setback and intensity standards - Residential
zones.
Topic
R-S R-H
DEVELOPMENT INTENSITY AND CONFIGURATION
Minimum lot area
None ;
None .
Minimum frontage
None
None:.
Density, minimum (KCC 17.11.038(4)) 8
None
15
du/acre
Density, maximum (KCC 17.11.038(4))
6 du/acre
No limit
Maximum building height
35 ft
45 ft
Minimum front yard setback .
15 ft
15 ft
Garage front yard setback
22 ft
22 ft
Minimum rear yard setback
20 ft
20 ft
Minimum rear yard setback, accessory buildings (including garages)
5 ft 6
5 ft
Minimum rear yard setback, detached accessory dwelling unit (see KCC
17.11.038(6)(c))
5 ft 6
5 ft
Minimum side yard setback (includes comer lot interior lot line) 5
5 ft 1 10
ft
5 ft 1 10
ft
Minimum side yard setback (comer lot exterior lot Iine)
loft
loft
Minimum garage side yard setback (comer lot exterior lot line)
22 ft
22 ft
17.11.038(3)(a)(i) Development condition footnotes associated with Table
1. Lot sizes may be variable provided they are sized and shaped sufficient to
accommodate permitted uses and conform to applicable design and density
standards.
2. For buildings, or portions thereof, with pitched roofs, the maximum height may
be increased by five feet. Applicable roof slopes must be at least 4:12 to qualify
for this additional height.
3. Porches and covered entries may project up to six feet into the front yard.
4. No front yard is required for buildings adjacent to designated "storefront
streets." Townhouses and zero lot line homes are exempt from side yard
standards internal to a development. However, such uses shall meet applicable
side yard standards for adjacent lots outside of the development.
5. Townhouses and zero lot line homes are exempt from side yard standards
internal to a development. However, such uses shall meet applicable side yard
standards for adjacent lots outside of the development.
6. Accessory buildings or accessory dwelling units, where built on top of an
existing garage, may be built to a property line abutting an alley, provided
sufficient turning movement and emergency vehicle access is provided within
the alley.
7. For lots 6,000 square feet or less, the minimum side yard shall be five feet on
each side.
8. Minimum densities apply except when limited due to Airport overlay
requirements in
Table 17.11.038(3)(b) Building setback and intensity standards - Nonresidential
zones.
Standard
C-H I-L I-H
DEVELOPMENT INTENSITY AND CONFIGURATION
Minimum lot area
None..
None
None
Density, minimum (KCC 17.11.038(4))
NA
NA
NA
Density, maximum (KCC 17.11.038(4))
None
NA
NA
Maximum building height (see KCC 17.11.038(5) for height
exceptions)
35 ft
35 ft
None
BUILDING PLACEMENT (see KCC 17.11.038(5) through 17.11.038(10))
Minimum front yard
10 ft
loft
loft
Garage front yard setback
22 ft
22 ft
22 ft
Minimum rear yard
None 2
None 2
None 2
Minimum side yard
None 2
None 2
None 2
17.11.038(3)(b)(i) Development condition footnotes associated with Table
1. Lot sizes may be variable provided they are sized and shaped sufficient to
accommodate permitted uses and conform to applicable design and density
standards. For areas within 100 feet of a residential zone, the maximum
building height shall be 35 feet.
2. Where the subject property borders a residential zone, the minimum side or
rear setbacks shall be the same as the adjacent residential zone.
3. Critical Areas as defined by Kittitas County Code. Calculations for Determining Maximum
Density - Gross Developable Acreage.
a. All site areas may be used in the calculation of the maximum allowed
residential density or project floor area except as outlined under the
provisions of subsection (13)(2) of this section.
b. Critical Areas as defined by Kittitas County Code shall not be credited
toward the maximum density or floor area calculations. Property used for
new roadways, trails, stormwater facilities, or other features used by
residents may be counted as part of the site area for density calculations.
Property transferred to the city for the construction of public roadways or
other public feature shall be counted as part of the site area if the city and
property owner reach such an agreement as part of the transfer.
4. Density Calculations.
a. Maximum density for an individual site shall be calculated by multiplying
the gross developable acreage by the applicable number of dwelling units.
When calculation results in io- fraction, the fraction shall be rounded to the
nearest whole number as follows:
Fractions of 0.50 and above shall be rounded up.
■ Fractions below 0.50 shall be rounded down.
■ Prohibited Reduction. Any portion of a lot that was used to
calculate compliance with the standards and regulations of this
title shall not be subsequently subdivided or segregated from
such lot.
5. Height exceptions. The following structures may be erected above the height limits set
forth in KCC 17.11.038(3)(a) and KCC 17.11.038(3)(b):
a. An additional two feet in height is allowed for structures with green roofs
occupying at least 50 percent of the area of the roof;
b. Skylights, flagpoles, chimneys, church steeples, crosses, spires,
communication transmission and receiving structures, and similar
structures.
6. Setback measurements.
a. Front Yard Setback. The front yard is measured from the street right-of-way
or the edge of a surface improvement (sidewalk) which extends beyond a
right-of-way, whichever is closer to the proposed structure, to a line parallel
to and measured perpendicularly from the street right -of way or the edge
of the surface improvement at the depth prescribed for each zone. For dual
frontage properties, the front yard is measured from the street right-of-way
that is the property's street address and primary access.
b. Side Yard Setback. The side yard setback is measured from the side lot line
adjacent to another private property to a line parallel to and measured
perpendicularly from the side lot lines at the depth prescribed for each
zone.
c. Rear Yard Setback. The rear yard setback is measured from the rear lot line
adjacent to another private property or an alley to a line parallel to and
measured perpendicularly from the rear lot lines at the depth prescribed for
each zone.
d. Corner Lots. For corner lots with two street frontages, setbacks from the
addressed street side shall conform to the front yard setback for the
underlying zoning district. The setbacks for the flanking side shall conform
to the exterior side yard setbacks for the underlying zoning district.
e. For measurements on a pointed or irregular lot refer to definition of lot line
in KCC 17.11.036.
7 Permitted projections into yards. The following structures may extend into or be located
in required setbacks:
a. Fireplace structures, bay or garden windows, enclosed stair landings,
closets, or similar structures may project 30 inches into a front or rear yard,
provided such projections are:
■ Limited to two per facade; and
■ Not wider than 10 feet;
b. Eaves, cornices, and signs may not project more than:
■ Three feet into a front or rear yard; and
■ Two feet into the side yard;
C. Porches and covered entries may project up to six feet into the front yard
subject to conformance with any required site vision standards set forth in
Section 3, Street Standards, of the city's public works development
standards applicable to the lot;
d. Uncovered porches and decks, which exceed 18 inches above the finished
grade, may project up to six feet into the front or rear yards;
e. Storefront weather protection projections into the public right-of-way are
acceptable, provided they don't interfere with street trees or extend beyond
the edge of the sidewalk;
f. The following features may project into any front yard:
• Unenclosed porches and entry features may project six feet
into the front yard;
• Mailboxes and newspaper boxes;
= Fire hydrants and associated appendages;
Bus shelters; and
• Monument signs;
g. The following features may project into any yard:
■ Telephone poles and lines;
■ Power poles and lines;
■ Cable TV and internet lines;
Light and flagpoles;
■ Sprinkler systems;
■ Trellises not exceeding eight feet in height, not wider than 10
feet;
■ Culverts and underground water, sewer, and accessory facilities
for the provision of utilities, such as drains;
■ Electrical equipment cabinets and similar utility boxes and
vaults;
■ Surface and stormwater water management facilities;
■ Uncovered porches and decks not exceeding 18 inches above
the finished grade; and
Rockeries, retaining walls and curbs provided these structures
do not exceed a height of six feet from the property line grade;
and
h. No projections are allowed into a regional utility corridor or access
easement.
8. Setbacks from alleys. Accessory buildings and accessory dwelling units, where built on
top of an existing garage, may be built to a property line abutting an alley, provided
sufficient turning movement and emergency vehicle access is provided within the alley.
9. Setback modifications.
a. In addition to providing the standard street setback, a lot adjoining a half -
street or designated arterial shall provide an additional width of street
setback sufficient to accommodate construction of the planned half -street
or arterial.
b. For residential lots adjacent to designated local streets and built to
applicable standards set forth in Section 3, Street Standards, of the city's
public works development standards, setbacks shall be measured from the
back of the sidewalk rather than the right-of-way edge, provided no
residential structures are built within the public right-of-way.
c. Variance. See procedures in
10. Lot or site divided by zone boundary. When a lot is divided by a zone boundary, the
following rules shall apply:
a. When a lot contains both residential and nonresidential zoning, the zone
boundary between the zones shall be considered a lot line for determining
permitted building height and required setbacks on the site;
b. When a lot contains residential zones of varying density:
■ Any residential density transfer within the lot shall be allowed
from the portion with the lesser residential density to that of
the greater residential density;
Compliance with these criteria shall be evaluated during review
of any development proposals in which such a transfer is
proposed; and
Uses on each portion of the lot shall only be those permitted
in each zone pursuant to KCC
(Ord. 2022-017. 2022)
17.11.039 Off -Street Parking.
1. Purpose:
a. The purpose of this chapter is to provide adequate parking for all uses
allowed in this title, to reduce demand for parking by encouraging
alternative means of transportation including public transit and bicycles,
and to increase pedestrian mobility by:
i. Setting minimum off-street parking standards for different
land uses and districts that assure safe, convenient and
adequately sized parking facilities;
ii. Recognizing that developed properties are likely to support a
variety of different uses over time; and
iii. Providing for parking and storage of bicycles.
2. Authority and application.
a. The regulations of this chapter apply to all off-street parking areas in all
zoning districts within the City of Ellensburg's Urban Growth Area.
b. The regulations of this chapter apply to all new development applications,
all new parking lot construction or enlargement. In addition, these
regulations shall apply at the time of enlarging, moving or increasing the
capacity of existing structures by creating or adding dwelling units,
commercial or industrial floor space, or seating facilities, and shall also
apply when an existing land use within an existing structure is changed to a
category of land use as set forth below that is different than the category of
land use for which the existing parking facility was designed and installed.
c. Before an occupancy permit may be granted for any new or enlarged
building or for a change of use in any existing building, the use shall be
required to meet the provisions of this chapter.
d. If this chapter does not specify a parking requirement for a land use, the
director shall establish the minimum requirement based on a study of
anticipated parking demand. Transportation demand management actions
taken at the site shall be considered in determining anticipated demand. In
the study the applicant shall provide sufficient information to demonstrate
that the parking demand for a specific land use will be satisfied. Parking
studies shall be prepared by a professional engineer with expertise in traffic
and parking analyses, or an equally qualified individual as authorized by the
director.
e. The Electric Vehicle Infrastructure regulations in KCC 17.66 shall be utilized
in conjunction with this Chapter.
3. Parking plan -Building permit, surety bond, and occupancy requirements.
a. Building Permit. No building permit nor parking lot construction or
enlargement shall be issued until a parking plan showing provisions for the
required off-street parking, as specified in this chapter, has been submitted
and approved by the director. The plan shall clearly indicate the proposed
development, including parking lot location, size, shape, design, number of
spaces, curb cuts, lighting, and other features and appurtenances required
by this chapter. The parking plan shall show/state the number of parking
spaces and handicap spaces required and provided.
b. Surety. Before a building permit is issued for any building or structure for
which this chapter requires off-street parking and where such off-street
parking is not to be contained within the building for which the building
permit is requested, the director may require that the applicant provide the
city with a surety bond or other sufficient security approved by the director
guaranteeing to the county the installation and improvement of the
required off street parking within a time not to exceed six months following
the completion of the building(s) for which such off-street parking is to be
provided.
c. Occupancy. All required off-street parking areas must be completed and
landscaped prior to occupancy of any structure.
4. Computation of required off-street parking spaces.
a. Spaces Required. Except as modified in subsections below, off-street
parking areas shall contain at a minimum the number of parking spaces as
stipulated in the following table. Off street parking ratios expressed as
number of spaces per square feet means the usable or net square footage
of floor area, exclusive of nonpublic areas. Nonpublic areas include but are
not limited to building maintenance areas, storage areas, closets or
restrooms. If the formula for determining the number of off-street parking
spaces results in a fraction, the number of off-street parking spaces shall be
rounded to the nearest whole number with fractions of 0.50 or greater
rounding up and fractions below 0.50 rounding down.
Table 17.11.039(4)(a)(i) Computation of required off-street parking spaces.
Category of Land Use :. Minimum Parking Spaces Required
RESIDENTIAL / LODGING
Dwelling, single-family
2.0 per dwelling unit;
for structures containing more than 4 bedrooms, I
additional space for each bedroom in excess of 4
shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted for single-family units.
Accessory dwelling unit
None required
Apartment:
Duplex
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted for duplex dwelling units.
Townhouse
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
Studio units
1.2 per dwelling unit
Studio and I -bedroom units in C-C zone
0.7 per dwelling unit
outside of the downtown historic district
1-bedroom units
1.5 per dwelling unit
2-bedroom residential units and larger in
0.7 per bedroom
C-C zone outside of the downtown historic
district
2-bedroom units or larger
1.0 per bedroom
Cottage housing
1.5 per dwelling unit
Senior housing
1.0 per dwelling unit (this may be reduced based
on the characteristics of the use)
Adult family home
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted.
Senior citizen assisted housing
1.0 per 2 dwelling or sleeping units
Community residential facilities
1.0 per 2 bedrooms
Boarding houses, lodging houses,
1.0 per bedroom
sororities, fraternities
Hotel/motels (where restaurants and
1.0 per guest room
conference facilities are included, see
standards for applicable use)
Bed and breakfast guesthouse
1.0 per guest room, plus 2.0 per facility
GENERAL RETAIL AND SERVICE
Offices, banks, medical clinics,
1.0 per 300 square feet of gross floor area
supermarkets, retail shops, department
stores, or similar uses
General retail or service use with drive-in
Same parking for retail and service as provided
facility
herein, plus sufficient off- street drive -through
stacking area to accommodate 3 vehicles without
negatively impacting other required parking
areas, ingress and egress into such parking areas,
or traffic on public streets
Day care facility
1.0 per employee plus 1.0 temporary loading
parking per each 8 full -day equivalent children
FOOD AND BEVERAGE
Restaurant, taverns, or similar uses where
1.0 per 200 square feet of gross floor area for sit -
patrons sit down for service
down facilities with a minimum number of 5
spaces required
Drive-in restaurant
Same parking as restaurant plus sufficient off-
street drive -through stacking area to
accommodate 6 vehicles without negatively
impacting other required parking areas, ingress
and egress into such parking areas, or traffic on
public streets
Drive-in coffee stand 2.0 per facility plus sufficient off- street drive -
through stacking area to accommodate 6 vehicles
without negatively impacting other required
parking areas, ingress and egress into such
parking areas, or traffic on public streets
PLACES OF ASSEMBLY
Churches, funeral homes, mortuaries,
clubs, lodges, museums, auditoriums,
theaters, conference facilities, public or
commercial recreational facilities, or
similar uses
0.25 per person of maximum occupancy as
established by the fire marshal with a minimum
of 5 spaces required
INDUSTRIAL AND LAND CONSUMPTIVE USES
Wholesale trade, warehousing (including
miniwarehouse facilities), processing and
manufacturing facilities, heavy equipment
repair, lumber yard, car sales, or similar
land consumptive but low traffic
generation uses
PUBLIC AND QUASI -PUBLIC USES
Hospital
Elementary and junior high schools
High schools, college or university, trade
school, or business school
1.0 per 1,500 square feet of gross floor area for
structures up to 20,000 square feet in gross size
with a minimum of 5 spaces required OR 1.0 per
2,000 square feet of gross floor area for
structures greater than 20,000 square feet in gross
size.
NOTE: For vehicle sales lots, the sales area is not
considered to be a parking facility and does not
have to comply with the requirements of this
chapter. However, all required parking must be
designed and reserved for customer parking only.
1.5 per each 5 beds with a minimum of 5 spaces
required
1.0 per classroom, plus 1 per 50 students
1.0 per classroom, plus 1 per 10 students
Governmental office 1 1.0 per 350 square feet of gross floor area
17.11.039(4)(a)(ii) Footnotes Associated with Table
1. In those situations where a particular use is not specifically mentioned in this table,
the requirements for off-street parking shall be determined by the director and in
accordance with the most comparable use listed.
a. Shell Building Permit Applications. When the county has received a shell
building permit application, off-street parking requirements shall be based on
the possible tenant improvements or uses authorized by the zone designation
and compatible with the limitations of the shell permit. When the range of
possible uses results in different parking requirements, the director shall
establish the amount of parking based on a likely range of uses. For example, an
applicant submits a permit for a 5,000-square-foot shell building in the C-H
zone. The zone allows for a range of retail, personal, and general service retail
uses. Most permitted uses in this zone fall in the category of general retail and
service uses in Table 17.11.039(4)(a)(i) which requires one space per 300 square
feet of gross floor area. Restaurants require more parking (one space per 200
square feet of gross floor area). While the director might find it unreasonable to
require parking for the "worst case scenario" in terms of possible use types, he
or she will typically choose a requirement that falls between the possible use
scenarios. In this case, the odds are that most possible uses fall in the general
retail and service use category with a lower parking requirement, though a
slightly higher parking requirement would make sense given the possibility of a
use such as a restaurant, which requires greater parking. Thus, a compromise
standard, requiring a minimum of one space per 275 square feet of gross floor
area, would be reasonable in this instance.
b. Other Provisions of Code. Where other provisions of this code stipulate reduced
minimum parking requirements, those provisions shall apply.
c. Bicycle Parking. Multifamily and nonresidential developments shall provide for
bicycle parking per the standards below:
i. Amount of Bicycle Parking.
Computation of required off-street bicycle parking spaces.
4
Q
Category of Land Use Minimum Parking Spaces
Required
Single-family dwelling
None
Multifamily dwelling
0.5 space per dwelling unit (units
with private garages are exempt)
Hotel/motels
1.0 per 20 guest rooms
Offices, banks, medical clinics,
1.0 per 5,000 square feet of gross
supermarkets, retail shops,
floor area for up to 50,000 square
department stores, or similar
feet, then 1.0 per 10,000 square feet
uses
beyond 50,000
Restaurant, taverns, or similar
1.0 per 800 square feet of gross floor
uses where patrons sit down for
area
service
All other uses
1.0 per 5 required vehicle parking
spaces
i. Parking Location and Design - Nonresidential Uses. Bicycle facilities for
patrons shall be located within 100 feet of the building entrance and located
in safe, visible areas that do not impede pedestrian or vehicle traffic flow.
ii. Parking Location and Design -Residential Uses, Bicycle facilities for residents
shall be located within 100 feet of all building or individual unit entrances
and located on the ground level in safe, visible areas that do not impede
pedestrian or vehicle traffic flow.
iii. Bicycle parking hardware shall be installed according to its manufacturer's
instructions, allowing adequate clearance for bicycles and their riders.
Primary Use. The minimum number of parking spaces shall be computed based on the
primary uses on the property, except as stated in subsection (6) of this section that
addresses accessory uses. When there are two or more separate primary uses on a
property, the required off-street parking for the property is the sum of the required
parking for the individual primary uses.
Accessory Use. When more than 20 percent of the gross floor area on a property is in an
accessory use, the required off-street parking shall be calculated separately for the
accessory use and for the primary use and then added together for the total required
off-street parking. When 20 percent or less of the gross floor area on a property is in an
accessory use, the required off-street parking shall be calculated on the gross floor area
of the building as if it were all under the primary use.
Examples:
a. A 40,000-square-foot building containing a 30,000-square-foot warehouse
space (75 percent of total) and a 10,000-square-foot accessory office space
(25 percent of total). The minimum parking requirement would be
calculated separately for the office use and the warehouse use and then
added together.
b. The same 40,000-square-foot building containing a 35,000-square-foot
warehouse space (88 percent of total) and a 5,000-square-foot accessory
office space (12 percent of total). The required parking would be based
solely on the gross floor area of the building as if it were all the primary use
(40, 000).
7. On -Street Parking. On -street parking immediately adjacent to the property may be
counted towards the parking requirement for nonresidential uses.
8. All required off-street parking must have direct and unobstructed access to ingress and
egress from a public street, and stacked or tandem parking shall not be counted toward
meeting the required off-street parking requirements in any zoning district except for
single-family residential structures and duplex dwelling units as per Table
17.11.039(4)(a)(1).
9. Garages. Required off-street parking that is provided in garages or carports shall be
credited toward the required off-street parking spaces except that no stacked or tandem
parking that blocks off those garages or carport parking spaces from direct or
unobstructed access to ingress or egress to a public street shall be credited toward the
required parking spaces except for single-family residential structures and duplex
structures as set forth in Table 17.11.039(4)(a)(i).
10. Handicapped Parking. Off-street parking and access for the physically handicapped shall
be provided in accordance with the Uniform Building Code.
11. Fire Lane Standards. Fire lanes may be required by the fire codes and by Kittitas Valley
Fire and Rescue within off-street parking facilities. Such fire lanes, including dimensions,
width, location, etc., shall be installed as required by the fire code or Kittitas Valley Fire
and Rescue and shall remain in effect throughout the life of the parking facility.
12. Changes in use to a different land use category shall provide the minimum off-street
parking for the new general land use category.
13. Continued use of required parking spaces.
a. Continued Use. Required off-street parking spaces must be available for the
continued use of residents, customers, or employees of the use, and the
continued use of a building or structure or property for which off-street
parking is required shall be conditioned upon the continued existence of
such off-street parking. If the required off-street parking ceases to exist in
connection with the use for which it was reserved, and no equivalent off-
street parking is provided, such occupancy and use of the building or
structure or property shall become illegal and the occupancy permit shall
become void.
b. Assignment Prohibited. Required off-street parking spaces may not be
assigned in any way to another use on another site.
c. Use for Non -Parking Purposes Prohibited. Required off-street parking
spaces shall not be used for the parking of equipment or for storage of
materials or goods or inoperable vehicles. Use of required off-street
parking for commercial or other purposes in conjunction with a temporary
use of a limited and specific duration shall require separate review and
approval by the director in conjunction with the temporary use.
d. Maintenance Required. The off-street parking required by this chapter shall
be maintained in a good and functioning condition as determined by the
director.
14. Loading space requirements.
a. Every nonresidential building engaged in retail, wholesale, manufacturing,
or storage activities, excluding self-service storage facilities, shall provide
loading spaces in accordance with the standards listed below:
Table 17.11.039(14)(a)(i) Loading space requirements for retail, wholesale,
manufacturing, or storage activities, excluding self-service storage facilities.
Gross Floor Area Required Number of Loading Spaces
10,000 to 40,000 square feet
1
40,001 to 96,000 square feet
2
96,001 to 160,000 square feet
3
160,001 to 196,000 square feet
4
For each additional 70,000 square feet
1 additional
b. Every building engaged in hotel, office building, restaurant, hospital, auditorium,
convention hall, exhibition hall, sports arena/stadium or other similar use shall
provide loading spaces in accordance with the standards listed below:
Table 17.11.039(14)(b)(i) Loading space requirements for hotel, office building,
restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium, or
other similar uses.
Gross Floor Area Required Number of Loading Spaces
40,000 to 120,000 square feet
1
120,001 to 264,000 square feet
2
264,001 to 520,000 square feet
3
520,001 to 784,000 square feet
4
784,001 to 920,000 square feet
5
For each additional 200,000 square feet
1 additional
c. For storefronts and other similar buildings sited adjacent to a street without
individual businesses over 10,000 square feet and no alley access, loading
space may be provided by on street designated loading zones upon
approval of the public works and utilities director as an administrative
decision based on access and safety considerations. A site plan, proposed
conditions, and reason for on -street loading facilities shall be included in
the application.
d. Each loading space required by this section shall be a minimum of 10 feet
wide, 30 feet long, and have an unobstructed vertical clearance of 14 feet
six inches, and shall be surfaced, improved and maintained as required by
this chapter. Loading spaces shall be located so that trucks shall not
obstruct pedestrian or vehicle traffic movement or project into any public
right of -way. All loading space areas shall be separated from parking areas
and shall be designated as truck loading spaces.
e. Any loading space located within 100 feet of areas zoned for residential use
shall be screened and operated as necessary to reduce noise and visual
impacts. Noise mitigation measures may include architectural or structural
barriers, beams, walls, or restrictions on the hours of operation.
f. Multi -story self-service storage facilities shall provide two loading spaces,
and single -story facilities one loading space, adjacent to each building
entrance that provides common access to interior storage units. Each
loading berth shall measure not less than 25 feet by 12 feet with an
unobstructed vertical clearance of 14 feet six inches, and shall be surfaced,
improved, and maintained as required by this chapter. Any floor area
additions or structural alterations to a building shall be required to provide
loading space or spaces as set forth in this chapter.
15. Parking lot design and construction standards.
a. Parking Area Access Standards. See Section 6, Parking Standards, of the
city's public works development standards.
b. Parking Stall and Aisle Dimensions. See Section 6, Parking Standards, of the
city's public works development standards.
c. Parking Area Development and Design Provisions.
i. For parking area surfacing standards, see Section 6, Parking
Standards, of the city's public works development standards.
Fire lane shall be in accordance with the International Fire
Code (IFC) as adopted in KCC 14.04.
(Ord._ 2022-017, 2022)
17.11.040 Infrastructure.
Except as modified by a UGA interlocal agreement, development of infrastructure relating to
municipal water and sewer services shall be referred to the requirements as outlined by the
corresponding cities code. Joint review shall occur in the development of roads with both the city
and county road standards. (Ord. 2022-0'1, 2022; Ord. 2007-22, 2007)
17.11.050 Minimum Density.
Density calculations shall be calculated based on lands available after removal of lands protected
under Critical Areas as identified in Kittitas County Code Title 17A and lands used for the purpose of
development and placement of roads. This provision shall not apply to the Airport Overlay.
2022-017, 2022; Ord. 2019-013, 2019; Ord. 2007-22, 2007)
17.11.060 Maximum Lot Coverage.
Except as modified by a UGA interlocal agreement, the ground area covered by all buildings,
including accessory buildings, shall be consistent with the associated City's maximum lot coverage
regulations for the associated land use zone. This applies only to those zones with a Maximum Lot
Coverage. (Ord. 2022-017, 2022; Ord. 2018-014. 2018)
Chapter 17.22
UR - URBAN RESIDENTIAL ZONE*
Sections
17.22.010 Purpose and intent.
17.22.015 Development within the Ellensburg Urban Growth Area (UGA).
17.22.020 Allowed uses.
17.22.030 Lot - Size required.
17.22.040 Maximum lot coverage.
17.22,050 Maximum height permitted.
17.22.060Yard requirements.
17.22.065 Yard requirements- Zones Adjacent to Commercial Forest Zone.
17.22.090 Grazing.
17.22.100 Repealed.
17.22.110 Repealed.
17.22.120 Repealed.
* Prior history: Ord, Z77-2.
17.22.010 Purpose and intent.
The purpose and intent of the Urban Residential zone is to provide for and protect areas for home -
site development and/or urban levels of development in where municipal services can be provided
or is already available. (Ord. 2007-22, 2007; Ord. 83-Z-2 (part), 1983)
17.22.015 Development within the Ellensburg Urban Growth Area (UGA).
For properties located within the City of Ellensburg UGA, the uses and development standards in
KCC 17.11.030 through 17.11.039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not
identify uses and development standards to be utilized for development within the Ellensburg UGA,
this chapter shall apply, Ti�i�pro� isic�n siiala re�aly #e tl E1rt Qver�ay er-proper#+es rya#
requestir -E�#y f €l ,l rg #ef ar d sevvti �t+lity-ext� ie�s (O+d70,12-L? t t, 2022)
17.22.020 Allowed uses.
Uses allowed in the Urban Residential zone include those uses pursuant to KCC Chapter 17.15. (Qrd.
2013-001,2013; Ord. 2011-013, 2011; Ord. 0-2006-01, 2006; Ord. 96-19 (part), 1996; Res. 83-10,
1983)
17.22.030 Lot - Size required.
1. This provision shall not apply to the Airport Overlay.
2. Minimum lot sizes in the UR zone areas follows:
a. Sin le family dwelling.even thousand two hundred (7,200) snare feet.
gib. Two (2) family dwelling, ten thousand (10,000) square feet.
3. All lots of record at the time of passage of the ordinance codified in this chapter shall be
considered as conforming to lot size requirements. Ord. 2022-01 22022; Ord. 2019-013,
2019; Ord. 2013-0( 2013; Ord, 2007-22, 2007; Res. 83-10, 1983)
17.22.040 Maximum lot coverage.
Refer to KCC 17.11,060. (Ord. 2018-014, 2018; Ord. 2013-001, 2013; Res. 83-10, 1983)
17.22.050 Maximum height permitted.
No structure shall exceed two and one-half (21/2) stories or thirty-five (35) feet, whichever is less in
height. (Ord. 2013-001, 2013; Res. 83-10, 1983)
17.22.060 Yard requirements.
No structure shall be built or located closer than twenty-five (25) feet to the front and rear property
line or within fifteen (15) feet of any side property line. Side and rear yard setbacks may be modified
in accordance with KCC 16.10.065. (Ord. 2022-005, 2022; Ord. 2013-001, 2013; Res, 83-10, 1983)
17.22.065 Yard requirements at Zones Adjacent to Commercial Forest Zone.
Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)-
foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such
setback isn't feasible, development shall comply with KCC 17.57.050(2). (Ord. 2013-001„2013; Ord.
2010-014, 2010; Ord. 2007-22, 2007)
17.22.090 Repealed.
(Ord. 2013-001.2013; Ord. 88-4 § 2 (part), 1988; Res, 83-10, 1983)
17.22.100 Repealed.
(Ord. 2013-001, 2013; Ord. 2010-014 2010; Ord. 0-2009-25, 2009; Ord. 2007-22, 2007; Ord. 0-2006-
01, 2006, Ord. 90-10 (part), 1990, Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983)
17.22.110 Repealed.
(Ord. 2007-22, 2007; Ord. 88-4 § 2 (part), 1988)
17.22.120 Repealed.
(Ord. 2013-001. 2013; Ord. 2007-22, 2007)
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
3 1 Q.
NO. 2023 -
REVISIONS OF KITTITAS COUNTY CODE
AS PART OF THE 2023 NON -DOCKET AMENDMENT PROCESS
WHEREAS: This ordinance, revising Kittitas County Code contains four sections of findings,
as follows:
Section I - Procedural Findings
Section II - Board of County Commissioners Findings
Section III - Final Decision and Signatures
Exhibits A-D - Changes to Kittitas County Code
SECTION I
PROCEDURAL FINDINGS
WHEREAS: Kittitas County opted into the Growth Management Act, RCW 36.70A,
voluntarily on December 27, 1990, through Resolution 90-138; and
WHEREAS: The Kittitas County GMA Comprehensive Plan was originally adopted on July 26,
1996, by the Kittitas County Board of County Commissioners; and
WHEREAS: Kittitas County Code 15B.04.020 allows for amendments to development
regulations at the discretion of the Planning Director through a public process
pursuant to Table B of the Title; and
WHEREAS: Kittitas County entered into an interlocal agreement with the City of Ellensburg
with Resolution 2022-013 concerning administration of development regulations in
the urban growth area of Ellensburg requiring certain specific code amendments to
County code; and
WHEREAS: Kittitas County Community Development Services initiated an out -of -docket cycle
process to suggest changes to the Kittitas County Code and made these proposals
readily available for review by the public in Community Development Services and
within the County's official website; and
WHEREAS: Kittitas County submitted its proposed non -docket items on May 5, 2023, to the
Department of Commerce as required by statute and received a letter of receipt
2023 Non- Docket Enabling Ordinance
Page 1
June 20, 2023
on May 22, 2023, that the docket proposal had been received and was sent to
other agencies for comment; and
WHEREAS: Comments were received from state agencies and members of the public; and
WHEREAS: Kittitas County filed its non -docket cycle SEPA checklist on May 4, 2023, and
issued a Determination of Non -significance (DNS) for the non -docket items on
May 20, 2023, through authority of WAC 197-11-340; and
WHEREAS: There were no agency or public appeals or reviews filed on the Determinations of
Non -significance; and
WHEREAS: Due public notice was placed upon the County official website and in the Daily
Record on May 13, 2023, regarding the Planning Commission public hearing;
and
WHEREAS: The Planning Commission conducted a public hearing on May 23, 2023, to hear
testimony and take public comment on the items considered for amendment and
after deliberation made recommendations to the Board of County
Commissioners, taking due consideration of the public benefit involved in the
proposals; and
WHEREAS: After due notice and publication on the County's official website and Daily
Record on May 18, 2023, and May 25, 2023, the Kittitas County Board of
County Commissioners held an open public hearing on June 6, 2023; and
WHEREAS: After deliberation, the Board of County Commissioners made decisions on each
docket item presented; and
WHEREAS: Following the decisions on the docket items the Kittitas County Board of
Commissioners instructed County staff to prepare an ordinance for their signature
to adopt changes to the Kittitas County Code and Comprehensive Plan; and
WHEREAS: The Kittitas County Board of County Commissioners considered enabling
documents before the public on June 20, 2023.
SECTION H — BOARD OF COUNTY COMMISSIONERS FINDINGS
General Findings:
The Kittitas County Board of County Commissioners held a public hearing on June 6, 2023, to
hear testimony and accept written comments regarding proposed amendments to the Kittitas
County Code. All members of the public who wanted to testify were allowed to speak or submit
written correspondence into the record.
2023 Non- Docket Enabling Ordinance
Page 2
June 20, 2023
The docketed items discussed during the Board of County Commissioners public hearing
included:
2023 Proposed NON -DOCKET AMENDMENTS to Kittitas County Code
Number
Applicant Name
I
Project Description
Planning Commission
Recommendation
Staff
Recommendation
to BOCC
Amend KCC 9 adopting by
The Planning
Kittitas County
reference Ellensburg City
Commission
Staff recommends
23-01
CDS Staff and
Code 14.02 for the collection
unanimously
approval of the
Public Works
f P
o ark Impact fees for
recommended approval
amendment as
�
� development in the UGA.
of the amendment as
proposed.
proposed.
J
k
Amend KCC 12 to include
road standards for
,The Planning
�
Kitttas County
developments in the
Ellensburg UGA, adopt City
Commission
Staff recommends
23-02
CDS Staff and
Code 14.04 by reference as it
unanimously
approval of the
'Public Works
pertains to Traffic Impact fees
recommended approval
amendment as
in the UGA and add section
of the amendment as
proposed.
12.89 for development
proposed.
agreements.
I
Amend KCC 17.11 removing
The Planning
f
f
i 23-03
Kittitas County
effective date reference and
Commission
unanimously
Staff recommends
approval of the
CDS Staff and
removing ability to comment
recommended approval
amendment as
Public Works
section from the applicability
of the amendment as
proposed.
title 17.11.033,
proposed.
Amend KCC 17.22 removing
The Planning
Kittitas County
the exemption language for
Commission
Staff recommends
23-04
CDS Staff and
properties in the airport
unanimously
approval of the
E
Public Works
overlay and listing the
recommended approval
amendment as
minimum lot size for single
of the amendment as
proposed.
family in the UR zone.
proposed.
22-01 Kittitas County Proposal:
Amend KCC 9 Title 9 Parks code section, amendments include adding the Impact Fees for
Parks for properties located within the City of Ellensburg Urban Growth Area.
Title 9.50 Parks, more specifically 9.50.190 Park Impact fees required to be collected per the
Interlocal agreement adopted jointly by the BOCC and the City of Ellensburg. Properties
developed within the Ellensburg Urban Growth Area are subject to Park Impact fees. The City of
Ellensburg City code title 14.04 is suggested to be incorporated into 9.50.190 by reference.
2023 Non- Docket Enabling Ordinance
Page 3
June 20, 2023
The Board of County Commissioners held a public hearing on May 24, 2022, and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval as presented by staff to the Board of
County Commissioners with a vote of 5-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
22-02 Kittitas County Proposal:
Amend KCC 12 to add sections 12.86 Land Use Developments in the UGA of Ellensburg
accepting City Utilities and adding Section 12.87 Land Use Developments in the UGA of
Ellensburg without city utilities add section 12.88 Transportation Impact Fees in the
Ellensburg UGA and Section 12.89 Development Agreements.
The revised amendments to KCC 12.01.130 will revise the current road standards for those
properties in the UGA of Ellensburg to facilitate the orderly transition of urban services from the
County to the City throughout the UGA. The generalized interlocal agreement will implement
uniform and consistent urban development standards in order to further the transition of the UGA
to urban service levels.
The Board of County Commissioners held a public hearing on May 24, 2022, and approved the
request as amended by a 3-0 vote, fording that:
I. The Planning Commission recommended remanding this item back to staff as presented
by staff to the Board of County Commissioners with a vote of 5-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
22-03 Kittitas County Proposal:
Amend KCC 17.11 Urban Growth Areas, removing the effective date of June 30, 2023,
reference and removing the notice and opportunity to comment section from the
applicability title 17.11.033.
The proposed amendment to KCC 17.11 will Remove the effective date of June 30, 2023,
reference and remove the notice and opportunity to comment section from the applicability title
17.11.033.
The Board of County Commissioners held a public hearing on May 24, 2022, and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the County's
Comprehensive Plan.
2023 Non- Docket Enabling Ordinance
Page 4
June 20, 2023
22-04 Kittitas County Proposal:
Amend KCC 17.22 Urban Residential Zone, removing a section exempting properties in the
airport overlay or those properties not requesting city utilities. Listing the minimum lot size
for single family dwellings in the UR zone to 7,200 square feet. Previous versions of section
17.22.030 only listed minimum lot size for two (2) family dwellings.
The proposed amendment to KCC 17.22 will remove reference to the properties not subject to the
interlocal agreement in order to remain consistent with the City of Ellensburg standards intended
with adoption of the ILA. This will also clarify the minimum lot size for single family dwellings
in the UR zone.
The Board of County Commissioners held a public hearing on May 24, 2022, and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the County's
Comprehensive Plan.
2023 Non- Docket Enabling Ordinance
Page 5
June 20, 2023
SECTION III - FINAL DECISION AND SIGNATURES
BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation,
hereby approves amendments to KCC Title 9.50 as shown in Exhibit A.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 12.86, 12.87, 12.88 and 12.89, as shown
in Exhibit B.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 17.11, as shown in Exhibit C.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 17.22, as shown in Exhibit D.
NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due
deliberation, hereby approves the adoption of the 2023 Non -Docket Amendments to the Kittitas
County Code as shown in Exhibits A through D attached hereto and incorporated by reference.
Information Services is hereby directed to make these changes to the regulations on the County
website. The Community Development Services Director and Prosecuting Attorney are
authorized to correct any scrivener's errors without Board approval.
Adopted this 201 day of June 2023, at Ellensburg, Washington.
ATTEST:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
2023 Non- Docket Enabling Ordinance
Page 6
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Brett Wachsnnith, Vice -Chairman
Laura Osiadacz, Commissioner
APPROVED AS TO FORM:
Neil Caulkins, Deputy Prosecuting Attorney
signing for Gregory L. Zempel Prosecuting Attorney
June 20, 2023
Exhibit A: Docket Item 23-01
Title 9 Amendments
2023 Non- Docket Enabling Ordinance
Page 7
June 20, 2023
Chapter 9.50
PARKS
Sections
9.50.010 Definitions.
9.50.020 Purpose.
9.50.030 Hours.
9.50.040 Park facilities - Liability.
9.50.050 Park facilities - Liability insurance.
9.50.060 Park facilities - Cleanup.
9.50.070 Concessions.
9.50.080 Park misuse.
9.50.090 Motor vehicles - Parking.
9.50.100 Camping - Authorization.
9.50.110 Camping - Occupancy policy.
9.50.115 Swimming in boat launch areas prohibited.
9.50.120 Game fish.
9.50.125 Food fish.
9.50.130 Damage to park property prohibited.
9.50.135 Removal of park property.
9.50.140 Outside household or commercial waste.
9.50.145 Rubbish.
9.50.150 Waste from vehicles.
9.50.155 Dumping in water prohibited.
9.50.160 Solicitation.
9.50.165 Alcoholic beverages - Minors.
9.50.170 Fires.
9.50.175 Area closures.
9.50.180 Violation - Penalty.
9.50.190 City of Ellensburg Park impact Fees adopted within the City's Urban Growth Area.
9.50.010 Definitions.
whenever used in this title, the following items shall be defined as indicated in this section:
Agreements
Any and all written agreements between a person or persons and the department for the purpose of
specific use of certain department facilities.
Aircraft
Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider,
ultralight, etc.
Alcoholic beverages (or "liquor")
Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beery and all fermented,
spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor or solid or
semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of human consumption, and any liquor,
semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be
conclusively deemed to be intoxicating.
Board
The current and duly elected Kittitas board of county commissioners.
Boat
Any floating device, powered by internal combustion engine or human power, capable of traveling on or
under water.
Camper
A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a
pickup truck with camper, a van -type. body, a converted bus, or any similar type vehicle.
Camping
Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit
remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining
overnight.
Department
The Kittitas County department of public works.
Director
The director of the Kittitas County department of public works.
Discrimination
Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital
status, or the presence of any sensory, mental or physical handicap.
Drugs
Any mind or mood altering substance which is illegal for consumption.
Facilities
Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County
department of public works.
Facility manager
The duly appointed Kittitas County public works employee serving as a manager of a county park.
Fee
The currently adopted fee schedule for use of Kittitas County park facilities.
Motor vehicle
Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or
property may be transported or drawn, and shall include, but not be limited to, four-wheel drive
vehicles, two -wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they
can legally be operated upon the public highways, whether licensed or unlicensed.
Permit
Any and all permits, licenses, or approvals required by federal or state law, or required by county
ordinance or the Kittitas County public works department.
Person
All natural persons, firms, partnerships, corporations, clubs and all associations or combination of
persons whenever acting for themselves or by an agent, servant, or employee.
Reservation
Any and all written reservations for a person or persons for the purpose of specific use of certain
department facilities.
Trail
Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which
is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as
to permit its use by standard passenger automobiles, or other right-of-way specifically designated and
posted for non -vehicular use.
Trailer
A towed vehicle which contains sleeping, housekeeping accommodations or material transporting
capabilities.
Kittitas County park area
Any area under the ownership, management, or control of Kittitas County.
(Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.020 Purpose.
The park playgrounds, passive use areas, special use areas, roads, paths, trails, activity centers and other
park facilities of the department are established by law for public recreation purposes. Public recreation
consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with
or without reservations and permits; or, large group activities planned by groups and brought under the
control of the department when authorized by and conducted under reservation, permit, agreement or
contract with the department. (Ord. 99-09,1999; Ord. 95-4, 1995).
9.50.030 Hours.
The director of public works shall establish for each Kittitas County park area according to existing
conditions, times and periods when the park area will be open or closed to the public. Such times and
periods shall be posted at the entrance to the Kittitas County park area affected and at the park office.
Park hours are subject to current conditions and may vary by season. Park front gates and offices may be
open during normal business hours but the park area may be closed to public use when so posted. No
person shall enter or be present at a Kittitas County park area after closing time, or when the park area is
closed, except persons camping in a designated camping area who have paid the applicable use fee; or
persons who have a reservation or are associated with the person or persons having a reservation at a
department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.040 Park facilities - Liability.
A person or persons using facilities by reservation or agreement may be required to protect and save
Kittitas County, its elected and appointed officials and employees while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of action of any kind or
character, including the cost of defense thereof, arising in favor of the persons, employees or third
parties on account of personal injuries, death or damage to property arising out of the premises, or in
any way arising out of the acts or omissions of the person and/or his agents, employees or
representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas
County assumes no liability or responsibility due to accidents or injury through authorized or
unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.050 Park facilities - Liability insurance.
A person or persons using facilities by reservation or agreement may be required to obtain and maintain
during all periods of use public liability insurance acceptable to the county and/or other insurance
necessary to protect the public and the county on premises reserved, with coverage of liability not less
than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence.
The group shall provide a certificate of insurance or an insurance binder prior to the reservation and
upon written request of the county, a duplicate of the policy, as evidence of the insurance protection
provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30
days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.060 Park facilities - Cleanup.
All groups must leave the facility or area in a condition considered satisfactory to the manager in charge.
No group shall conduct activities causing extra custodial work unless previous arrangements have been
made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work
without previous arrangements may subject the group to mandatory cleanup fees as listed in the
currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.070 Concessions.
Kittitas County reserves all concession rights in county -owned parks. Nonprofit groups and organizations
may sell or arrange for a concessionaire to sell concessions to members of their group or organization
using a park facility and to spectators at that facility; provided, that arrangements and fees to the
department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4,1995).
9.50.080 Park misuse.
The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for
denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.090 Motor vehicles - Parking.
No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such
vehicle in any Kittitas County park area other than designated motor vehicle parking area, except where
the operator is using the area for a designated recreational purpose and the vehicle is parked either in a
designated parking area for the event, or in another area with the permission of the facility manager. No
person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County
park area after closing time, except when camping in a designated area, or with permission of the
manager. Any vehicle found parked in violation of this section may be towed away at the owner's or
operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.100 Camping - Authorization.
No person shall camp in any Kittitas County park area except when specifically authorized by the facility
manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.110 Camping - Occupancy policy.
Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or
contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09,1999; Ord.
95-4, 1995).
9.50.115 Swimming in boat launch areas prohibited.
No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the
department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.120 Game fish.
All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of
fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or
possess any fish taken from any darn, dike, bridge, dock, boat landing, or beach, which is posted with a
sign prohibiting fishing. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.125 Food fish.
All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and
methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in
addition to such laws, the department, upon its finding and for good cause may close certain Kittitas
County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted.
(Ord. 99-09,1999; Ord. 95-4, 1995).
9.50.130 Damage to park property prohibited.
No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or
crop, standing or growing or which has been cut down, in any Kittitas County park area unless authorized
to do so by the department. No person shall deface, damage or destroy any property, material,
equipment or facility which is under the jurisdiction of the department. (Ord. 99-09, 1999; Ord. 954,
1995).
9.50.135 Removal of park property.
No person shall change the position of or remove any property, material, or equipment from its original
position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09,
1999; Ord. 954, 1995).
9.50.140 Outside household or commercial waste.
No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is
brought as such from any private property, in any Kittitas County park area garbage can or other
receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated
Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.145 Rubbish.
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other
rubbish, in a Kittitas County park area, except in a garbage can or other receptacle designated for such
purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09,
1999; Ord. 95-4, 1995).
9.50.150 Waste from vehicles.
No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any trailer,
camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter
8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09,1999; Ord. 95-4, 1995).
9.50.155 Dumping in water prohibited.
No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any
waste or refuse of any nature, kind or description, including human or bodily waste, in any stream, river,
lake or other body of water running in, through or adjacent to any Kittitas County park area. (See
Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4,
1995).
9.50.160 Solicitation.
No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human
consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other
amplifying device in any Kittitas County park area, except by concession contract or by permission by the
department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.165 Alcoholic beverages - Minors.
No person who has not reached his or her twenty-first birthday shall be in possession of or consume of
any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09,1999; Ord. 95-4, 1995).
9.50.170 Fires.
Open fires and portable units using flammable material are restricted to designated park areas,
fireplaces, fire rings or grills. (Ord. 9909, 1999; Ord. 95-4, 1995).
9.50.175 Area closures.
Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4,
1995).
9.50.180 Violation - Penalty.
Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and
shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a
county jail for not more than 90 days. In addition, every person failing to comply with any provision of
this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas
County public works director, public works employees, and other law enforcement officers are
authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.190 City of Ellensburg Park Impact Fees adopted within the City's Urban Growth Area.
Pursuant to Kittitas County Resolution 2022-013 and consistent with Ellensburg City Code (ECC) Chapter
14.02 Park Impact Fees, Kittitas County agrees to collect park impact fees as described at ECC 14.02.150.
Collection of the park impact fee shall occur when application is made for a building permit; provided,
however, fees applicable to a single-family subdivision may be subject to an in -lieu -of fee arrangement at
the preliminary plat stage.
Exhibit B: Docket Item 23-02
Title 12 Amendments
2023 Non- Docket Enabling Ordinance
Page 8
June 20, 2023
Title 12 1 ROADS AND BRIDGES*
Chapters
12.01 General Information
12.02 Definitions and Abbreviations
12.03 Roadway Classification
12.04 Road Design Criteria
12.05 Driveway and Accesses
12.06 Storm Water Management Standards
12.07 Bridges and Major Drainage Structures
12.08 Submittal Requirements for Construction Plans
12.09 Public Road Construction Control and Inspection
12.10 Transportation Concurrency Management
12.11 Roadside Features
12.12 Private Roads (moved to Chapter 12.04.070 Private Road Standards)
12.13 Design and Construction Standards for Utility
12.14 Electric Vehicle Charging Stations
12.15 Water on the Road
12.20 Road -Sanding Policy
12.21 Work on Rights -of -Way
12.22 Vacation of County Roads
12.23 Utility Accommodating Policy
12.24 Uniform Standards for Installation of Buried
12.25 Pit Reclamation
12.28 Road Intersection Illumination Policy
12.32 Renumbered
12.36 Renumbered
12.44 Right-of-way Acquisition and Maintenance
12.48 Right-of-way Acquisition for Projects Involving Federal Funds
12.50 Signs Along the Rights -of -Wax
12.56 Franchises for Use of Roads and Other County Properties
12.80 Issuance of Permits to Perform Work on County Road Rights -of -Way
12.86 Land Use Developments requiring engineering review in the Urban Growth Area of the city of
Ellensburg not utilizing city utilities.
12.87 Land Use Developments requiring engineering review in the Urban Growth Area of the City of
Ellensburg utilizing city utilities.
12.88 Transportation Impact Fees
12.89 Development Agreements
* 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
Prior ordinance history for 12.01 through 12-13: Ord. 2004-13, 2004, Ord. 99-2 § 3, 1999; Ord. 98-16, 1998;
Ord. 97-21, 1997; Ord. 96-8, 1996; Ord. 96-22, 1996; Ord. 95-2, 1995; Ord. 94-32, 1994; Ord, 94-27, 1994;
Ord. 94-18, 1994; Ord. 93-17, 1993; Ord. 92-30, 1992; Ord. 82-7 § 1, 1982; Res. DPW-3-80, 1980; Ord. RD.-
40.76, 1976; Res. 75.38, 1975; Vol. 1, p. 575, 1975; Res. RD-27-73, 1973; Res. RD-75-71, 1971; Res. RD-.I6.
71, 1971; Res. RD-55-70, 1970; Res. RD § 15-65, Vol. N, p. 139-140, 1965; Vol. K, p. 177 1949
Chapter 12.1
GENERAL INFORMATION
Sections
12.01.010 Purpose.
12.01.020 Scope.
12.01.030 Applicability.
12.01.040 Amendments and Revisions.
12.01.050 Enforcement and Responsibility.
12.01.060 Review and Approval.
12.01,070 Interpretation.
12.01.080 Relationship to Other Standards.
12.01.090 Responsibility to Provide Roadway Improvements.
12.01.095 General Requirements.
12.01.100 General References.
12.01.110 Primary Design and Construction Reference Documents.
12.01.120 Other Specifications.
12.01.130 Variances (Departures from the Standards) and Appeals.
12.01.135 Repealed
12.01.140 Authority of the Public Works Director.
12.01.150 Performance Guarantees.
12.01.160 New County Roads.
12.01.170 Joint Review.
12.01.010 Purpose.
Kittitas County has adopted these Road Standards to:
1. Set forth specific and consistent road design elements for developers and other private
parties constructing or modifying road or right-of-way facilities which require County
approvals;
2. Establish uniform criteria to guide the County's own construction of new County roads
or reconstruction of existing roads; and
3. Support Kittitas County's goals for achieving affordable housing, providing adequate
facilities for development in an efficient manner and to balance these goals with the
general safety and mobility needs of the traveling public.
In adopting the Road Standards, the County has sought to encourage standardization of road design
elements where necessary for consistency and to assure, so far as practical, that the motoring,
bicycling, equestrian and pedestrian public safety needs are met. Considerations include safety,
convenience, pleasant appearance, proper drainage and economical maintenance. The County's
permitting and licensing activities require the adoption of specific, identifiable standards to guide
private individuals and entities in the administrative process of securing the necessary County
approval. The County must have flexibility to carry out its general duty to provide streets, roads and
highways for the diverse and changing needs of the traveling public. Accordingly, these standards
are not intended to represent the legal standard by which the County's duty to the traveling public is
measured.
The Standards cannot provide for all situations. They are intended to assist but not substitute for
competent work by design professionals. it is expected that land surveyors, engineers and architects
will bring to each project the best of skills from their respective disciplines. These Standards are also
not intended to limit unreasonably any innovative or creative effort, which could result in better
quality, better cost savings, or both. Any proposed departure from the Standards will be judged on
the likelihood that such variance will produce a compensating or comparable result.
In order to remain current with technological changes and public needs, these standards are subject
to revisions. This manual is printed in a format that can be easily updated. This edition will be current
at the time of issuance; however, it is incumbent for the holder to keep the manual current with
revisions to the standards. (Ord. 2015-011. 2015)
12.01.020 Scope.
This title is not a textbook or a substitute for engineering knowledge, experience, or judgment. It is
intended to aid in deciding those factors needed to intelligently plan, design, construct, upgrade,
and maintain public and private roads in the County.
The requirements contained in this title apply to all new construction, improvements to existing
roads, or other work done on, over, or under any public or private roads within the County.
Requirements of the title shall be enforced in the same manner as other Kittitas County Codes (KCC),
including injunctions resulting in work stoppage and noncompliance suits for damages to County
roads or rights -of -way. (Ord. 2015-010, 2015)
12.01.030 Applicability.
This title shall apply to all land within the unincorporated areas of the County except where
superseded by other governmental jurisdiction.
These Standards shall apply to all newly constructed public and private roads and right-of-way
facilities required by land use development approvals within Kittitas County. in the event of conflict
with the current subdivision and zoning codes, KCC Titles 16 and 7 these Standards shall control.
These Standards do not apply to State or Federal roads. If roads are required to be built to public
standards and are inspected and certified as such, the County may accept these roads onto the
County Road system for continued maintenance, subject to limitations as addressed in
12.01.070.
The Standards may apply to modifications of roadway features of existing facilities which are within
the scope of reconstruction or capital improvement projects when so required by Kittitas County or
to the extent they are expressly referred to in project plans and specifications. The Standards are not
intended to apply to "resurfacing, restoration and rehabilitation (3R)" projects as those terms are
defined in the Local Agency Guidelines, Washington State Department of Transportation (WSDOT),
as amended; however, the Director may at his discretion consider the Standards as optional goals for
3R projects.
Every new utility facility and all planned, non -emergency replacement of existing utility structures
within Kittitas County right-of-way shall be governed by the most current version of the Manual on
Accommodating Utilities in Kittitas County Rights -of -Way. (Ord. 2015-010, 2015)
12.01.040 Amendments and Revisions.
The standards shall be amended as required. The 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. 2015-010, 2015)
12.01.050 Enforcement and Responsibility.
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.
12.01.060 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 developer from final
responsibility of insuring all calculations, plans, specifications, construction, and as -built drawings are
in compliance with this title as stated in the developer's engineer's certification provided in
accordance with KCC 12.08.020. Ord. 2015-010 2015)
12.01.0 70Interpretation.
In the interpretation and application of the provisions of this title, the following shall govern:
A. In its interpretation and application, the provisions shall be regarded as the minimum
requirements for the protection of the public health, safety, and welfare of the residents of Kittitas
County.
B. Whenever a provision of this title or any provision in any law, ordinance, resolution, rule, or
regulation of any kind, contain any restrictions covering any of the same subject matter, whichever
standards are more restrictive or impose higher standards or requirements shall govern.
C. The standards in this title shall not modify or alter any road construction plans, which have
been filed with and accepted by the County prior to the effective date of this title.
D. Any ambiguities in the interpretation of material contained in this title shall be resolved
through the appeals process.
(Ord. 2015-010 2015)
12.01.080 Relationship to Other Standards.
When applicable Washington Administrative Code (WAC), Revised Code of Washington (RCW),
American Association of State Highway and Transportation Officials (AASHTO) standards, and/or
Washington State Department of Transportation (WSDOT) standards are referenced, any reference to
"State highways", or the like, shall be interpreted to mean "County Road". This in no way should be
interpreted that Kittitas County will require all roads to be built to State highway standards.
Since the County is the approval authority for land use changes, this title, which stipulates certain
minimum conditions for land use changes, shall apply. If special districts or other agencies impose
more stringent standards, this ditFerence is not considered a conflict; the more stringent standard
shall apply. If the State or Federal Government imposes more stringent standards, criteria, or
requirements, those standards shall be incorporated into the conditions of approval of the project.
(Ord. 2015-010, 2015)
12.01.090 Responsibility to Provide Roadway Improvements.
A. Any land use development activity which will impact the Level of Service (LOS), safety, or
operational efficiency of abutting or serving roadways, or is required by other County
Code or ordinance to improve such roadways, shall improve those roadways in
accordance with these Standards. The extent of the off -site improvements to roads
serving a development shall be based on a concurrency analysis of the proposed land
use development impacts. The concurrency analysis shall be prepared in accordance
with KCC 12.1 C.
B. Any land use development activity abutting and impacting existing roads shall improve
the frontage of those roads in accordance with these Standards. If the proposed
development is found to impact areas located beyond the development, improvements
to these areas shall be required. The extent of improvements shall be based on a
concurrency analysis of the proposed land use development impacts in accordance
with KCC 12.10
C. All road improvement requirements for a land use development activity shall be
constructed to these Standards prior to the issuance of final approval, unless a
performance guarantee is provided as outlined in KCC 12.01.150.
When a performance guarantee is provided, building permits will not be issued until
road construction is completed to the minimum requirements of the International Fire
Code and certified by a civil engineer licensed in the State of Washington. Commercial
occupancy permits will not be issued until road construction is completed and certified
by a civil engineer licensed in the State of Washington. 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.
D. Subdivisions will not be approved unless a recorded continuous public or private access
easement or right-of-way to the subdivision exists.
E. All land use development activities proposing public or private roads located within
Urban Growth Areas (UGA) shall follow the guidelines of KCC 12.04.040.
F. All public road improvement and development projects within UGAs shall include
pedestrian access as a part of the design in accordance with the appropriate city`s
standard.
G. All road improvements planned or specified in any adopted Growth Management plan
of the County, including but not limited to the most current Kittitas County
Comprehensive Plan and Kittitas County Long -Range Transportation Plan, shall be
planned and constructed in accordance with these Standards.
H. Contiguous parcels, parcels under the same ownership and/or parcels sharing access
easements/roads that submit any land use development application, shall be reviewed
as one development for transportation and road improvement purposes.
I. Public roads that are not maintained by the County or other agency and that are used to
access new land use development activities shall be improved by the developer to
comply with KCC 12.04.070 Private Road Standards.
(Ord. 2015-010, 2015)
12.01.095 General Requirements.
A. The road circulation system within a proposed plat shall provide for access to adjacent
properties whenever such provision is reasonable and practical.
B. Second access requirements:
A second access is required if more than 30 (thirty) lots/units will use the private road.
If the second access is restricted to emergency access only, it must meet or exceed the
following requirements: 60 foot easement, 20 foot roadway width, all-weather surface
and a paved apron. Access restrictions such as gates or bollards must be approved by
the Fire Marshal. If the second access is to be used for ingress and egress, it must meet
the same standards of the first access.
The number of lots calculation is based on the total number of lots or units served by
the entire private road system, beginning at the nearest public road.
C. Roads to be dedicated to the County shall be constructed as specified by the public
road standards in KCC 12.04. All roads to be dedicated to the County shall be connected
to an on -system county or other publicly maintained road.
D. Gated accesses shall be approved by the Fire Marshal and meet the requirements of the
International Fire Code and KCC 20.03.010 as adopted by the County. Gates shall comply
with minimum width and emergency opening device requirements as required by the
Fire Marshal.
E. When a road extends more than 150' from the centerline of a County or other publicly
maintained road or serves more than three lots, a turnaround shall be provided. The
turnaround shall be a cul-de-sac for roads serving five or more lots/units. The
turnaround may be a hammerhead for roads serving four or less lots/units or for a land
use development activity occurring prior to the end of the road. Cul-de-sac and
hammerhead designs must conform to the specifications of the International Fire Code.
A cul-de-sac shall have an easement diameter of at least 110 feet and a driving surface
of at least 96 feet in diameter.
F. Any public road whose rights have been acquired by deed easement or prescription
shall not be closed off or otherwise made inaccessible in any way.
G. Roads serving six or more lots shall be named according to the Kittitas County Private
Road Naming & Signing Standards. Road names shall be subject to the approval of the
Department of Public Works and KITTCOM. Private roads shall be signed with a Manual
on Uniform Traffic Control Devices (MUTCD) approved road name sign at all times.
H. All private roads shall be signed with a stop sign at the intersection with a County road.
Stop signs shall conform to the requirements of the MUTCD.
I. All signs, signal markings, or other devices intended to regulate, warn, or guide traffic
and installed or maintained on private property shall conform to the MUTCD.
1. All public or private development impacting County roads shall comply with the traffic
control and haul route requirements in KCC 12.09.050.
K. Corner lots shall have no dimension less than 90 feet. Lot corners shall be rounded by
an arc, the minimum radius of which shall be not less than 35 feet at street intersections
L. All land use development activities that access property over private lands, public lands,
or road easements managed by other agencies must submit a recorded easement,
permit, road maintenance agreement, or other document from the land owners or
road/easement managers that specifically address access, maintenance, seasonal
restrictions and other restrictions and limitations. These agreements shall be presented
to the Department of Public Works prior to preliminary approval.
M. New irrigation ditches shall not be constructed within new or existing County rights -of -
way. A franchise agreement will be required for irrigation water crossing a County right-
of-way or any piped irrigation water within the County right-of-way.
N. All roads crossing an irrigation ditch or canal shall have a crossing agreement with the
ditch owner or irrigation entity.
0. All new roads shall conform to the Kittitas County Long -Range Transportation Plan.
P. The following notes shall be placed on the face of the plat, short plat, or other
development authorization:
1. "Maintenance of the access is the responsibility of the property owners who
benefit from its use."
2. "Any further subdivision or lots to be served by proposed access may result
in further access requirements. See Kittitas County Road Standards."
3. "An approved access permit shall be required from the Department of
Public Works prior to creating any new driveway access or performing work
within the County right-of-way."
( Ord. 2016-023, 2016; Ord. 2015-010. 2015 )
12.01.100 General References.
The Standards implement and are intended to be consistent with:
A. Kittitas County Code, as amended.
B. Kittitas County Comprehensive Plan, current edition as amended.
C. Kittitas County Long -Range Transportation Plan, current edition as amended.
D. Adopted Community Plans.
E. Kittitas County Capital Improvement Program, current edition as amended.
F. Kittitas County Manual on Accommodating Utilities within the Right-of-way.
12.01.110 Primary Design and Construction Reference Documents.
Except where these Standards provide otherwise, design detail, construction materials and
workmanship shall be in accordance with the most current editions of the following publications
produced by WSDOT.
A. WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, current edition
as amended, to be referred to as the "WSDOT Standard Specifications."
B. WSDOT Standard Plans current edition as amended.
C. WSDOT Design Manual, current edition as amended.
D. WSDOT Bridge Design Manual, current edition as amended.
(Ord. 2015-010. 2015)
12.01.120 Other Specifications.
Other specifications include, but are not limited to, the most current editions of the following
publications. These publications shall be applicable when pertinent, when specifically cited in the
Standards, or when required by State or Federal funding authority.
A. WSDOT Local Agency Guidelines, current edition, as amended.
B. WSDOT Guidelines for Urban Arterial Program, current edition as amended.
C. WSDOT Pavement Guide, Volume 1 — Pavement Policy, current edition as amended.
D. Design criteria of federal agencies including the Federal Housing Administration, US
Department of Housing and Urban Development; Federal Highway Administration, and US
Department of Transportation.
E. A Policy on Geometric Design of Highways and Streets, AASHTO, current edition as
amended.
F. Standard Specifications for Highway Bridges, adopted by AASHTO, current edition as
amended.
G. Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD), current
edition as amended and adopted by WSDOT.
H. Guide for the Development of Bicycle Facilities, AASHTO, current edition as amended.
1. Guidelines for the Geometric Design of Very Low -Volume Local Roads (ADT<400), AASHTO,
current edition as amended.
(Ord. 2015-010. 2015)
12.01.130 Variances (Departures from the Standards) and Appeals.
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.
The granting of a variance shall be in the public interest. When the need for a variance can be
identified in advance, 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;
1. Unusual circumstances or conditions apply to the property and/or the intended use that
do not apply generally to other property in the same vicinity or district; and
2. Such variance is necessary for the preservation and enjoyment of a substantial property
right of the developer possessed by the owners of other properties in the same vicinity
or district; and
3. The authorization of such variance will not be materially detrimental to the public
welfare or injurious to property in the vicinity or district in which the property is located;
and
4. Special conditions and circumstances do not result from the actions of the developer;
and
The granting of such variance will not adversely affect the realization of the Kittitas
County Comprehensive Plan, Long -Range Transportation Plan or this title.
The variance request(s) shall consist of;
1. Variance fee.
2. Variance application.
3. Identification of the standard provision to be waived or varied.
4. Identification of the alternative design or construction standards to be adhered to.
5. A thorough justification of the variance request.
Requests may be prepared by the developer, professional civil engineer licensed to practice in
Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial
or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC
15A.08based on the underlying land use decision in accordance with Ch. 36.7013 RCW. Ord. 2022-
005, 2022; Ord. 2018-001. 2018; Ord. 2015-0100 2015)
12.01.135 Variance Fairness Standard.
(Repealed by Ord. 2022-005. 2022; Ord. 2018-001. 2018)
12.01.140 Authority of the Public Works Director.
The Director of Public Works 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. (Ord. 2015-010. 2015)
12.01.150 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.
A. Construction Performance Guarantees: In lieu of the completion of any required public or
private improvements prior to final approval of a land -use development activity, the developer shall
provide a performance guarantee in an amount and with satisfactory surety and conditions providing
for and securing to Kittitas County the actual professional services, construction and installation of
such improvements within two years of final approval. The Director will enforce the guarantee
through appropriate legal and equitable remedies. All performance guarantees shall be prepared in
accordance with the Department of Public Works Performance Guarantee Form.
If a surety bond, letter of credit, or cash is provided, the amount covered shall equal 135% of the
estimated design and construction cost. The estimated costs must be reviewed and concurred by the
County Engineer.
The amount of the financial guarantee may be reduced during construction proportionally to the
amount of work completed, as said work is approved by the Public Works Director.
The developer is legally and financially responsible for ensuring all roads are constructed in
accordance with this code.
B. Maintenance Performance Guarantees: The successful performance of public
improvements shall be guaranteed for a period of not less than two years from the date of
acceptance as an on -system road or final construction approval of existing facilities. The amount of
the maintenance guarantee shall be 10% of the construction cost and the form of the maintenance
financial guarantee shall be approved by the Public Works Director. Maintenance guarantees will not
be required when the required performance guarantee is $1,000.00 or less.
(Ord. 2015-010, 2015)
12.01.160 New County Roads.
A. General
New roads may be added to the county road system by resolution passed by the BOCC. Sources of
new roads are additions, realignments, relinquished State Highways and Forest Service roads,
subdivision and other development. Before a new road becomes a part of the county road system, it
passes through seven steps: planning, design, right-of-way acquisition or dedication, construction,
inspection, acceptance through resolution, and warranty period.
The initial approval of subdivision road construction by the County Engineer is for purposes of
releasing the developer's development collateral and not for purposes of acceptance by the County
for maintenance. The developer shall construct all roads proposed in any development to the
required standard with no liability or obligation for such construction or maintenance by the County.
The County may bring a road onto the county road maintenance system if the new road has a
potential ADT greater than 400, is a through road or the road is identified in the Long -Range
Transportation Plan as a future corridor.
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 Road Standards for private roads
Preliminary and Final Acceptance
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 developer shall petition the BOCC
by submitting an on system county road establishment application prior to construction. If approved,
the road will be accepted onto the county road system upon an approved final inspection as defined
in KCC 12.09.020(K).
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 KCC 12.09,020(K) and final
plat or project approval. Such roads are not subject to the requirement of a resolution by the BOCC.
C. Planning Standards
Prior to the design of a new road, the tunctional classification, terrain classification, and the design
speed must be determined. The functional classification and terrain classification are defined in KCC
12.03.020 and 12.02.030. The design speeds are addressed under KCC 12.04.
The road systems of proposed new developments must correspond to the definitions given
previously. If the developer's engineers have any questions in regard to the classification type of a
particular road or roads within a proposed development, they should contact the County Engineer
for clarification.
D. Design Standards
Roads must be designed as required by KCC 12.f+Q Road plans and profiles, signing plans and
striping plans must be approved by the County Engineer before starting construction.
E. Construction and Testing Standards
Specific construction specifications for materials and workmanship, and testing requirements are
found in KCC 12.09. The construction specifications used during work on the county road system
generally comply with the WSDOT Standard Specifications in force at the time of construction.
Construction Warranty and Collateral
The developer shall guarantee all portions of construction work done in the right-of-way in
accordance with KCC 12.01.150
(Ord. 2015-010. 2015)
12.01.170 Joint Review.
Situations may arise in which the County, sorest Service, State, city, town, utility, or other agency will
become involved in the review of public or private roads in a given development. This shall occur in
situations such as, but not limited to, developments located within UGAs, accessed by State highways
or Forest Service easements, or affected by utility easements or rights -of -way. The following
procedures shall then apply:
A. The conditions of any Inter -Governmental Agreements between the County and
other agencies shall be complied with.
B. The County shall refer development plans to other involved agencies for review and
comment.
C. The other agencies shall be responsible for the issuance of access and utility permits
and inspections of their respective roads and utilities. Preliminary approval of a
development application will not be issued by the County until a valid permit or
agreement from the other agencies is received by the Department of Public Works.
D. The County shall be responsible for the issuance of permits for all road construction
and installation or modification of utilities within the County rights -of -way. The
Department of Public Works should be contacted for additional information.
E. Other agencies shall be responsible for the issuance of permits and inspections of all
road construction and installation or modification of utilities, within the other agency's
easements or rights -of -way. The other agencies should be contacted for additional
information.
(Ord. 2015-010, 2015)
Chapter 12.2
DEFINITIONS AND ABBREVIATIONS
Sections
12.02.010 Abbreviations.
12.02.020 Definitions.
12.02.030 Terrain Classification.
12.02.010 Abbreviations.
Where the following words, phrases, or abbreviations appear in these specifications they shall have
the following meanings:
A. 3R — Resurfacing, Restoration, and Rehabilitation.
B. AASHTO - American Association of State Highway and Transportation Officials
C. ADT - Average Daily Traffic
D. BMP - Best Managment Practice
E. BST - Bituminous Surface Treatment
F. BOCC - Board of County Commissioners of Kittitas County, Washington
G. DPW - Kittitas County Department of Public Works
H. HMA - Hot Mix Asphalt
1. IGA - Inter -Governmental Agreement
J. KCC - Kittitas County Code
K. LOS - Level of Service
L. MUTCD - Manual on Uniform Traffic Control Devices
M. PC - Point of Curvature
N. PI - Point of Intersection
O. PRC - Point of Reverse Curve
P. PT - Point of Tangency
Q. RCW - Revised Code of Washington
R. ROW - Right -of -Way
S. SWMMEW - Stormwater Managment Manual for Eastern Washington
T. TIA - Traffic Impact Analysis
U. UGA - Urban Growth Area
V. USGS - United States Geologic Survey
W. VPC - Vertical Point of Curvature
X. VPI - Vertical Point of Intersection
Y. VPT - Vertical Point of Tangency
Z. WAC - Washington Administrative Code
AA. WSDOT - Washington State Department of Transportation
(Ord. 2015-010. 2015)
12.02.020 Definitions.
A. ACCESS - That portion of the driveway or private road extending from the edge of the
county road to the edge of right-of-way.
B. AGRICULTURAL ACCESS — An access that serves fields or outbuildings and is not for
commercial or residential use.
C. AS -BUILT or RECORD DRAWINGS - Set of original plans, with information superimposed
upon them, showing any additions, deletions, changes, etc.
D. AVERAGE DAILY TRAFFIC — The average 24-hour traffic volume on a roadway.
E. AVERAGE LOT SIZE - The total number of acres divided by the total number of existing
and proposed lots or dwelling units to be served by a private road, from the end of the
private road to the county, city, or state maintained road.
F. BRIDGE — A structure that measures at least 20' in length along the centerline, generally.
G. CENTER LINE - The line, marked or unmarked, parallel to and equal distance from the
sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers.
H. CITY - Any incorporated area within Kittitas County, Washington.
I. CONSTRUCTION PLANS - Detailed and working plans including plan and profile, details,
notes and any other information necessary for complete construction of the required
improvements.
J. CONSULTANT - A person, partnership, or corporation who is hired by the landowner or
developer and is empowered to act as his agent.
K. CONTRACTOR - A person, partnership or corporation who is hired to perform work.
L. CORNER SIGHT TRIANGLES - Specified areas along intersections that shall be clear of
obstructions that might block a driver's view of potentially conflicting vehicles.
M. COUNTY - County of Kittitas, State of Washington.
N. COUNTY ROAD - Every road or part thereof, outside the limits of incorporated cities and
towns and which has not been designated as a state highway, that has been accepted
by resolution by the BOCC onto the county road system.
0. COUNTY ROAD SYSTEM — Those roads or rights -of -way maintained by Kittitas County
P. CUL-DE-SAC - A cul-de-sac is the end of a dead-end street or alley that widens to
provide a circular turnaround for vehicles.
Q. DESIGN SPEED - A speed determined for design and correlation of the physical features
of a street that influence vehicle operation; the maximum safe speed maintainable on a
specified section of street when conditions permit design features to govern.
R. DIRECTOR or DIRECTOR OF PUBLIC WORKS - The Director of the Kittitas County
Department of Public Works or the County Engineer.
5. DEVELOPER - The person or persons legally responsible for the construction of
infrastructure related to a land use development activity.
T. DRIVEWAY - Access road used by no more than two privately maintained residential,
commercial, agricultural or industrial properties.
U. EASEMENT - A right held by one person to make specific, limited use of land owned by
another person.
V. ENGINEER, COUNTY - The statutorily required position of county engineer appointed
under RCW 36.80.010. The County Engineer may also be the Director of Public Works
when the person in that position also meets the requirements of a licensed professional
engineer and is duly appointed by the county legislative authority under RCW 36.80.010.
W. ENGINEER, OWNER, APPLICANT, OR DEVELOPER'S —A civil engineer licensed in the
State of Washington, acting for the owner, applicant or developer.
X. FUNCTIONAL CLASSIFICATION — A classification system for roads with specific
definitions in
Y. HAMMERHEAD — A T-shaped turnaround for vehicles.
Z. HIGHWAY - Every way, lane, road, street, boulevard, and every way or place in the State
of Washington. open as a matter of right to public vehicular travel both inside and
outside the limits of incorporated cities and towns.
AA. INSPECTOR - An authorized representative of the County Engineer assigned to make
inspections for contract performance, standards, and contract compliance.
BB. IRRIGATION SYSTEM - means a man-made feature and/or an upland swale that either
conveys water to an ultimate irrigation use or place of use, or that moves and/or
conveys irrigation water (e.g., "run-off" from irrigation) away from irrigated lands.
Irrigation systems may include the distribution system or parts thereof, consisting of
manmade canals, laterals, ditches, siphons, and/or pipes, or pump systems.
CC. LAND USE DEVELOPMENT ACTIVITY— Any activity requiring a land use permit from
Kittitas County as defined in KCC 15A.02.080, including, but not limited to,
Administrative Segregations, Boundary Line Adjustments and Conditional Use Permits.
DD. MAJOR DRAINAGE STRUCTURE - A device composed of a virtually nonerodible material
such as concrete, steel, plastic, or such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm -water
management, drainage control, or flood control purposes.
EE. MAY - A permissive condition. No requirement for design or application is intended.
FF. OFF -SYSTEM ROAD - A road or right-of-way dedicated or used by the public but not
maintained by Kittitas County.
GG.ON-SYSTEM ROAD - A road or right-of-way dedicated or used by the public and
maintained by Kittitas County.
HH.PRIMITIVE ROAD — County roads without the requirement to be maintained, that have a
gravel or earth surface, and average annual daily traffic of 100 or fewer vehicles, and
meets the requirements of RCW 36.75,300.
II. PRIVATE ROAD - An access road serving three or more lots, residences or multi -family
units that is privately owned and maintained for the use of the owner(s) or those having
expressed or implied permission from the owner(s).
JJ. PUBLIC ROAD - Any street or road which is open to or dedicated to the use of the
public. Public Roads may be privately maintained or maintained by a public agency such
as Kittitas County, Washington State Department of Transportation or the United States
Forest Service.
KK. RIGHT-OF-WAY - Land, property, or property interest, usually in a strip, acquired for or
devoted to transportation purposes.
LL. ROAD OR STREET - A general term denoting a public or private way for purposes of
vehicular travel and utilities, including the entire area within the right-of-way (includes
alleyways).
MM. SHALL - A mandatory condition. Where certain requirements in the design or
application use the word "shall", it is mandatory that these requirements be met.
NN.SHOULD - Where the word "should" is used, it is considered to be advisable usage,
recommended but not mandatory.
00. SPECIAL DISTRICT - Any recognized district within Kittitas County that may have
some level of jurisdiction over some aspect of a development. A special district may
include, but is not limited to, Irrigation Districts, Water Districts, and Fire Districts.
PP. STOPPING SIGHT DISTANCE - The distance required to safely stop a vehicle traveling at
design speed. It is measured from the driver's eye, 3.5 feet above the pavement to the
top of an object 2.0 feet high on the pavement anywhere on the road as defined in
AASHTO.
QQ. STREET OR ROAD WIDTH - The distance measured from curbface to curbface across
a street or edge of traveled way.
RR. TRAVELED WAY — That part of the roadway made for vehicular traffic excluding
shoulders and auxiliary lanes.
SS. UTILITY - A company or individual providing public service such as gas, electric power,
irrigation, telephone, Internet, water, sewer or cable television, whether or not such
company is privately owned or owned by a governmental entity.
TT. WORKING DAYS — Days on which the Department of Public Works is open for business,
typically including Monday thru Friday, not including holidays.
(Ord. 2015-010, 2015)
12.02.040 Terrain Classification.
For the purposes of this manual, the terrain in Kittitas County is divided into three categories:
A. FLAT - highway sight distances, as governed by both horizontal and vertical restrictions,
are generally long or can be made to be so without construction difficulty or major
expense. The slope of existing terrain is from 0% to and including 5%.
B. ROLLING TERRAIN - natural slopes consistently rise above and fall below the road or
street grade, and occasional steep slopes offer some restriction to normal horizontal
and vertical roadway alignment. The slope of the existing terrain is from 5% to and
including 10%.
C. MOUNTAINOUS TERRAIN - longitudinal and transverse changes in the elevation of the
ground with respect to the road or street are abrupt, and benching and side hill
excavation is frequently needed to obtain acceptable horizontal and vertical alignment.
The slope of the existing terrain exceeds 10%.
Terrain classification pertains to the general character of the specific route corridor. Roads in valleys
or passes of mountainous areas that have all the characteristics of roads traversing flat or rolling
terrain should be classified as flat or rolling. In rolling terrain, trucks reduce their speeds below those
of passenger cars on some sections of roadway. Mountainous terrain is responsible for some truck
operation at crawl speeds. In cases where the terrain classification is in question, the County Engineer
shall make the final decision.
(Ord. 2015-010, 2015)
Chapter 12.3
ROADWAY CLASSIFICATION*
Sections
12,03.010 Road Classifications.
12.03.010 Road Classifications.
County roads are classified functionally to define the part that they play in serving the flow of trips
through the road network. The function of a road is used to determine required right-of-way width,
road width, access spacing, intersection spacing, and other road geometrics. Functional classification
changes or additions of county roads can be initiated by the County, but are reviewed by WSDOT
and the Federal Highway Administration, who provides approval, denial, or conditional approval of
functional classification requests.
More information on functional classification, including the functional classifications of county roads,
can be found on the Public Works website. (Ord. 2015-010, 2015)
Chapter 12.4
ROAD DESIGN CRITERIA
Sections
12.04.010 Scope.
12.04.020 General.
12.04.030 Public Road Design Requirements.
12.04.040 Design Criteria within an Urban Growth Area.
12.04.050 Design Standards.
12.04.060 Geotechnical Investigation.
12,04.070 Private Road Design Requirements.
12.04.080 Private Road Design Criteria.
12.04.090 Private Road Construction Control, Inspection and Certification.
12.04.010 Scope.
The purpose of this chapter is to present Kittitas County criteria for the design of public and private
roads and streets. It is to be used by developers and their engineers in the design of roads for which
approval by the Kittitas County Department of Public Works is required, or which are required to be
constructed by a land use development activity. (Ord. 2015-010. 2015)
12.04.020 General.
The provisions stipulated in this section are general in nature and shall be considered as applicable
to all parts of these specifications, including any supplements and revisions.
All road construction within the public or private right-of-way shall be designed by or under the
direct supervision of a civil engineer, licensed to practice in the State of Washington as required
by KCC 12.08. All drawings and support data submitted to the County for approval must bear his/her
seal and signature. The design criteria, as presented, are intended to aid in preparation of plans and
specifications, and shall be considered as minimum standards.
As with any design criteria, occasions may arise where the minimum standards are either
inappropriate or not feasible due to unusual circumstances. In these cases a variance to these criteria
shall be considered. Variance requests shall follow the procedures outlined in KCC 12.01.130. (Ord
2015-010. 2015)
12.04.030 Public Road Design Requirements.
A. Road surfacing requirements shall be in accordance with the WSDOT Pavement Guide,
Volume 1 - Pavement Policy, current edition, and tables 4-1 through 4-3 of this chapter.
B. The minimum design speed for all roads shall be 25 MPH. Design speeds shall be based
upon WSDOT Design Manual, current edition. Entire road segments shall be designed at
the same speed.
C. Intersections
1. Location of new arterial and collector streets shall be in accordance with the
WSDOT Design Manual.
2. All new intersections will have a minimum straight tangent length prior to
beginning any curves in accordance with the WSDOT Design Manual.
3. The design of intersections on arterial streets shall be in accordance with
WSDOT Design Manual.
4. Separation of intersections shall be in accordance with WSDOT Design
Manual.
D. Residential streets should be designed to direct traffic to collector streets and
adequately provide for circulation and movement within the subdivision.
E. Vertical Alignment - Connection with existing streets shall be smooth transitions and
existing grades shall be shown for at least 150 ft on all sides of the connection. Vertical
alignment designs shall be in accordance with the applicable WSDOT or AASHTO
Design Manual.
F The grade and ground lines of all streets that dead-end, except cul-de-sacs, shall be
continued for 500 ft beyond the proposed construction, unless that property is under
different ownership. The grade and ground lines of all arterials shall be designed to
continue 1000 ft beyond the end of proposed construction unless that property is under
different ownership.
G. Sight Triangle Standards shall be in accordance with the WSDOT Design Manuals. Site
triangles shall be shown on the preliminary and final land segregation documents. Site
triangles shall apply to all private and public roads. Plat notes and covenants shall reflect
that site triangles shall be kept free of all trees, bushes, landscaping, fences or obstacles.
H. Street Projections into Future Adjoining Subdivisions.
1. The location of proposed streets shall allow for the proper conveyance of
the storm drainage system.
2. Where a street is indicated to dead end into an adjacent unplatted area, the
developer shall provide written approval from the adjacent landowner to
discharge his storm drainage from the street onto the adjacent land if such
drainage occurs.
3. Stub streets shall end at the property line with a cul-de-sac unless the
Engineer recommends otherwise.
4. Type III barricades shall be permanently installed at the end of all stub
streets that do not end in a cul-de-sac.
The County Engineer may determine that the AASHTO's Policy on Geometric Design of
Highway and Streets, current edition, can be substituted for the WSDOT Design Manual
on a case -lay -case basis.
Roadway and Right -of -Way Width Requirements
< 40 MPH Design Speed > 40 MPH Design Speed
Roadway Width ROW Width
Roadway Widthz ROW Width
0-400 ADT
24
60
26
60
Less than 400 ADT
26
60
26
60
'ADT to be determined using the most recent edition of the ITE Trip Generation manual.
'Additional roadway or shoulder width may be required on roads with steep side slopes or roads
designated as bicycle routes in the Long -Range Transportation Plan.
Table 4-2
BST Surfacing and Structural Requirements
Subgrade Condition4
Crushed Stone Depth,
BST Surface Class Az
Poor
20 inches
0-200 ADT Average
16 inches
3/4 inch nominal
Good
16 inches
Poor
21 inches
201-400 ADT Average
16 inches
3/4 inch nominal
Good
16 inches
Poor
24 inches
> 400 ADT
3/4 inch nominal
Average
18 inches
Good
18 inches
'ADT to be determined using the most recent edition of the ITE Trip Generation manual.
IBST Class A is a Bituminous Surface Treatment Class A as defined in WSDOT Standard Specifications
5-02.1(1), current edition.
3HMA shall be used on grades exceeding 10%
^Subgrade Conditions
Poor Mr=5000 psi
Average M r=10000 psi
Good Mr=20000 psi
AASHTO SOIL
AASHTO SOIL
AASHTO SOIL
A4, A5, A6, A7
A2
All, A3
'Crushed stone depth may be reduced based upon on -site soils investigation.
Design assumes the area is well drained and not susceptible to frost.
Print Table 4-2
Table 4-3
HMA Surfacing and Structural Requirements
ADTI
Subgrade Conditionz
HMA Surface
Crushed Stone Depth3
Poor
2.5 inches
11 inches
0-200
Average
2.5 inches
9 inches
ADT
Good
2.5 inches
9 inches
Poor
3 inches
12 inches
201-400
ADT
Average
3 inches
9 inches
Good
3 inches
9 inches
> 400
Design for greater than 400 ADT shall be in accordance with WSDOT Pavement
ADT
Policy, Volume 1, current edition.
'ADT to be determined using the most recent edition of the ITE Trip Generation manual.
2Subgrade Conditions
Poor Mr=5000 psi AASHTO SOIL A4, A5, A6, A7
Average Mr=10000 psi AASHTO SOIL A2
Good Mr=20000 psi AASHTO SOIL Al, A3
'Crushed stone depth may be reduced based upon on -site soils investigation.
Design assumes the area is well drained and not susceptible to frost.
Print Table 4-3
(Ord. 2015-010, 2015; Ord. 2005-30, 2005; Ord. 2004-013, 2004; Ord. 94-18, 1994)
12.04.040 Design Criteria within an Urban Growth Area.
A. Roads proposed within the UGA shall conform and support the road system or grid,
Transportation Plan and Comprehensive Plan of the affected city.
B. Roads constructed within the UGA shall comply with the road standards of the affected
city or Kittitas County Road Standards, whichever is more stringent. The city shall have
the final approval of the road alignment, geometry and construction requirements.
C. Utilities constructed within the UGA shall comply with the requirements of the affected
city.
(Ord. 2015-010. 2015)
12.04.050 Design Standards.
The design standards established in this title represent minimum values. The sources for these design
standards include applicable standards established by AASHTO and WSDOT. Every effort has been
made in this title to provide consistent, accepted, and established standards to follow, which will
result in a safe and efficient public and private road system at a reasonable cost to construct and
maintain, while at the same time minimizing adverse environmental impacts.
In addition to the specific design standards found throughout other parts of this title, the following
general design principals shall be adhered to insofar as practical :
A. Layout of lots and blocks should provide desirable settings for structures by making use
of natural contours and maintaining existing views, affording privacy for the residents
and protection from adverse noise and vehicular traffic. Natural features and vegetation
of the area should be preserved where practical. The resulting road system must,
however, provide for the safe and efficient movement of people and goods and also
allow for proper construction and maintenance practices to occur.
B. Tree masses and large individual trees should be preserved. The system of roadways,
sidewalks, bicycle and equestrian trails, and the lot layout should be designed to take
advantage of visual qualities of the area.
C. In high -density development particularly, pedestrian ways, bike paths, and equestrian
trails should be separated from roadways used by vehicular traffic. Sidewalks should be
designed to provide all residential building sites with direct access to all neighborhood
facilities, including schools and school collection points, parks and playgrounds,
churches and shopping areas.
D. Roads should be located with appropriate regard for topography, creeks, wooded areas,
and other natural features, which would enhance attractive development.
E. Roads should not be located so as to closely parallel streams or be subject to flooding.
There should be a vegetated strip to trap soil carried by runoff between the toe of fill
and the stream channel.
F. In mountainous terrain, it may be preferable to provide more right-of-way than the
minimum required to construct the road itself. The road will be permitted to wind
around within the right-of-way to reduce cuts and unnecessary scarring, provided
minimum standards are met. This higher standard right-of-way will permit
improvements of the alignment as traffic warrants.
G. Existing roads, including roads in subdivisions having preliminary plat approval in
adjoining properties, shall be continued at equal or greater width and in similar
alignments by roads proposed in the subdivision, unless variations are approved.
H. Roads within rural subdivisions should be designed as a system of circulation routes so
that the use of local roads by through traffic will be discouraged.
I. Roads shall intersect at right angles as possible. Written approval from the Engineer
shall be required if an intersection is proposed that would deviate more than 10 degrees
from perpendicular.
J. When a tract is divided into lots which are twice as large on average than the underlying
zoning, such lots or parcels shall be arranged to permit the logical location and opening
of future streets or roads.
(Ord. 2015-010. 2015)
12.04.060 Geotechnical Investigation.
Geotechnical conditions shall be investigated and tested in accordance with WSDOT Geotechnical
Design Manual or AASHTO design manuals. The County Engineer may require additional
geotechnical investigation based upon specific site conditions. (Ord. 2015-010, 2015)
12.04.070 Private Road Design Requirements.
Private roads shall comply with the following conditions:
A. Shall meet the minimum access requirements of the International Fire Code as adopted
by the County, , or Kittitas County Road Standards, whichever is more stringent,
and
B. Shall be designed and constructed in conformance with AASHTO Guidelines for
Geometric Design of Very Low -Volume Local Roads (ADT< 400), most recent edition,
and
C. Shall be permanently established by a right-of-way or easement recorded with the
Kittitas County Auditor, providing legal access to each affected lot, dwelling unit, or
business, and
D. Stormwater generated by roads shall be managed and retained on -site with a
stormwater system that conforms to the specifications of the most current version of the
Stormwater Management Manual for Eastern Washington and KCC 12.06. The
Stormwater system construction shall be certified by a licensed engineer. The
certification shall be included with the road certification, and
E. Will not result in land locking of existing or proposed parcels, and
F. Will be maintained by the developer or legally responsible owner or homeowners'
association or other legal entity made up of all benefited property owners, under the
provisions of an acceptable and recorded "Private Road Maintenance Agreement", and
G. Clearly described on the face of the plat, short plat, or other development authorization,
signed as a private road according to Public Works Road Naming & Signing Standards,
and a disclosure statement filed with the County Auditor stating that Kittitas County is
not responsible for the maintenance, and
H. The following notes shall be placed on the face of the plat, short plat, or other
development authorization, as appropriate:
a. "Kittitas County will not accept private roads for maintenance as public
roads until such roads are brought into conformance with current Kittitas
County Road Standards and formally adopted by the Kittitas County Board
of County Commissioners.
b. Those notes required by KCC 12.01.095
(Ord. 2019-013, 2019; Ord. 2015-010. 2015)
12.04.080 Private Road Design Criteria.
Private roads shall comply with the design requirements of Table 4-4A and 4-4B.
Table 4-4z'-�1
Private Road Minimum Design Standards
Design Elements Road Type
Number of Parcels
and/or Units
Minimum Easement
Width
Paved Apron,
Roadway Width
Shoulder Width
Minimum Centerline
Radius (ft)
Surfacing
Requirements4
Minimum Crushed
Surfacing-,
Maximum Grade %
Cul-de-Sac Required
Joint -Use Private Private Private
Private Road
Driveway Road, Road, Road,
Average Lot Size <= 10.0 acres
Average Lot Size >
10.0 acres
4 3-14 15-40 41 +
2+
30"
60`3
60'
60'
60'
N/A
Req'd
Req'd
Req'd
Req'd
12' or 16'
20'
22'
22'
20'
N/A
1'
1'
2'
1'
N/A
60
60
60
Gravel
N/A
15
N/A
Gravel
A
10
Req'd
BST/ACP Gravel
6" 6"
10 10
Req'd Req'd
County Road Approach Req'd Req'd Req'd Req'd
Permit
Stopping Site Distance N/A AASHTO AASHTO AASHTO
Ditch Slope (inside 2:1 2:1 2:1 2:1
slope)
'Applies to all roads accessing existing paved roadway.
'Ail private roads shall be inspected and certified by a civil engineer licensed in the State of
Washington for conformance with the current edition of the Kittitas County Road Standards
'Existing road easements may be a minimum of 40'. New road easements shall be a minimum of 60'.
Existing driveway easements may a minimum of 20'. New driveway easements shall be a minimum of
30'.
'Crushed surfacing per WSDOT Standard Specifications.
'Additional depth may be required for roads that are to be public roads.
6A variance request is required for private road grades between 10-12%
able 4-4B
Driveway Design Standards
Minimum Driveway Standards
Length Grade Required Minimum Surfacing Required Minimum Width
<150 10% or less Gravel compacted surface 12 feet
> 150 10% or less Gravel compacted surface 16 feet with two foot clear zone on each side
Single and Joint -Use Driveway Mitigation Options Due to Grades Exceecung io%
<100
10%— 16% Gravel compacted surface
20 feet
<100
<16%
Asphalt or concrete paving
20 feet
> 100
10% —
12% Asphalt or concrete paving
16 feet with two foot clear zone on each side
> 100
13% —15%
Asphalt or concrete paving
20 feet wide with one foot gravel shoulders
>100
>16%
Variance Required
Variance Required
Ord. 2019-013
2019; Ord. 2015-010. 2015)
12.04.090 Private Road Construction Control, Inspection and Certification.
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
12.01.150. 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.
The following provides road certification guidelines:
A. Compaction Testing: Materials used to construct private roads shall be compacted as
specified by KCC 12.09.040. Testing methods and results shall be included in the road
certification.
B. Bridges: Bridges serving private roads shall have a certified live load rating of at least
75,000 pounds or as required by KCC 20.02,050. Certification of bridges shall follow the
guidelines of KCC 12.07.020. All inspection and testing results shall be included in the
road certification.
C. Road Grade: Maximum grade shall not exceed 10%. The County Engineer may require
profile sheets or grade between stations to be included in the road certification.
D. Stormwater Management: Stormwater generated by roads shall be managed and
retained on -site with a stormwater system that conforms to the specifications of the
most current version of the Stormwater Management Manual for Eastern Washington
and KCC 12.06. The stormwater system construction shall be certified by a licensed
engineer. The certification shall be included with the road certification.
E. Geotechnical Analysis: Geotechnical conditions shall be investigated and tested in
accordance with WSDOT Geotechnical Design Manual or AASHTO design manuals. The
County Engineer may require additional geotechnical investigation based upon specific
site conditions. Results shall be included in the road certification.
F. As -built Plans: As -built plans or design plan markups of the constructed road shall be
submitted with the road certification.
G. General Info: Vicinity map, plat info, inspection date, construction date, applicable road
standards, developer name, terrain, road maintenance agreement, photos, etc.
(Ord. 2015-010, 2015)
Chapter 12.5
DRIVEWAYS AND ACCESSES*
Sections
12.05.010 Authority,
12,05.020 Purpose.
12.05.030 Implementation.
12.05.040 Obtaining a Permit.
12.05.050 Construction of Access.
12.05.060 Use of Access.
12.05.070 Illegal Access to the County Road.
12.05.080 Conditions for Approval of New Driveways.
12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
* Formerly 12.30; renumbered by Ord. 2004.13, 2004
12.05.010 Authority.
Pursuant to RCW 36.75.130local governments are authorized to regulate vehicular access to and
from any public road under their respective jurisdiction from or to property adjoining a public road.
(Ord. 2015-010. 2015)
12.05.020 Purpose.
It is the purpose of this section to provide the procedures and standards necessary to protect the
public health, safety and welfare, maintain smooth traffic flow, maintain road right-of-way drainage,
and protect the functional level of the public roads while meeting state, regional, local, and private
transportation needs and interests. (Ord. 2015-010, 2015)
12.05.030 Implementation.
A. No person shall construct any access providing direct movement to or from any Kittitas
County maintained road from or to property adjoining the road without an access
permit issued by the Kittitas County Department of Public Works, hereinafter called the
"Department."
B. Access permits shall be issued only in compliance with this chapter, Table 4-4, and the
conditions for approval of the Kittitas County Access Permit. In no event shall an access
be allowed or permitted if it is detrimental to public health, welfare, and safety. Spacing
requirements for all access points are shown'in Table 5-1. Site distance requirements are
shown in Table 5-2.
C. Residential and agricultural accesses shall be designed in accordance with [Kittitas
County Drawings], most recent version. All commercial and industrial accesses shall be
designed in accordance with Exhibits 1340-1 and 1340-2 Driveway Design Templates of
the WSDOT Design Manual and approved by the County Engineer prior to access permit
issuance.
D. Commercial approaches are subject to all requirements of the Kittitas County
Department of Public Works Commercial Approach Procedures.
E. For commercial or industrial driveways with heavy traffic volumes or a significant
number of trucks, the Engineer may require construction of the access as a road
intersection. This requirement will be based on a concurrency analysis that considers,
among other factors, intersection spacing, sight distances and traffic volumes. The
concurrency analysis shall be completed in conformance with KCC 12.10.
F Direct access from an individual lot to the County Road shall not be permitted unless no
other alternative exists. Newly created lots shall access onto an internal road system and
not directly onto a County Road, unless approved by the County Engineer. Lots
adjoining County Roads shall access from the lowest classified road or from ajoint-use
driveway, when possible. Police, fire, ambulance, and other emergency stations shall
have a right to direct access to County roads..
G. Lots that access easements or rights -of -way controlled by different agencies, such as
State highways, Forest Service Roads, irrigation canals, or railroads will require separate
access approvals from those agencies. A copy of the access approval shall be submitted
to the County prior to issuance of the County's access permit or preliminary approval for
any land use development application. The County cannot grant access to roads or
easements it does not control.
H. All lots created having direct access to a County road must show the proposed driveway
access locations that conform to access/spacing requirements on the face of the plat,
unless the County Engineer decides the location may be determined through the access
permit application process.
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.
J. No more than one access shall be granted to an individual parcel or to continuous
parcels under the same ownership unless it can be shown that:
a. The additional access would be beneficial to the public traveling the public
road; and
b. Allowing only one access would be in conflict with local safety regulations;
and
c. The additional access would not be detrimental to public health, safety and
welfare; OR
d. The additional access is for agricultural use only and the access location
meets spacing and site distance requirements. Any change of use of the
agricultural access will require the access to be reevaluated to meet the
conditions of Kittitas County Road Standards.
(Ord. 2015-010, 2015)
12.05.040 Obtaining a Permit.
A. Persons wishing to apply for direct access to a County road should contact the Kittitas
County Department of Public Works. The Department may require any of the following
items, when relevant to the evaluation of an access:
1. Road and driveway plan and profile,
2. Complete drainage plan of the site that impacts the road right-of-way,
3. Map and letters detailing utility locations before and after development in
and along the road,
4. A subdivision zoning or development plan,
5. Property map indicating other access and abutting public roads and streets,
and
fi. Proposed access design.
B. The Department will evaluate access permit applications upon receiving the permit fee.
The Department will make every effort to evaluate the permit within 15 days.
C. The Department will work cooperatively with applicants when determining requirements
on access requests. Through this cooperative evaluation process, the Department may
determine a variation from the access design standards is necessary due to site
limitations or other existing conditions and has the authority to make that decision.
However, if the applicant disagrees with the Department's requirements on an access
request, the applicant will be required to request a variance to the standards according
to KCC 12.01.130.
D. Prior to issuing a denial on an access permit request, the Department shall attempt to
resolve the reasons for the denial with the applicant.
E. Any appeals of a denied access permit shall be resolved through the Administrative
Decisions Appeals process according to KCC 15A.07_
(Ord. 2015-010, 2015)
12.05.050 Construction of Access.
A. The issued access permit will be provided to the permittee along with the requirements
for construction. The permittee will have the amount of time defined by the
accompanying building permit from the date of issuance, as shown on the permit, to
complete construction of the access and request inspection by the Department. in the
absence of a building permit the permittee will have 12 months from the date of
issuance to complete construction and request inspection by the Department.
B. The construction of the access suitable to Public Works inspection staff must complete
prior to issuance of final occupancy.
C. The expected dates of construction and use of the access shall be included on the
request for an access. The permittee shall notify the Department at least 48 hours prior
to any construction in County right-of-way.
D. The Department shall inspect the access upon completion of construction to ensure that
all terms and conditions of the permit are met. The Department may request to inspect
the access during construction.
E. The construction of the access and its appurtenances as required by the terms and
conditions of the permit shall be completed at the expense of the permittee.
F. It is the responsibility of the permittee to complete the construction of the access
according to the terms and conditions of the permit. The Department may order a halt
to any unauthorized construction or use.
G. Adequate construction signing, in conformance with MUTCD, most recent edition, is
required at all times during access construction. This may include, but is not limited to,
the use of signs, flashers, barricades and flaggers. The Department and its duly
appointed agents and employees shall be held harmless against any action for personal
injury or property damage sustained during construction of the access.
H. The hours of work on or immediately adjacent to the highway may be restricted due to
peak hour traffic demands and other pertinent roadway operating restrictions.
1. A copy of the permit shall be available for review at the construction site. If necessary,
minor changes and additions may be ordered by the Department to meet unanticipated
site conditions.
(Ord. 2021-015, 2021;Ord. 2015-010. 2015)
12.05.060 Use of Access.
A. During road construction or maintenance, the Department may determine that it is
necessary to reconstruct or relocate an existing access. The Department will notify
affected landowners prior to performing any work on the access
B. It is the responsibility of the property owner to ensure that the use of the access to the
property is not in violation of the section, permit terms and conditions. The terms and
conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
C. When there are changes in property use which result in changes in the type of access
operation and/or the access is not in conformance with this chapter, the reconstruction,
relocation, and conformance of the access to this chapter may be required at the
expense of the owner.
(Ord. 2015-010, 2015)
12-05.070 Illegal Access to the County Road.
The property owner will be sent written notice of any illegal access location, or use. The owner will be
given 10 days to respond to notification of pending actions. After 10 days, the Department may
install barriers across or remove any access not conforming to this chapter at the expense of the
owner. (Ord. 2015-010, 2015)
12.05.080 Conditions for Approval of New Driveways.
A. Driveways directly accessing arterials and major or minor collectors may be denied if
alternate access is available.
B. All abandoned driveways shall be removed at the owner's expense.
C. Maintenance of driveway approaches shall be the responsibility of the owner whose
property they serve. The County will not maintain accesses.
D. Maintenance of any driveway culvert shall be the responsibility of the owner whose
property they serve. Damaged or failing culverts must be replaced by the owner whose
property they serve. If the culvert is in need of replacing the county may give the
property owner 30 days notice to replace the culvert. After such time the County may
replace the culvert and charge the owner the cost of the replacement. The County will
not maintain accesses. The county may clear the culvert to allow water to pass.
E. For driveways crossing an open ditch that is anticipated to carry storm water flows,
culverts shall be new corrugated metal 15 inches in diameter or larger, with beveled
ends. The beveled ends shall have a 4:1 slope. The culvert type, diameter and length
shall be constructed as required by the County and noted on the Access Permit. Any
other substitute requires the approval of the County Engineer.
F No driveway or road shall be constructed within five feet of the side yard boundary,
unless the driveway or road is part of an easement shared with the neighboring
property owner.
Access Spacing Requirements,.z
Road Classificatinn(FFC3) Speed Access' Spacing
Rural Arterial Above 35 475 ft.
Rural Major Collector 35 and below 250 ft.
Rural Minor Collector
Rural Local Access
All Urban Classifications
Above 35 300 ft.
35 and below 150 ft.
Above 35 100 ft.
35 and below 100 ft.
'Any access that cannot meet applicable spacing will require an approved variance
z Residential & urban zones will be evaluated on a case by case basis
3 Federal Functional Classification - Refer to KCC 12.03.030
" Includes public and private roads and all other access points
Table 5-2
Sight Distance Requirements
Posted Speed Limit Distance
25 Mph 150 ft.
35 Mph 250 ft.
50 Mph 475 ft.
(Ord. 2015-010. 2015)
12.05.090 Driveway Access Predating the Adoption of Road Development Standards.
Driveway access existing prior to the County's adoption of Standard Specifications for Road and
Bridge Construction with Resolution RD-41-70 (1970), are allowed to remain with a change in land
use provided such existing access does not constitute a resulting safety hazard as defined by the
County Road Engineer. (Ord. 2022-01 i . 2022)
Chapter 12.6
STORM WATER MANAGEMENT STANDARDS AND GUIDELINES*
Sections
12.06.010 Purpose.
12.06.020 Specifications.
12.06.030 Exemptions.
12.06.040 General Requirements.
12.06.050 Drainage Facilities.
12.06.060 Submittal Requirements.
12.06.070 Review and Approval of Plan.
12.06.080 Variances.
12.06.090 Stormwater System Maintenance.
* Formerly 12.70; renumbered by Ord. 2004.13, 2004
12.06.010 Purpose.
This chapter establishes stormwater standards and guidelines for use in Kittitas County. They will be
used by the development community and others who will create stormwater runoff through land -
disturbing activities. The purpose of this chapter will be met through the following:
A. Adopting the Stormwater Management Manual for Eastern Washington (SWMMEW) as
now and hereafter amended, for use within Kittitas County.
B. Prevent accelerated soil erosion and control stormwater runoff resulting from land
disturbing activities both during and after construction through the use of best
management practices.
C. Eliminate the need for costly maintenance and repairs to roads, embankments, ditches,
streams, wetlands, and stormwater control facilities due to inadequate soil erosion and
stormwater runoff control.
D. Reduce stormwater runoff rates and volumes, soil erosion, sediment, and nonpoint
source pollution from development and redevelopment through stormwater Best
Management Practices (BMP).
E. Provide long-term responsibility for and maintenance of stormwater BMPs.
F. Protect the conditions of state (and U.S.) waters for all reasonable public uses and
ecological functions.
G. Facilitate compliance with state and federal standards and permits by owners of
construction sites, developments, and permanent stormwater BMPs within Kittitas
County.
(Ord. 2015-010, 2015)
12.06.020 Specifications.
All stormwater facilities shall be designed in accordance with the current editions of Washington
State Department of Ecology's SWMMEW, WSDOT's Highway Runoff Manual and Hydraulics Manual,
current editions, using the most restrictive specifications. (Ord. 2015-010, 2015)
12.06.030 Exemptions.
Projects exempt from this code include the exemptions and partial exemptions listed in the
SWMMEW, Sections 2.1.3, 2.1.5 and 2.1.6, current edition. Local exemptions shall be determined
through the variance process outlined in KCC 12.06.080. (Ord. 2015-010, 2015)
12.06.040 General Requirements.
The following requirements shall be implemented in accordance with the SWMMEW:
A. Core Element No. 1. Prepare a stormwater site plan prior to final plat approval that will be
reviewed by the County Engineer according to all of the applicable core elements as defined below.
B. Core Element No. 2: Construction Stormwater Pollution Prevention. Prepare and maintain a
construction stormwater pollution prevention plan on site during the entire project and amend as
necessary.
C. Core Element No. 3: Source Control of Pollution. Apply all known, available and reasonable
source control BMPs. Operational and structural source control BMPs shall be selected,
designed and maintained according to the SWMMEW.
D. Core Element No. 4: Preservation of Natural Drainage Systems. Preserve natural drainage
systems to the extent possible at the site.
E. Core Element No. 5: Runoff Treatment. Projects that result in five thousand square feet or
more of new pollutant -generating impervious surfaces shall design, size, construct, operate
and maintain runoff treatment at the site.
F. Core Element No. 6: Flow Control. Projects that result in ten thousand square feet or more of
new impervious surfaces shall design, size, construct, operate and maintain stormwater flow
control facilities at the site.
G. Core Element No. 7: Operation and Maintenance. Projects that utilize structural BMPs shall
prepare an operation and maintenance plan that is prepared in accordance with the
SWMMEW.
H. Core Element No. 8: Local Requirements. Projects that meet the requirements of Kittitas
County Road Standards will meet any optional requirements that are adopted as a part of
this chapter or required by Kittitas County Public Works.
I. Conveyance systems shall be analyzed and designed to manage the twenty -five-year peak
flows from core element Nos. 5 and 6.
(Ord. 2015-010. 2015)
12.06.050 Drainage Facilities.
Culverts with a minimum diameter of 15 inches must be installed at all County road intersections and
at all crossings of well defined natural drainage courses, unless other provisions are made to handle
the passage of surface run-off through the roadway prism. BMPs shall be used during construction
to manage stormwater. All internal development roads shall handle all stormwater within the
development.
All drainage facilities within current or future County right-of-way must be of the type and nature
that can be easily maintained by the County. All stormwater facilities within the development and
outside the County's right-of-way shall be maintained by the developer or homeowner's association.
(Ord. 2015-010. 2015)
12.06.060 Submittal Requirements.
Submittal Requirements for Stormwater Site Plans (Reference Ch.3 of the SWMMEW):
A. Preliminary Submittal Requirements
a. Collect and Analyze Information on Existing Conditions
i. Downstream Analysis
ii. Identify areas of high erosion and sediment depositions
iii. Locations of sensitive and critical areas
b. Determine Applicable Core Elements
c. Prepare a Conceptual Stormwater Control Plan
i. Identify Stormwater Conveyance System
ii. Identify Stormwater Detention/Retention Area & Methods
B. Final Submittal Requirements
a. Apply preliminary subdivision conditions relating to stormwater
b. Prepare a Final Stormwater Control Plan
c. Provide a Drainage Report with supporting calculations
d. Prepare a Construction Stormwater Pollution Prevention Plan
C. Provide a copy of recorded Notice to Title — For maintaining private stormwater
drainage system prior to final project approval. The Notice to Title is available at the
Public Works Department.
(Ord. 2015-010. 2015)
12.06.070 Review and Approval of Plan.
The stormwater plan and supporting calculations will be reviewed by the Department of Public
Works using the Department's construction plan review procedures in coordination with all other
County development and/or permit review procedures. The County's review and approval of the
stormwater plan shall not relieve the developer, owner and/or designer of liability for errors or
omissions in the design of storm drainage facilities.
12.06.080 Variances.
Variances from these Stormwater standards and guidelines may be requested by the developer in
accordance with Section 12.01.130. Variances shall be issued only when the following criteria exist:
A. There are special physical circumstances or conditions affecting the property such that
would prohibit the strict application of these provisions; and
B. Every effort has been made to find alternative ways to meet the objectives of the Core
Elements; and
C. The granting of the exception or variance will not be detrimental to the public health
and welfare, nor injurious to other properties in the vicinity and/or downstream, and to
the quality of waters of the state; and
D. The exception is the least possible exception that could be granted to comply with the
intent of the Core Elements.
12.06.090 Stormwater System Maintenance.
All newly constructed stormwater systems will be maintained at the expense of the property owner,
developer or other legal entity. The County will not maintain systems constructed for the purpose of
storage, conveyance, collection or treatment of stormwater generated on privately owned properties.
This responsibility and the provision for maintenance shall be clearly stated on subdivision and short
plat plans, property conveyance documents, and/or drainage improvement plans.
In the event the owner(s) does not provide property maintenance and the County Engineer
determines the stormwater facility represents a public safety threat, the Director will give 30-day
notice to the owner(s) to correct the deficiencies. If the deficiencies are not corrected within 30-days
the County may enter upon the property to perform the necessary maintenance at the owner(s)
expense. This provision for access will be included as a provision of plat or plan approval. (Ord. 2015-
2015)
Chapter 12.7
BRIDGES AND MAJOR DRAINAGE STRUCTURES*
Sections
12.07.010 Design Standards.
12.07.020 Structure Inspections.
* Formerly 12.60; renumbered by Ord. 2004.13, 2004
12.07.010 Design Standards.
A. All bridges and major drainage structures serving public or private roads and driveways
shall conform to KCC 12.01.110
B. Bridge and major drainage structure clear width shall accommodate the full width of the
traveled lanes and shoulders of approach roads. Bikeway and pedestrian walkways shall
be provided where justified.
C. All roadway structures must be designed in accordance with applicable WSDOT design
manuals or AASHTO design guidelines. All new bridges and major drainage structures
shall meet a minimum design load structural capacity of HF_-93, or as required by::
20.02.050. The load rating for privately owned bridges shall be posted as required
by KCC 20.02.050
D. All box culverts and bridges shall have the year of construction permanently indentured
on the downstream headwall face in legible numbers. The numbers shall be 3" high by
1-1/2" wide by approximately 3/8" deep in the headwall face.
E. All bridge and major drainage structures shall be designed by a professional civil
engineer licensed in the State of Washington.
F. Foundation designs shall be based upon the recommendations of a qualified
geotechnical engineer. These recommendations shall be documented in the
geotechnical report.
G. Bridge and major drainage structure waterway opening designs shall conform to the
parameters of the applicable WSDOT design manual, AASHTO design guidelines, and
the guidelines and regulations of any agency, such as the Washington Department of
Fish and Wildlife and Army Corps of Engineers.
H. Bridges and major drainage structures that function as a driveway must meet the
standards set forth in the most current version of the International Fire Code for
minimum width and load as required by KCC 20.02,050,
, 2015)
12.07.020 Structure Inspections.
A. It is the developer's responsibility to ensure all materials are tested and inspected as
required.
The developer's structural engineer or his representative, familiar with the structure's
design, shall review the construction in sufficient detail to confirm that the construction
is as specified.
C. Inspection of construction shall be conducted, as frequent as necessary to ensure the
construction conforms to the plans and specifications. A written log or report of all work
shall be furnished to the County Engineer at completion of the structure.
D. Testing of materials shall conform to the requirements of WSDOT Standard
Specifications, and WSDOT Materials Manual, latest edition.
E. When land use development activities increase the use of existing bridges, the bridges
shall be re -inspected and all inspection and testing results provided to the Department
of Public Works. Re -inspection of privately owned bridges shall be included in the road
certification.
F. Inspection of existing bridges shall be conducted by a civil engineer licensed in the State
of Washington familiar with bridge design, construction and load ratings. The engineer
shall submit a report indicating the existing bridge meets the requirements set forth in
these standards in regards to load rating, function, superstructure and abutments.
Bridges inspected within two years do not need to be re -inspected unless there is
obvious damage or deterioration to the sub -structure, superstructure or the approach.
(0rd. 2015-010. 2015)
Chapter 12.8
SUBMITTAL. REQUIREMENTS FOR CONSTRUCTION PLANS
Sections
12.08.010 General.
12.08.020 Certification.
12.08.030 Submittal Procedure.
12.08.040 Vicinity Map.
12.08.050 Key Map.
12.08.060 Title Block.
12.08.070 Acceptance Block.
12.08.080 General Standards for Subdivision Final Construction plans. (Publisher's note - 12.04.090
was not enumerated in the ordinance.)
12.08.100 Scale.
12.08.110 Date of Plans.
12.08.120 Seal and Signature.
12.08.130 Underground Utilities.
12.08.130 Private Improvements. (Publisher's note - 12.04.030 was a duplicate number in the
ordinance.)
12.08.140 Requirements for Road Plan and Profile Drawings.
12.08.150 Signing and Striping Plans.
12.08.160 Range Points/Property Monuments/Benchmarks.
12.08.010 General.
The following documentation is required in conjunction with the submittal of construction plans for
any public or private roadway or storm drainage improvement for which approval by the Kittitas
County Department of Public Works is required. (Ord. 2015-010, 2015)
12.08.020 Certification.
A. All construction plans and drainage reports, soils reports and pavement designs shall be
prepared by, or under the direction of, a civil engineer, licensed in the State of
Washington, and shall be reviewed for the minimum requirements set forth herein. The
engineer should be aware that whenever unusual or serious problems are anticipated in
conjunction with a proposed construction project, additional information and analysis
beyond the minimum requirements of these specifications and criteria would be
required.
Construction plans submitted for review and comment must include the following
statement on the cover sheet:
These construction plans for (name of subdivision, development, or project) were prepared
by me (or under my direct supervision) in accordance with the requirements of the Kittitas
County Road Standards.
Name of Engineer
Name of Firm
Date
The statement shall be signed and stamped by the licensed civil engineer who prepared
or directed preparation of the construction plans.
C. Unless otherwise identified or noted, all construction plan submittals 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.
D. Kittitas County shall not be responsible for the accuracy and adequacy of the design or
dimensions and elevations on the plans. Kittitas County, through the acceptance of the
construction plan or drainage report, assumes no responsibility for the completeness
and/or accuracy of the construction plan or drainage report. The cover sheet shall bear
the following statement:
The engineer who has prepared these plans, 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 these plans, and approval of these plans by the Department of
Public Works shall not relieve the engineer who has prepared these plans of any such
responsibility.
(Ord. 2015-010, 2015)
12.08.030 Suhmiftall Procedure.
Plans for proposed road and drainage construction shall be submitted to the Department of Public
Works as follows:
A. The first submittal shall consist of two complete sets of preliminary civil engineering
plans. The plans shall be submitted at plat application. The plans shall consist of a
conceptual plan and profiles plan, proposed cross section and conceptual stormwater
plan as required by KCC 12.06
B. The second submittal shall consist of two complete sets of final civil engineering plans
together with a final grading plan and profile plans, final stormwater plan, construction
details, temporary erosion and sediment control plan or SWPPP, and any supporting
documents such as stormwater calculations, geotechnical reports, environmental studies
and traffic impact analysis. The plans shall be signed and stamped by the developer's
engineer. The developer's engineer must be a civil engineer licensed in the State of
Washington. Review fees, when adopted and applicable, shall be paid by the developer
before review of the plans by the County commences.
C. If corrections are required, the County will return a redlined print showing necessary
corrections within 30 days of submittal.
D. Subsequent submittals shall also contain two complete sets of plans and other
supporting information, if corrected. When all corrections have been made to the
County Engineer's satisfaction, the final mylar set of plans will be signed and returned to
the developer's engineer.
E. Any revisions to approved plans shall be submitted for approval prior to construction.
Revisions shall be stamped and signed by the developer's engineer. Proposed revisions
shall be indicated on a copy of the original approved construction plans that includes
the County Engineer's signature. The proposed revision shall be clearly shown by
strikeout of text, cross -out of items, and/or clouding as appropriate, and by posting the
drawing revision block. If the proposed revisions are to the satisfaction of the County
Engineer, the revised mylar set of plans will be signed and returned to the developer's
engineer.
F The developer's engineer shall provide the County with a good quality reproducible
mylar and two complete sets of prints of the approved plans and one complete set of
other supporting documentation. The developer's engineer shall also provide a quantity
take -off and engineer's cost estimate of proposed construction when the project is to
be secured by a performance guarantee as outlined by KCC 12.01.150
G. Plans will be reviewed by the County according to the date they were submitted.
Previously reviewed or approved plans submitted to the County for a revision will be
considered a new submittal. Approved plans under construction will be considered a
resubmittal and will be reviewed prior to new submittals.
(Ord. 2015-010, 2015)
12.08.040 Vicinity Map.
A. Minimum scale is 1"=1000' showing the location and name of all arterial roadways
within one mile of the proposed construction, and all other roadways in the vicinity of
the proposed construction. Shading shall indicate the project area. This map is required
on the cover sheet or first sheet of all submittals, if no cover sheet has been used. The
vicinity map shall show all arterial roadways and major drainage ways. Section,
Township, and Range shall also be shown.
B. Minimum size of vicinity map shall be 10" x 10".
12.08.050 Key Map.
A. Minimum scale is 1"=500' showing the location and name of all roadways within and
adjacent to the proposed construction and all future roadways. Scale shall be indicated.
The key map shall be oriented consistent with detail in the sheet, i.e. same north.
B. The key map is to appear on every sheet showing proposed roadway, storm drainage or
grading improvements. The roadway or area that the design pertains to shall be shaded.
(Ord. 2015-010.2015)
12.08.060 Title Block.
A title block is required on every sheet and cover sheet submitted for review and acceptance. The
subdivision name and filing number, Planned Unit Development name (if applicable); the type of
improvement; name, address, including zip code, and telephone number and name of the consulting
engineer; name, address, including zip code, telephone number and name of the developer or agent;
and sheet number (consecutive, beginning with the cover sheet) shall be included in the title block.
The title block shall be located in the extreme lower right hand corner, the right side margin, or
along the bottom edge of the sheet.
12.08.070 Acceptance Block.
All roadway construction plans, stormwater or other drainage improvement construction plans, and
privately or publicly maintained stormwater detention or retention facility construction plans must
show the acceptance signature of the designated representative of the Kittitas County Department of
Public Works.
A. The acceptance block shall be located in the lower right hand quadrant of the cover
sheet.
B. Acceptance block shall be as follows:
"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.
County Engineer Date
(Ord. 2015-010, 2015)
12.08.080 General Standards for Subdivision Final Construction Plans.
The following general standards shall be met for final construction plans.
A. All road and stormwater construction must conform to Kittitas County Road Standards
current at the time of application. Any construction occurring four years or more after
final approval shall require reexamination of the plans by the Engineer who may require
that they be made to conform to standards and specifications current at that time.
B. The developer's contractor shall give the Department of Public Works staff at least 24-
hours advance notice before beginning road construction. Road paving or aggregate
base course placement shall not start until the subgrade is proof rolled and inspected,
and compaction test results for the subgrade and any utility trenches are submitted and
approved by the County Engineer
C. The contractor shall obtain separate access, work in the right-of-way or franchise
permits from Public Works before undertaking any construction work in the existing
County right-of-way.
D. All traffic control devices must conform to the Manual on Uniform Traffic Control
Devices (MUTCD), current edition at the time of construction.
E. Prior to release of collateral by Kittitas County the developer must present a statement
from a civil engineer licensed in the State of Washington that the project has been
completed in substantial compliance with approved plans and specifications. The
developer's engineer must document that regular on -site inspections were conducted
during the course of construction, and the field plans utilized were the same as those
approved by Kittitas County. The engineer shall also state quality control testing
demonstrates compliance with the plans and specifications approved by Kittitas County.
A final inspection by the Department of Public Works is required and all deficiencies
must be corrected prior to release of collateral.
The developer must also submit the following items prior to release of collateral or final
approval:
1. "As -built" plans for the improvements must be submitted with the road
certification or at the time the letter requesting collateral release is
submitted. The "as -built" plans must be clearly labeled as such, and must
be signed and dated by a licensed civil engineer. They may be design plan
markups and must show any deviations from the approved plans. Release
of collateral will not occur if the County Engineer determines deviations are
present which have not received prior approval.
2. A letter or letters of acceptance and responsibility for maintenance of the
improvements by the appropriate utility company, special district, city, or
town for all utilities and roads.
3. A letter from the appropriate tire authority stating that fire hydrants are in
place in accord with the approved plans. The letter shall also state that the
fire hydrants are operational and provide the results of fire flow tests.
4. Quality control test results must be submitted for all phases of the project
in accordance with the schedule for minimum materials sampling, testing,
and inspection as found in the WSDOT Materials Manual. The Department
of Public Works shall review and approve a proposed schedule of testing
before commencement of construction.
F Phased Construction
1. Engineer drawn plans must be submitted and approved by the County for
the entire development.
2. The construction may be phased. Final approval of a phase will be granted
once the road is constructed and inspected or the construction is bonded.
3. Phased construction must result in a safe and usable facility at the end of
the current phase. Temporary road construction or safety features may be
required until the next phase is completed.
(Ord. 2015-010, 2015)
12.08.090 Scale.
Scales listed are the minimum. More detailed scales may be required where necessary to clearly show
details.
A. Plan and profile plans: Horizontal 1"=50', Vertical 1 "=5'.
B. Master, preliminary, and final drainage plans; site plans, etc.: from 1"=50' to 1 "=100'
(Ord. 2015_,010, 2015)
12.08.100 Date of Plans.
The original date of the plans and any subsequent revisions must be shown in the title block. lord.
2015-010. 2015)
12.08.110 Seal and Signature.
The seal and signature of the developer's engineer, under whose supervision the plans were
prepared, shall be located next to the acceptance block on each sheet. (Ord. 2015-010, 2015)
12.08.120 Underground Utilities.
The type, size, location and number of all underground utilities shall be shown. Field verified
elevations and locations may be required on the construction plans for all underground utilities that
will potentially affect the design or construction. It will be the responsibility of the contractor to verify
the existence and location of all underground utilities along their route of work prior to commencing
any new construction. (Ord. 20 55-010. 2015)
12.08.130 Private Improvements.
A. Private improvements such as roadways, driveways, utilities, etc. shall be clearly shown
and labeled as such 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).
B. 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.
C. The County will review these requests under normal review procedures as outlined
previously in these Standards in KCC 12.01.1t.
(Ord. 2015-010, 2015)
12.08.140 Requirements for Road Plan and Profile Drawings.
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.
A. Plan View - The plan view shall include, but not be limited to, the following:
1. Existing and proposed property and right-of-way lines, easements, tracts
and irrigation ditch(s). Type and dimension of the easements or tracts are
to be clearly labeled. Property lines and right-of-way lines are to be
dimensioned.
2. Survey lines and stations shall normally be based on centerline of street;
other profiles may be included but shall be referenced to centerline
stationing. Stationing is to be equated to flowline stationing at cul-de-sacs.
3. Roadways and roadway names.
4. Existing utilities, structures and their appurtenances, including, but not
limited to:
Stormwater, fence lines and gates, water lines, irrigation, ditches, electric
lines, curbs and gutters, sewer lines, pavement limits, communication lines,
bridges or culverts, guardrails, signs, gas lines, etc.
5. Station and critical elevation (flowline, invert of pipe, etc.) of all existing and
proposed utility or drainage structures. Location of utilities shall be
dimensioned horizontally and vertically from roadway centerline profile
grade.
6. Storm drainage flow direction arrows, particularly at intersections and all
high and low points.
7. Match lines and consecutive sheet numbers, beginning with cover sheet.
8. Station and elevation of all horizontal curves including PI, PC's, PT's, etc.;
high or low point and PI of all vertical curves; existing and proposed,
centerline bearings, distances, and complete curve data.
9. Curb return radii, existing and proposed; stations and elevations of all curb
returns; mid point elevations, flowline-flowline intersection elevations, and
percent of grade from the PRC to flowline-flowline intersections of all
crosspans.
10. Mid -block handicap ramp locations at tee intersections.
11. Centerline stations of all non -single family residential driveways and all
intersecting roadways.
12. Survey tie lines to section corners or quarter corners, consistent with that
shown on the plat.
13. Typical roadway cross section for all roadways, existing or proposed, within
and adjacent to the proposed development. These cross sections shall
appear on the detail sheet, or if no detail sheet has been used, on the first
sheet of the submittal showing roadway design. They shall indicate type of
roadway(s), profile grade design point (centerline, flow -line, top of curb, lip
of gutter, etc.), roadway width, right-of-way, type of curb, gutter and
sidewalk as required, pavement cross slope, pavement thickness, and
structural material components of the pavement, base and subbase,
together with specifications for treatment of subgrade and installation of
pavement structural members.
14. Construction plans for any roadway improvements including intersections
requiring signalized traffic control. The construction plans shall include
construction and lane details for the new construction and existing facilities
a minimum of 150 ft beyond the limits of construction.
15. Basis of plan view and profile elevations shall be the same, i.e. flowline and
flowline, top of curb and top of curb, etc.
B. Profile
The profile shall include, but not be limited to, the following:
1. Original ground (dashed) and design grade (heavy, solid). Both grades are
to be plainly labeled.
2. For six inch vertical curb and gutter, all design elevations shall be centerline,
lip of gutter, or flowline (preferred). For combination of curb, gutter and
sidewalk, all design elevations shall be back of sidewalk, lip of gutter, or
flowline (preferred). The basis of record drawing information shall be the
same as the design (both flowline or both top of curb, etc.).
3. Stationing continuous for the entire portion of the roadway shown in the
plan view, with the centerline station of all non -single family driveways and
all intersecting roadways clearly labeled.
4. All existing curbs, gutters, sidewalks and pavement adjacent to the
proposed design. Basis for existing grades shall be as -built elevations at
intervals not to exceed 25 feet. Previously approved designs are not an
acceptable means of establishing existing grades.
5. Elevation and location of all existing and new utilities in the immediate
vicinity of the construction shall be shown on the plans.
6. Station and elevation of all vertical grade breaks, existing (as -built) and
proposed.
7. Distance and grade between VPI's.
8. Vertical curves, when necessary, with VPI, VPC, and VPT, high or low point
(if applicable) stations and elevations. All vertical curves shall be labeled
with length of curve (L) and K=L/A where A is the algebraic difference in
slopes, in percent.
9. Profiles for all curb returns (except medians).
C. Notes
In addition to other notes required in these Standards, the following notes shall appear
on the cover sheet of all submittals containing roadway plans. If a cover sheet has not
been used, they shall be put on the sheet of the plans containing roadway design
criteria.
1. Inspection: Construction shall not begin until permits have been issued. If a
Department of Public Works site inspector is not available after proper
notice of construction activity has been provided, the permittee may
commence work in the inspector's absence. However, Kittitas County
reserves the right to not accept the improvement if subsequent testing
reveals an improper installation.
2. Paving shall not start until the mix design is accepted by the County
Engineer.
B. All stationing is based on centerline of roadways unless otherwise noted.
4. All elevations are on USGS DATUM with date. Point monument shall be
shown on construction location plans.
5. Except where otherwise provided for in these plans and specifications, the
most current editions of the WSDOT Standard Specifications and WSDOT
Standard Plans shall apply.
(Ord. 2015-010. 2015)
12.08.150 Signing and Striping Plans.
A. All traffic control devices shall be fabricated and installed in accordance with MUTCD,
current edition at the time of construction.
B. All signage and striping costs shall be the responsibility of the developer
C. Plans for traffic control during construction must be accepted prior to issuing
construction permits.
D. Signing and striping plans require acceptance prior to issuing construction permits.
E. Permanent signage and striping shall be complete and in place before any new roadway
is opened to the public. Traffic signal installation and equipment shall conform to
WSDOT Standards and Specifications. MUTCD requirements shall be met for signal
installation. All subdivisions, road improvement projects, and commercial development
must incorporate a separate signage and striping plan in accordance with the following
criteria:
Submittal - Separate signage and striping plans are to consist of an overall
area map noting all specific use areas, such as schools, parks, recreation
centers, library, commercial, industrial, etc. The pages following the area
map are to be broken down into road segments, for notation of signage
and striping details.
Review Process - There are two steps the plans must undergo for review.
a. The first step of review is a redline markup. Requirements will
be marked where necessary and the plans returned to the
developer's engineer.
b. Second, the revised plans and the marked preliminary plans
must be resubmitted for final review with a signature box
included for the County Engineer. If the final submittal is
acceptable, the County Engineer will notify the developer's
engineer to send the mylar cover sheet of the plans for sign
off.
c. Final plans shall, in all cases, be included along with the road
construction plans, utility construction plans, grading and
drainage plan, and the plat.
Sign warrants - "i raffic control devices which are not warranted by MUTCD
shall not be installed. When MUTCD guidelines are not applicable for a
given case, a traffic engineering study by the developer's engineer will be
required. This study will address the existing conditions, safety issues, and
the applicable warrants.
(Ord. 2015-010, 2015)
12.08.160 Range Points, Property Monuments, and Benchmarks.
A. All monuments delineating right-of-way boundaries of property or witness thereof shall
be set in accordance with this section and all applicable State of Washington laws and
regulations.
Any "aliquot corner" (section corner, quarter corner, etc.), as described in the Public
Land Survey System, shall be monumented per Washington State Statutes. If such a
corner falls within concrete or asphalt, a monument case and cover shall be installed to
protect and provide access to said corner.
C. If so desired, the Developer may install monument cases and covers in asphalt or
concrete for property monuments, range points, benchmarks, etc., if the boxes comply
with Kittitas County standards.
Chapter 12.9
PUBLIC ROAD CONSTRUCTION CONTROL AND INSPECTION*
Sections
12.09.010 Basis for Control of the Work.
12.09.020 Subdivision, Commercial and Right -of -Way Development Inspection.
12.09.030 Penalties for Failure to Notify for Development Inspection.
12.09.040 Embankment Construction Control in Developments.
12.09.050 Traffic Control in Development Construction.
12.09.060 County Forces and County Contract Road Inspection.
12.09.070 Call Before You Dig.
* Formerly 12.90; renumbered by Ord. 2004.13, 2004
12.09.010 Basis for Control of the Work.
A. Work performed in the construction or improvement of County roads, future county
roads, whether by or for a private developer, by County forces, by County contractor or
by private contractor, shall be done in accordance with Kittitas County Road Standards
and approved plans (. ). IT IS EMPHASIZED THAT NO WORK MAY BE
STARTED UNTIL SUCH PLANS ARE APPROVED. Any revision to such plans shall be
approved by the County Engineer before being implemented.
B. The County Engineer will have authority to enforce the Standards as well as other
referenced or pertinent specifications. He will appoint project engineers, assistants and
inspectors as necessary to inspect work and they will exercise authority as the County
Engineer may delegate.
C. Provisions of Section 1-05 (Control of Work) of the WSDOT Standard Specifications,
most recent edition, shall apply, with the term "Engineer" therein construed to be the
County Engineer as defined in KCC 12.02.020.
(Ord. 2015-010, 2015)
12.09.020 Subdivision, Commercial and Right -of -Way Development Inspection.
On all road and drainage facility construction open to the public or maintained by the public,
proposed or in progress for adoption onto the county road system, which relates to subdivision,
commercial and right-of-way development, control and inspection will be done by the Department
of Public Works. Unless otherwise instructed by the County Engineer, construction events which
require monitoring or inspection are identified as follows, with prior notification to the Department
of Public Works office (Telephone 509-962-7523).
A. Preconstruction Conference: Three working days prior notice. Conference must precede
the beginning of construction and include contractor, designing engineer, utilities and
other parties affected. Plan approvals and permits must be in hand prior to the
conference.
B. Clearing and Temporary Erosion/Sedimentation Control: One working day notice prior
to initial site work involving drainage and installation of temporary water retention,
detention and siltation control. Such work to be in accordance with the approved plans.
C. Utility and Storm Drainage Installation: One working day notice prior to trenching and
placing of storm drainage systems.
D. Utility and Storm -Drainage Backfill and Compaction: One working day notice before
backfill and compaction of storm drainage systems.
E. Subgrade Completion: One working day notice at stage that underground utilities and
roadway grading are complete, to include placement of gravel base if required.
Inspection to include compaction tests and certifications described in KCC 12.08.
F. Curb and Sidewalk Forming: One working day notice to verify proper forming and
preparation prior to pouring concrete.
G. Curb and Sidewalk Placement: One working day notice to check placement of concrete.
H. Crushed Surfacing Placement: One working day notice to check placement and
compaction of crushed surfacing base course and top course.
I. Paving: Three working days notice in advance of paving with asphalt or Portland cement
concrete.
J. Structuraf: Three working days notice prior to each of critical stages such as placing
foundation piling or footings, placement and assembly of major components, and
completion of structure and approaches. Tests and certification requirements will be as
directed by the County Engineer.
K. Final Inspection: Five working days prior to overall check of roadway or drainage project
site, to include completion of paving and associated appurtenances and improvements,
cleaning of drainage system and all necessary clean-up. Prior to approval of
construction work, acceptance for maintenance and release of construction performance
bonds, the developer/contractor shall pay any required fees, submit any required
maintenance and defect financial guarantees, provide certification of monumentation
and submit one mylar set of corrected plans (as -built) reflecting all minor and design
plan changes of the roadway and drainage systems. The Department of Public Works
shall specify the number of mylar sets as warranted by the type of improvement. Mylars
shall not have any shading or adhesive addition in any areas. If original plans were
completed on a CADD system, the developer/contractor shall submit, in addition to
mylars, a copy of the CADD drawing files in .DWG format.
L. Final Maintenance Inspection: 30 days prior to the end of the maintenance period. Prior
to release of the maintenance guarantee, there shall be successful completion of the
maintenance period as described in KCC 12.01.150, repair of any failed facilities and the
payment of any outstanding fees.
M. Quality Control: Contractor shall retain the services of an independent testing agency to
perform quality control/quality assurance (QC/QA). Inspection reports and testing
results shall be submitted to the Department of Public Works before close of the next
working day.
(Ord. 2015-010. 2015)
12.09.030 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 meets the standard. Failure to notify in time may oblige the County to arrange
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 until all directed tests have been completed and
corrections made to the satisfaction of the County Engineer. If necessary the County may take further
legal actions. (Ord. 2015-010, 2015)
12.09.040 Embankment Construction Control in Developments.
The provisions of Section 2-03 (Roadway Excavation and Embankment) of the WSDOT Standard
Specifications apply in all respects to development construction unless otherwise instructed by the
County Engineer. The following elements are cited for clarification and emphasis:
A. Embankment and Cut -Section Compaction: Compaction of all fill subgrade and the top
six inches of cut native subgrade shall meet a minimum 95% of maximum density in
accordance with WSDOT Standard Specifications Section 2-03.3(14) C (Compacting
Earth Embankment) - Method B.
B. Testing for Density:
1. Prior to placing any surfacing material on the roadway, it will be the
responsibility of the developer or contractor to provide density test reports
certified by a civil engineer licensed in the State of Washington. Optimum
moisture content and maximum density shall be determined by methods
cited in Section 2-03.3(14)D (Compaction and Moisture Control Tests) of
WSDOT Standard Specifications or by other tests approved by the County
Engineer. In fill sections a minimum of one test shall be taken every 1,000
cubic yards or fraction thereof and on each lift of embankment. In cut
sections the interval shall be every 100 feet of roadway. For work to be
accepted, tests must show consistent uniform density as required by the
tests referenced above.
2. In cases where tests do not meet the minimum standard, corrective action
shall be taken such as adding water, aerating, replacing material or
applying more compactive effort as directed by the developer's engineer.
Retests shall show passing densities prior to placing the next lift of
subgrade fill.
C. Finishing Subgrade:
After subgrade preparation has been completed, it shall be thoroughly checked by the
developer or contractor using a level, string line, crown board or other means to
determine that the subgrade conforms to the typical section or special plan conditions
prior to placing any surfacing material.
(Ord. 2015-010, 2015)
12.09.050 Traffic Control in Development Construction.
A. Interim Traffic Control:
The developer's contractor shall be responsible for interim traffic control during
construction on or along traveled County roadways. When roadway or drainage work is
to be performed on County roadways that are open to traffic, the contractor will be
required to submit a traffic control plan for approval by the County Engineer prior to
beginning the work. Traffic control shall follow the guidelines of Section 1-07.23 (Public
Convenience and Safety) of the WSDOT Standard Specifications. All barricades, signs
and flagging shall conform to the requirements of the MUTCD. Signs must be legible
and visible and should be removed at the end of each workday if not applicable after
construction hours.
B. Temporary Road Closures and Detours:
When temporary road closures cannot be avoided the contractor shall post "To Be
Closed" signs and place a legal notice in the newspaper a minimum of five working days
prior to the closing. The types and locations of the signs shall be shown on a detour
plan. A detour plan must be prepared and submitted to the Department of Public Works
at least 10 working days in advance of the proposed closure, and approved prior to
closing any County roadway. In addition, the contractor must notify, in writing, local fire,
school, law enforcement authorities, postal service and any other affected persons as
directed by the County Engineer at least five working days prior to the closing.
C. Haul Routes:
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.
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 business, the contractor shall be required to
develop and use an approved haul route.
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.
D. Haul Route Agreement:
When identified as a need by the SEPA review process or by the County Engineer, a haul
route agreement shall be obtained by the franchised utility, developer or property
owner establishing restoration procedures to be performed upon completion of the
haul operation.
(Ord. 2015-010, 2015)
12.09.060 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.
12.09.070 Cali 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.arg. (Ord. 2015-010, 2015)
Chapter 12.10
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections
12.10.010 Purpose.
12.10.020 Authority.
12.10.030 Level of Service Standards.
12.10.040 Concurrency Evaluation.
12.10.050 Concurrency Determination.
12.10.060 Determination of Concurrency Finding.
12.10.070 Administrative Reconsideration.
12.10.090 Definitions.
12.10.010 Purpose.
The purpose of this chapter is to ensure that adequate transportation facilities are available or
provided concurrent with development, in accordance with the Growth Management Act R( CW
36.70A.070) and consistent with WAC 365-195-510 and 365-195-835. No development permit shall
be issued except in accordance with this chapter. (Ord. 2011-011, 2011)
12.10.020 Authority.
The public works director, or his/her designee, shall be responsible for implementing and enforcing
this chapter. (Ord. 2011-011, 2011)
12.10.030 Level of Service Standards.
The transportation level of service standards for purposes of concurrency review are described and
contained in the Kittitas County Comprehensive Plan, Long Range Transportation Plan and any
adopted modifications. (Ord. 2011-011. 2011)
12.10.040 Concurrency Evaluation.
A. The County review of all applications for development permits shall include a
concurrency evaluation.
B. The County shall monitor what the impact of approving concurrency will be on the
capacity of transportation facilities.
C. A concurrency evaluation shall be required for all development applications in which the
proposed development is projected to have an impact upon any affected transportation
corridor or intersection. A transportation impact analysis (TIA) shall be required for all
development that will generate more than nine (9) peak hour vehicle trips unless the
requirement for a study has been waived by the Public Works director.
D. The TIA shall be prepared by and/or under the supervision of a registered engineer in
the State of Washington.
E. To establish the scope of the TIA, the developer shall follow the Public Works
Department TIA guidelines and shall provide a preliminary, limited scope analysis
documenting the estimated trip generation and distribution for the proposed
development application. The director or his designee will review and adjust, if
necessary, this information for use in establishing the analysis locations for the TIA for
the concurrency evaluation. The TIA shall, at a minimum, provide the following
information for the identified concurrency locations:
a. Number of peak hour trips generated by the development according to the
ITE trip generation manual or other method approved by the director;
b. Anticipated trip distribution;
c. The current calculated level of service of all impacted transportation
facilities;
d. The future calculated level of service of all impacted transportation facilities,
as identified by the county, incorporating traffic volumes from the
proposed development;
e. Any proposed mitigation; and
f. The future calculated level of service of all impacted transportation facilities
with the incorporation of proposed development traffic volumes and any
proposed mitigation.
g, Any adverse effects or safety hazards that are created or worsened by trips
generated by the development and the effect these trips may have on the
structural integrity of the transportation facilities.
The TIA shall be based on traffic counts obtained within twelve (12) months of the fully
complete date of the development application as determined under Section 15A.03.040.
The traffic counts shall reflect representative traffic conditions within transportation
corridors and at intersections.
G. The Public Works director reserves the right to require a developer to provide data
and/or analysis as part of a particular TIA, where the Public Works director determines
that additional information or analysis is required to implement the standards and
requirements contained in this section.
H. The concurrency evaluation and determination shall be completed prior to:
a. Issuance of administrative approval/denial of the project permit if SEPA
review is not a requirement of the project; or
b. Issuance of the DNS, MDNS or DS if SEPA review is a requirement of the
project; or
c. Issuance of the staff report to the hearings examiner if there is a hearing
before the hearings examiner and SEPA review is not a requirement of the
project.
I. Development permits for phased developments shall have the concurrency evaluation
completed for the entire project. A developer may elect to have the concurrency
evaluation undertaken for less than the entire project if and only if:
a. The director agrees to such limited evaluation; and
b. Each phase shall include all of the infrastructure to service that phase; and
c. There is a written note included in the preliminary approval for such phased
development that the traffic concurrency evaluation is limited only to the
specific phases for which approval has been provided.
J. Upon the written request of a developer, the Public Works director may waive the
requirement for a TIA where potential transportation impacts upon the affected
transportation corridor(s) and/or intersections have been adequately analyzed in prior
research or reports and/or are not projected to cause a reduction in the operating level
of affected transportation corridors and/or, intersections. Developers must provide
justification for their request to include, but not be limited to, the number of trips that
will be generated by the development, where these trips will access transportation
facilities, and the distribution of the trips when entering onto transportation facilities at
multiple access points.
K. The County may undertake an independent TIA to confirm or revise the results of the
developer's TIA.
L. The County may reserve capacity on its transportation facilities for future developments
considered high priority by the County. (Ord. 2011-011, 2011)
(Ord. 2015-010. 2015)
12.10.050 Concurrency Determination.
The county shall not approve a development permit unless there are adequate transportation
facilities to meet the level of service standards for existing and approved uses, based on the forecast
peak hour traffic volumes and the committed transportation system. 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.
A. If the concurrency evaluation shows that the ratio of the forecast peak hour traffic
volume to the capacity of each transportation facility is equal to or less than the
adopted level of service standard for each impacted transportation facility, the director
shall issue a determination of concurrency finding, according to the provisions of
12.10.060. This determination of concurrency finding shall include a certificate of
transportation capacity for developments that are expected to generate more than nine
(9) peak hour vehicle trips.
B. If the concurrency evaluation shows that the ratio of the forecast peak hour traffic
volume to the capacity of any transportation facility exceeds the adopted level of service
standard for any impacted transportation facility, the concurrency test is not passed and
the director shall notify the developer in writing of the denial finding. The developer
may:
1. Amend the application within 90 days in such a way to ensure that the ratio
of the forecast peak hour traffic volume to the capacity of each
transportation facility does not exceed the adopted level of service
standard for each impacted transportation facility. To meet the foregoing,
amendments may include one or more of the following:
a. Modify the project to reduce the impact on affected facilities;
b. Phase the project to coincide with planned improvements that
will ensure concurrency;
c. Mitigate the impacts of the project to ensure concurrency;
d. Arrange with the service provider to provide the additional
capacity of facilities required; and/or
e. Propose transportation strategies that will reduce the demand
for capacity;
2. Ask the director for formal reconsideration of the concurrency evaluation in
accordance with the provisions of KCC_ 12.10.070;
3. Withdraw the application and reapply for an evaluation when concurrency
can be ensured; or
4. Appeal the denial or imposition of conditions per KCC 15A.07 or KCC
15A.08, based on the underlying land use decision in accordance with Ch.
36.70E RCW. (Ord. 2011-011, 2011)
(Ord. 2015-010, 2015)
12.10.060 Determination of Concurrency Finding.
A. A determination of concurrency finding shall be issued by the County for the
development permit for which a concurrency evaluation was conducted. If applicable,
payment of a fee shall be a condition prior to issuing the determination of concurrency
finding.
B. The determination of concurrency finding will include a certificate of transportation
capacity for proposed developments that are expected to generate more than nine (9)
peak hour vehicle trips. This certificate shall apply only to the specific land uses,
densities, intensities and development projects described in the approved development
permit. in the event that, subsequent to issuance of the certificate, the approved
development is modified to generate lower traffic impacts on the transportation system,
the certificate shall be modified to reflect the reduced traffic impact. In no event shall
the certificate of transportation capacity be for a greater amount of capacity than is
needed for the development proposed in the underlying permit application, except as
provided for phased development.
C. Phasing. The determination of concurrency finding shall be issued for all phases of a
development permit, except when the conditions set forth in KCC 12.10.040(1) have
been fulfilled. In this case the certificate shall be conditioned to note that certificates are
required for future phases. The certificate shall specifically identify the amount, extent
and timing of any required traffic mitigation.
D. Transferability. A certificate of transportation capacity is not transferable to other land.
The certificate of transportation capacity, once issued, shall become part of the
development permit and shall be transferred to new owners of the original land, if and
only if the development permit is so transferred to the new owners.
E. Capacity Allocations. The developer may, as part of a development permit application,
designate in writing the amount of capacity to be allocated to portions of the property,
such as lots, blocks, parcels, or tracts included in the application. Any such allocation
shall be reflected in the certificate of transportation capacity. Capacity may be
reassigned or allocated within the boundaries of the original property by application to
the director. The director shall amend the certificate accordingly.
F. Life Span of Certificate. A certificate of transportation capacity shall expire when the
accompanying development permit expires or is revoked. The certificate may be
extended according to the same terms and conditions as the accompanying
development permit. If the development permit is granted an extension, so shall the
certificate of transportation capacity. If the accompanying development permit does not
expire, the certificate of transportation capacity shall be valid for four years from the
date of issuance. The director may approve an extension of up to one year.
G. Unused Capacity. Any capacity that is not used because the developer voluntarily
surrenders the certificate, decides not to develop, or the accompanying development
permit expires, shall be returned to the available pool of capacity. Ord. 2011-011 2011)
(Ord. 2015-010. 2015)
12.10.070 Administrative Reconsideration.
A. The developer may request reconsideration of the results of the concurrency evaluation
within 15 days of the written notification of the evaluation results by filing a formal
request for reconsideration specifying the grounds thereof, using forms authorized by
the department.
B. The director shall reconsider the evaluation results and issue a determination within 30
days of the filing of such request either upholding the original determination or
amending it.
C. The results of an administrative reconsideration may be appealed as provided by
12.10.050(B)(4). (Ord. 2011-011, 2011)
(Ord. 2015-010.2015)
12.10.080 Repealed.
(Ord. 2015-010. 2015)
12.10.090 Definitions.
A. "Adequate transportation facilities" means transportation facilities which have the
capacity to serve development while meeting the county's established level of service
standards.
B. "Calculated level of service" means the ratio of the forecast peak hour traffic volume to
the capacity of a transportation facility.
C. "Capacity" means the estimated directional rate of traffic flow that can be
accommodated by a given transportation facility within the peak hour and is expressed
in terms of vehicles per hour. The capacity used in the concurrency evaluation is defined
by the county and based on the committed transportation system.
D. "Capacity allocation" is a measure of the traffic generated by a development that is
assigned to use a transportation facility.
E. "Capacity pool" is a measure of the remaining capacity available on a transportation
facility that can be allocated to future developments.
F. "Certificate of transportation concurrency" is the final document issued by Kittitas
County, confirming availability and reserving capacity on the county's transportation
facilities specific to the proposed development or development permit.
G. "Committed transportation system" means the system of transportation facilities used to
calculate the level of service relative to a development proposal. It includes existing
transportation facilities and proposed facilities which are fully funded for construction in
the most currently adopted six -year transportation improvement program or for which
voluntary financial commitments have been secured in an amount sufficient to complete
the particular facility improvement. The county may make adjustments to the committed
transportation system for corrections, updates, and modifications concerning costs,
revenue sources, acceptance of facilities pursuant to dedications consistent with the
adopted Comprehensive Plan, or the date of construction (scheduled for completion
within the six -year period) of any facility enumerated in the six -year transportation
improvement program. The committed transportation system includes:
a. County roads;
b. State highways and freeways within the county;
c. Bus routes;
d. Park and ride lot locations;
e. Trails, pathways, or other nonmotorized transportation facilities;
f. High occupancy vehicle exclusive lanes; and
g, Projects to be provided by the state, cities or other jurisdictions may
become part of the committed transportation system upon decision of the
county.
H. "Change in use" means a modification to an existing building or site to accommodate a
more intensive use. A change in use is subject to concurrency determination for the new
increase in traffic only.
I. "Concurrency" means that adequate transportation facilities are 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.
J. "Concurrency evaluation" means the process to determine if a proposed development's
impact on transportation facilities meets the county's level of service standards set for
those affected roadways, as defined in this chapter.
K. "Determination of concurrency" means a determination by the director based on a
concurrency evaluation that shows that the development's impacts on the
transportation system will not result in the level of service of a transportation facility
falling below the adopted level of service standard for the facility.
"Department" means the Kittitas County Department of Public Works.
M. "Developer" means the person or persons legally responsible for the land use
development activity.
N. "Development permit" means any order, permit or other official action of the county
granting, or granting with conditions, an activity that requires federal, state, or local
approval for the use or modification of land or its resource. These activities include, but
are not limited to, subdivision and short subdivisions; binding site plans; planned unit
developments; variances; shoreline substantial development, and conditional use
permits. Building or construction permits are not considered for a concurrency
determination unless they create a more intensive change in use because the lot sites
for building or construction permits have already been evaluated for concurrency during
the lot creation process.
O. "Development units" means the proposed quantity of development measured by
dwelling units for residential development and square feet for specific nonresidential
use categories, which are the basis of the calculations of level of service for the
determination of concurrency.
P. "Director" means the public works director, or his/her designee.
Q. "Financial commitment" consists of the following:
a. Revenue designated in the most currently adopted six -year transportation
improvement program for transportation facilities or strategies comprising
the committed transportation system. Projects to be used in defining the
committed transportation system shall represent those projects that are
identified as funded for construction in the six years of the six -year
transportation improvement program;
b. Revenue from federal or state grants for which the county has received
notice of approval; and
c. Revenue that is assured by a developer in a form approved by the county in
a voluntary agreement.
R. "Forecast peak hour traffic volume" means a forecast peak hour traffic volume that
includes existing traffic, ambient traffic growth, traffic from other future development
projects that were applied for prior to the subject development application based on
Kittitas County records, and the traffic anticipated from the subject development.
S. "Growth Management Act" means the Washington State Growth Management Act
(Chapter 36.70A RCW G) and any adopted amendments.
T. "ITE trip generation manual" means the manual prepared by the Institute of
Transportation Engineers, latest edition, for the purpose of assigning numbers of vehicle
trips associated with various land uses.
U. "Level of service standard" means the transportation level of service standard as
adopted in the Kittitas County Comprehensive Plan based on the ratio of forecast peak
hour traffic volumes to capacity.
V. "Mitigation" means transportation demand management strategies and/or facility
improvements constructed or financed by a developer which fully offset the subject
development's impacts to a facility so that: a.) The level of service for a transportation
facility with a preexisting level of service deficiency is not further degraded; or b.) The
level of service for a transportation facility without a preexisting level of service
deficiency is not reduced below the approved level of service.
W. "Peak hour project trips" means the traffic estimated by a traffic engineer to be
generated by a proposed development during the one -hour period during which the
greatest volume of traffic uses the road system.
X. "Peak hour traffic" means traffic volumes during the one -hour period during which the
greatest volume of traffic uses the road system, as identified separately for each
segment of a transportation facility.
Y. "SEPA" means the State Environmental Policy Act (Chapter 43.21 RCW &) as
implemented by Kittitas County.
Z. "Service provider" means the jurisdiction, department or agency responsible for
providing the facility.
AA. "Six -year transportation improvement program" means the expenditures programmed
by the county for capital purposes over the next six -year period in the six -year
transportation improvement program pursuant to RCW 36.81.1210.
BB. "Traffic engineer" means an engineer licensed in the state of Washington qualified to
perform traffic impact analyses.
CC. "Transportation facilities" means all principal arterials, minor arterials, collector arterials,
major collectors, minor collectors and local accesses in Kittitas County as defined in
12.03
DD."Transportation strategies" means transportation demand management strategies and
other techniques or programs that reduce single -occupant vehicle commute travel or
improve the capacity of a transportation facility and that are approved by the director.
Strategies may include but are not limited to vanpooling, carpooling, public transit,
access management, signalization and channelization. (Ord. 2011-011, 2011)
(Ord. 2015-010. 2015)
Chapter 12.11
ROADSIDE FEATURES*
Sections
12.11.010 Roadside Features.
12.11.020 Survey Monuments.
* Formerly 12.51; renumbered by Ord. 2004.13, 2004
12.11.010 Roadside Features.
Roadside Features - All roadside features shall be designed in accordance with applicable WSDOT
Design Manuals or AASHTO Design Guidelines.
12.11.020 Survey Monuments.
A. All existing survey control monuments, which are disturbed, lost or destroyed during
surveying or construction; shall be replaced by a land surveyor registered in the State Of
Washington at the expense of the responsible developer.
B. Survey control monuments shall be placed or replaced by a licensed land surveyor as
shown on the approved construction plans in accordance with recognized good practice
in land surveying, and in accordance with the approved details for survey monuments.
C. Survey monuments are required at all road intersections, points of horizontal curvature
(PC's), points of horizontal tangency (PT's), centers of cul-de-sacs and other appropriate
locations as determined necessary by the County. Monuments at PC's and PT's may be
eliminated and replaced with a monument at the Point of Intersection (PI), if the PI falls
within the paved roadway surface.
D. A signed and sealed statement from the developer's land surveyor that all monuments
and corners indicated on the plat or construction plans have been set and are in good
condition will be required before final acceptance of the road by the County.
E. Record of the monumentation shall be made in accordance with the Survey Recording
Act.
Chapter 12.12
PRIVATE ROADS
Publisher's note - Chapter 12.12 Private Roads has been moved to Chapter KCC 12.04.070 Private
Road Standards, Ord. 2015-010. 2015)
Chapter 12.13
DESIGN AND CONSTRUCTION STANDARDS FOR UTILITY
Sections
12.13.010 Design and construction standards. (Publisher's note - 12.13.010 was not enumerated in
the ordinance.)
12.13.010 Design and construction standards.
Design and construction standards for utility shall be in accordance with The Manual for
Accommodating Utilities.
Chapter 12.14
ELECTRIC VEHICLE CHARGING STATIONS
Sections
12.14.010 On -street Electric Vehicle Charging Stations - Generally.
12.14.020 Signage.
12.14.010 On -street Electric Vehicle Charging Stations - Generally.
1. Purpose. Curbside electric vehicle charging stations adjacent to on -street parking spaces
are reserved for charging electric vehicles.
2. Size. A standard size parking space may be used as an electric vehicle charging station.
3. Location and Design Criteria.
a. Where provided, parking for electric vehicle charging purposes is required
to include the following:
i. Signage. Each charging station space shall be posted with
signage in accordance with RCW 46.08.185.
ii. Maintenance. Charging station equipment shall be maintained
in all respects, including the functioning of the charging
equipment. A phone number or other contact information shall
be provided on the charging station equipment for reporting
when the equipment is not functioning or other problems are
encountered.
iii. Accessibility. Charging station equipment located within a
sidewalk shall not interfere with accessibility requirements
of WAC 51-50-005.
iv. Clearance. Charging station equipment mounted on pedestals,
light posts, bollards or other devices shall be a minimum of 24
inches clear from the face of curb.
V. Lighting. Where charging station equipment is installed,
adequate site lighting shall exist, unless charging is for daytime
purposes only.
vi. Charging Station Equipment. Charging station outlets and
connector devices shall be no less than 36 inches or no higher
than 48 inches from the top of surface where mounted, and
shall contain a retraction device and/or a place to hang
permanent cords and connectors sufficiently above the ground
or paved surface.
vii. Charging Station Equipment Protection. When the electric
vehicle charging station space is perpendicular or at an angle
to curb face and charging equipment, adequate equipment
protection, such as wheel stops or concrete -filled steel bollards
shall be used. Appropriate signage indicating if backing in is
allowed or not shall be posted.
b. Parking for electric vehicles should also consider the following:
i. Notification. Information on the charging station identifying
voltage and amperage levels and any time of use, fees, or
safety information.
ii. Signage. Installation of directional signs at appropriate
decision points to effectively guide motorists to the charging
station space(s).
M. Location. Placement of a single electric vehicle charging station
is preferred at the beginning or end stall on a block face.
4. Data Collection. To allow for maintenance and notification, the local permitting agency
will require the owners of any private new electric vehicle infrastructure station that will
be publicly available (see definition "electric vehicle charging station - public") to
provide information on the station's geographic location, date of installation, equipment
type and model, and owner contact information. (Ord. 2016-023, 2016; Ord. 2011-013.
2011)
12.14.020 Signage.
Signage shall be provided in accordance with RCW 46.08.185. (Ord. 2016-023, 2016; Ord. 2011-013,
2011)
Chapter 12.15
WATER ON THE ROAD
Sections
12.15.010 Conduct of Water Upon or Across County Roads.
12.15.020 Violation — Penalties.
12.15.030 Damages.
12.15.040 Provisions Supplemental.
12.15.050 Severability.
12.15.010 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.
12.15.020 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.
12.15.030 Damages.
In addition to any penalties under 12.15.02, 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.
12.15.040 Provisions Supplemental.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other
remedy of law.
12.15.050 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.
Chapter 12.20
ROAD -SANDING POLICY*
Sections
12.20.010 Emergency and non -emergency.
* Formerly 12.05; renumbered by Ord. 2004.13, 2004
12.20.010 Emergency and non -emergency.
The board of county commissioners, in the best interest of the public, sets the following policy:
Sanding will be done at intersections, hills and railroad crossings. Sanding on other areas will be
done only in emergencies deemed necessary by a county commissioner of his respective district and
the county engineer. (Ord. 94-27 (part), 1994; Res. RD-8-75 (part), 1975. Formerly 12.32.010).
Chapter 12.21
WORK ON RIGHTS -OF -WAY*
Sections
12.21.010 Bond requirement waived for municipal corporations.
* Formerly 12.06; renumbered by Ord. 2004.13, 2004
12.21.010 Bond requirement waived for municipal corporations.
The board of county commissioners waives the bond requirement for all municipal corporations
when permits are granted to them for work on the county road right-of-way. (Ord. 94-27 (part),
1994; Vol. 1, p. 575, 1975. Formerly 12.36.010).
Chapter 12.22
VACATION OF COUNTY ROADS*
Sections
12.22.010 Vacation.
12.22.020 Resolution.
12.22.030 Freeholder's petition.
12.22.040 Director's report.
12.22.050 Notice of hearing.
12.22.060 Hearing.
12.22.070 Expense of proceeding.
12.22.080 Compensation to county as condition to vacation.
12.22.090 Vacation of roads abutting bodies of water prohibited, exception.
12.22.100 Retention of easement for public utilities and services.
12.22.110 Sale to adjacent land owners.
* Formerly 12.08; renumbered by Ord. 2004.13, 2004
12.22.010 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. 94-32
(part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.010).
12.22.020 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. 94-32
(part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.020).
12.22.030 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.
1. The petition must show the land owned by each petitioner and set forth that such
county road is useless as part of the county road system and that the public will be
benefited by its vacation and abandonment.
2. The petition shall be accompanied by an application fee in the amount specified in
Kittitas County Code Chapter 4.16. When necessary to cover the cost and expenses
incurred in the examination, report, appraisal and all proceedings pertaining to such
petition to vacate and/or abandon, the petitioners will be required to pay such
additional costs.
3. On the filing of the petition and application fee and on being satisfied that the petition
has been signed by petitioners residing in the vicinity of the county road or portion
thereof, the board shall direct the director to report upon such vacation and
abandonment. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.030).
12.22.040 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:
1. Whether the county road should be vacated and abandoned;
2. Whether the same is in use or has been in use;
3. The condition of the road;
4. Whether it will be advisable to preserve it for the county road system in the future;
5. Whether the public will be benefited by its vacation and abandonment;
6. A determination by appraisal of the fair market value of the area sought to be vacated;
7. The classification of the road area according to the type and amount of expenditures
made and the nature of the county's interest therein according to the following
classification;
a. Class A - public expenditures made
b. Class B - no public expenditures made.
8. Whether the proposed area to be vacated contains utilities.
9. All other matters which will be of interest to the board including an itemized list of costs
and expenses incurred in the examination, report, appraisal and all proceedings
pertaining to such petition to vacate and abandon. (Ord. 94-32 (part), 1994; Ord. 93-17
(part), 1993. Formerly 12.60.040),
12.22.050 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.
94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.050).
12.22.060 Hearing.
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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.060).
12.22.070 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.070).
12.22.080 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly
12.60.080).
12.22.090 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. 94-32 (part), 1994; Ord. 93-
17 (part), 1993. Formerly 12.60.090).
12.22.100 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly
12.60.100).
12.22.110 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. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.110).
Chapter 12.23
UTILITY ACCOMMODATION POLICY*
Sections
12.23.010 Adoption.
* Formerly 12.12; renumbered by Ord. 2004.13, 2004
12.23.010 Adoption.
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. (Res. RD-75-
71, 1971; Res. RD-55-70, 1970).
Chapter 12.24
UNIFORM STANDARDS FOR INSTALLATION OF BURIED CABLES*
Sections
12.24.010 Standards adopted.
12.24.020 Conditions established.
12.24.030 Right-of-way line proximity.
12.24.040 Minimum cover.
12.24.050 Pipe carrier use.
12.24.060 Location markers.
12.24.070 Road crossing repair.
12.24.080 Repealed.
12.24.090 Traffic control devices.
12.24.100 County saved harmless.
12.24.110 Excavation within county road limits.
12.24.120 Item 10 of Buried Cable Specifications amended Placement location.
12.24.130 Drainage provisions.
12.24.140 Rubbish removal.
12.24.150 Supervision - Maintenance standards.
12.24.160 Location change - Removal.
12.24.170 Noncompliance.
12.24.180 Maintenance responsibility.
12,24.190 Drawings required.
12.24.200 On -site job inspection.
* Formerly 12.16; renumbered by Ord. 2004.13, 2004
12.24.010 Standards adopted.
The Uniform Standards for the Installation of Buried Cables Along Kittitas County Road Rights -of -
way is adopted and effective. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.020 Conditions established.
Conditions pertinent to placing buried cables along public rights -of -way on county roads shall be as
follows in Sections 12.16.030 through 12.16.200. (Res. RD § 15-65 (part), Vol. N, p. 139, 1965).
12.24.030 Right-of-way line proximity.
The cable is to be as close to the right-of-way line as practicable, or as directed by the county road
engineer. (Res. RD § 15-65 § 1, Vol. N, p. 139, 1965).
12.24.040 Minimum cover.
The cable is to have a minimum cover of thirty inches along the road and twenty-four inches
minimum under all road ditches. (Res. RD § 15-65 § 2, Vol. N, p. 139, 1965).
12.24.050 Pipe carrier use.
Where road crossings are made over roads paved with asphaltic concrete, a pipe carrier shall be
jacked under the road to eliminate patching of pavement. (Res. RD § 15-65 § 3, Vol. N, p. 139, 1965).
12.24.060 Location markers.
At all road crossings, cable location shall be marked with suitable posts to make aware all county
maintenance forces of buried cable at the location. The cable location shall be marked when the
cable is placed parallel with the county road with suitable posts. (Res. RD § 15-65 § 4, Vol. N, p. 139,
1965).
12.24.070 Road crossing repair.
Where asphalt or light bituminous must be cut for road crossings, the permittee shall arrange for
proper repair of road crossings and to the satisfaction of the engineer. (Res. RD § 15-65 § 5, Vol. N, p.
139, 1965).
12.24.080 Deposit Fee.
Repealed by Ord. 2017-001. (Ord. 2017-001, 2017; Res. RD § 15-65 § 6, Vol. N, p. 139, 1965)
12.24.090 Traffic control devices.
The permittee shall adequately protect the public and shall furnish and maintain flagman, signs, and
other traffic control devices as outlined in Part V of the Manual on Uniform Traffic Control Devices as
warranted. (Res. RD § 15-65 § 7, Vol. N, p. 139, 1965).
12.24.100 County saved harmless.
In accepting this permit, the petitioner, his successors and assigns, agrees to protect the county and
save it harmless for 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 the performance of
any such work, character of materials used or manner of installation, maintenance and operation or
by the improper occupancy of rights -of -way or public place or structure, and in case any suit or
action is brought against the county for damages arising out of or by reason of any of the above
causes, the petitioner, his successors or assigns, will upon notice to him or them of commencement
of such action defend the same at his or their own sole cost and expense and will satisfy any
judgment after the said suit or action shall have finally been determined if adverse to the county.
(Res. RD § 15-65 § 8, Vol. N, p. 139, 1965).
12.24.110 Excavation within county road limits.
Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the
county road in such a manner as to interfere with the travel over said road. (Res. RD § 15-65 § 9, Vol.
N, p. 139, 1965).
12.24.120 Item 10 of Buried Cable Specifications amended Placement location.
Item 10 of the Buried Cable Specifications is changed to read as follows: "Except as herein
authorized, no excavation shall be made within five feet of the edge of the pavement or traveled
roadway and no placement of buried cables is to be placed closer than one foot from the edge of
the pavement, provided proper equipment is used for such placement of buried cables." (Res. RD-
36-66, Vol. N, p. 305, 1966; Res. RD § 1565 § 10, Vol. N, p. 139, 1965).
12.24.130 Drainage provisions.
If the work done under this permit interferes in any way with the drainage of the county road, the
grantee shall wholly and at his own expense make such provision as the engineer may direct to take
care of said drainage. (Res. RD § 15-65 § 11, Vol. N, p. 139, 1965).
12.24.140 Rubbish removal.
On completion of said work herein contemplated all rubbish and debris shall be immediately
removed and the roadway and roadside shall be left neat and presentable and satisfactory to the
county road engineer. (Res. RD § 15-65 § 12, Vol. N, p. 140, 1965).
12.24.150 Supervision - Maintenance standards.
All of the work herein contemplated shall be done under the supervision and to the satisfaction of
the county road engineer and thereafter maintained in accordance with all rules and regulations
governing such construction and maintenance in the state. (Res. RD § 15-65 § 13, Vol. N, p. 140,
1965).
12.24.160 Location change - Removal.
The county hereby reserves the right to order the change of location or the removal of any structure
or structures authorized by this permit at any time, said change or removal to be made at the sole
expense of the party or parties to whom this permit is issued, or their successors and assigns. (Res.
RD § 15-65 § 14, Vol. N, p. 140, 1965).
12.24.170 Noncompliance.
The county road engineer may revoke, annul, change, amend, amplify, or terminate this permit or
any of the conditions enumerated in Sections 12.16.030 through 12.16.200 if grantee fails to comply
with any or all of its provisions, requirements or regulations as herein set forth or through willful or
unreasonable neglect, fails to heed or comply with notices given or if the utility herein granted is not
installed or operated and maintained in conformity herewith or at all or for any cause or reason
whatsoever. (Res. RD § 15-65 § 15, Vol. N, p. 140, 1965).
12.24.180 Maintenance responsibility.
The party to whom this permit is issued maintains at his sole expense the structure or object for
which this permit is granted in a condition satisfactory to the county road engineer. (Res. RD § 15-65
§ 16, Vol. N, p. 140, 1965).
12.24.190 Drawings required.
Drawings will be required showing in detail all work intended by the permittee. (Res. RD § 15-65 § 17,
Vol. N, p. 140, 1965).
12.24.200 On -site job inspection.
The county reserves the right to provide on -site job inspection of which said costs shall be
reimbursed by the permittee at the rate of five dollars per hour. (Res. RD § 15-65 § 18, Vol. N, p. 140,
1965).
Chapter 12.25
PIT RECLAMATION*
Sections
12,25.010 Policy adoption.
12.25.020 Reclamation plan.
12.25.030 Minimum standards.
12,25.040 Borrow, quarry or pit, stockpile and waste sites.
12.25.050 Borrow sites.
12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water.
12.25.070 Quarry sites.
12.25.080 Waste sites.
* Formerly 12.24; renumbered by Ord. 2004.13, 2004
12.25.010 Policy adoption.
The board of county commissioners adopts the policy set forth in Sections 12.24.020 through
12.24.080 for the operation and reclamation of all county operated borrow, quarry or pit, stockpile
and waste sites within the county. (Res. RD-16-71 (part), 1971).
12.25.020 Reclamation plan.
All county owned and leased borrow, quarry or pit, stockpile and waste sites, to be henceforth
acquired or presently operated, for the construction and maintenance of county roads and highways
by the county road department shall require a reclamation plan which shall be effected by said
county forces or the county's contractors, within two years after depletion or abandonment of the
site. The reclamation plan shall include, but not limit to the following details:
1. Site boundaries and pertinent topographic features;
2. Proposed finished ground contours or cross -sections and all final slopes;
3. Site drainage; Restoration of stream beds;
4. Methods by which contaminates are controlled;
5. Planned lakes, ponds or other bodies of water which would be beneficial for residential,
recreational, game or wildlife purposes;
6. Local zoning and/or planning, if any;
7. Type of vegetative cover, if required;
8. Proposed stockpiles or maintenance buildings;
9. Any other feature which contributes to the final appearance of the land subsequent to
restoration measures. (Res. RD-16-71 (part), 1971).
10.
12.25.030 Minimum standards.
The county will adhere to the following minimum standards set forth in Sections 12.24.040 through
12.24.080. (Res. RD-16-71 (part), 1971).
12.25.040 Borrow, quarry or pit, stock pile and waste sites.
1. On all sites in view of a highway where excavation below roadway level is anticipated, a
strip not less than fifty feet in width shall be left undisturbed between the toe of the
highway slope and the edge of the site.
2. Slopes of sites shall be graded and dressed to appear natural with the adjacent terrain.
Slope treatment shall be provided on all slopes, except those within quarries, to effect a
rounded slope condition at the junction of the slope with the native ground.
3. An undisturbed strip of native ground not less than ten feet in width shall be left
between the outside slope treatment and the right-of-way boundaries of pit sites.
4. Strippings consisting of that material foreign to the kind of materials to be borrowed or
produced for use shall be removed and deposited within the site for later placement
over the slopes and exposed faces of the site, if deemed suitable for this purpose.
5. All such sites, upon completion of operations, shall be cleared of all rubbish, temporary
structures and equipment, and shall be left in a neat and presentable condition.
6. Vegetative cover which may consist of grass seeding, tree seeding or plant materials will
be required to achieve reclaimed sites which are compatible with the surrounding area
except that vegetative cover will not be required when the following conditions prevail:
a. Sites where adverse growing conditions would prohibit vegetative growth
and would not contribute to the compatibility of the site with the
surrounding area;
b. Those sites where the county or the owners have scheduled site
development, such as maintenance buildings, industrial or commercial
development, etc., which would be effected within two years after depletion
or abandonment of the site.
7. Maintenance operations within such sites shall be restricted to only those segments of
the site necessary for the operations underway and all stockpiled materials shall be
maintained in a neat and presentable condition. (Res. RD-16-71 (part), 1971).
12.25.050 Borrow sites.
The sides of borrow sites which require excavation in soil, sand, gravel, and other unconsolidated
materials shall be no steeper than one and one-half feet horizontal to one foot vertical. (Res. RD §
16-71 (part), 1971).
12.25.060 Borrow and quarry or pit sites which result in the formation of a body of water.
Excavations which are of such depth that sufficient waters accumulate to form a body of water will be
reclaimed as follows:
Under no circumstances will stagnant or polluted waters be permitted in any site.
Should these waters accumulate remedial measures, such as draining or backfilling, will
be taken as corrective action. Backfill material shall be placed to a point one foot above
the level at which the water table was encountered when this corrective action is
selected;
2. Lakes formed in areas which may be used for recreational purposes shall be of such
depth that will inhibit the growth of vegetative matter in the water. A minimum two foot
depth of water shall be maintained in these areas;
3. All banks adjacent to any body of water created shall be sloped or stepped as follows to
permit a person to escape from the water:
Soil, sand, gravel and other unconsolidated materials shall be sloped to two
feet below the low groundwater line at a slope no steeper than one and
one-half feet horizontal to one foot vertical,
b. Solid rock, or other consolidated materials shall be stepped or otherwise
constructed to maintain a safe condition.
The restoration of any borrow, quarry or pit site which results in the formation of a lake shall be the
result of careful planning and will take into consideration all factors which contribute to the ultimate
ecology of the site. (Res. RD-1671 (part), 1971).
12.25.070 Quarry sites.
The slopes of quarry walls in rock or other consolidated materials shall have no prescribed angle of
slope, but where hazardous conditions exist, the quarry shall be either graded or backfilled to a slope
of one foot horizontal to one foot vertical or other precautions must be taken to provide adequate
safety. (Res. RD-16-71 (part), 1971).
12.25.080 Waste sites.
The peaks and depressions of wasted materials shall be reduced to a gently rolling topography or a
uniformly graded surface which will minimize erosion, drain properly and which will be in substantial
conformity with the immediately surrounding terrain.
The county road department shall cooperate with other governmental and private agencies in this
state and agencies of the federal government in an effort to provide land reclamation of the sites
used for the hereinbefore described purposes which will be in the best interests of all concerned.
(Res. RD-16-71 (part), 1971).
Chapter 12.28
ROAD INTERSECTION ILLUMINATION POLICY
Sections
12.28.010 Adopted.
12.28.010 Adopted.
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. (Res. RD-27-73, 1973).
Chapter 12.30
DRIVEWAYS, ACCESSES, WALKS AND TRAILS
(Deleted by Ordinance 2004-13)
Chapter 12.32
ROAD -SANDING POLICY
(Renumbered to 12.20 by Ordinance 2004-13)
(Renumbered to 12.05 by Ordinance 94-27)
Chapter 12.36
WORK ON RIGHTS -OF -WAY
(Renumbered to 12.21 by Ordinance 2004-13)
(Renumbered to 12.06 by Ordinance 94-27)
Chapter 12.40
SURFACING REQUIREMENTS
(Deleted by Ordinance 2004-13)
Chapter 12.44
RIGHT-OF-WAY ACQUISITION AND MAINTENANCE
Sections
12.44.010 Acquisition generally.
12.44.020 Preliminary activities.
12.44.030 Appraisal methods and procedures - Review.
12.44.040 Just compensation for property - Establishment procedure.
12.44.050 Purchase - Additional requirements - Unsuccessful negotiation.
12.44.060 Donation - Additional requirements.
12.44.070 Eminent domain proceedings - Board of county commissioners authority.
12.44.080 Disposition of salvageable items - County engineer responsibility.
12.44.090 Relocation assistance.
12.44.100 Funds available from government agencies Compliance with agency guidelines required.
12.44.010 Acquisition generally.
1. Rights -of -way for Kittitas County roads are acquired generally as follows:
a. Dedications in accordance with applicable Kittitas County ordinances;
b. Donation by the landowner and acceptance by the county engineer acting
for the board of county commissioners;
c. Purchase by the county engineer acting for the board of county
commissioners;
d. Condemnation through eminent domain proceedings instituted by the
board of county commissioners;
e. Transfer from another governmental agency.
2. The determination of the manner of acquisition of rights -of -way is made on a project -
by -project basis by the board of county commissioners.
3. Rights -of -way for projects funded in whole or in part by federal funds, or which are
anticipated to be funded in whole or in part by federal funds at future stages of
development, as determined by the board of county commissioners, will be acquired in
accordance with Public Law 91-646, "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" and RCW 8.26, "Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1971 ". (Ord. RD-40-76 (part), 1976).
12.44.020 Preliminary activities.
1. When a determination has been made that rights -of -way for any project will be
acquired in accordance with the foregoing acts, the procedures set forth in this section
and Sections 12.44.030 through 12.44.100 shall be utilized.
2. Preliminary Activities. The county engineer shall prepare and/or obtain the following:
a. Right-of-way maps delineating:
i. Individual ownerships,
ii. Individual parcels of right-of-way,
iii. Right-of-way parcel identification numbers,
iv. Existing ground or road profile and designed road profile,
when applicable,
V. Private approaches marked with Permit No. or None,
vi. Required approach revisions together with construction
easement areas required,
vii. Drainages, and revisions together with easements required,
viii. Irrigation facilities (private and public) and revisions together
with easements required,
ix. Any other facilities, structures or uses that are affected by the
right-of-way acquisition and road improvement;
NOTE:
Individual ownership and parcel maps may be necessary to
provide proper delineation. Items (E) through (1) must be
considered preliminary until after appraisal or other contact
has been made with the land owner.
b. Limited liability title report for each parcel;
c. Legal descriptions for each parcel of right-of-way;
d. Proposed agreements, as required, for drainage, irrigation, approach or
other revisions for each parcel;
e. Preliminary estimate of right-of-way costs for:
i. Land and/or easements if to be purchased. If acquisition is to
be by donation, no estimate of land is necessary,
ii. Facility revisions (other than approaches which will be included
in construction),
iii. Appraisal and appraisal review (except where donation is
expected),
iv. Negotiations.
3. The county engineer shall present the right-of-way maps, preliminary estimate, and
proposed method of acquisition to the board of county commissioners, for approval.
4. If rights -of -way are to be acquired with federal funds, the county engineer shall submit
the approved right-of-way plan to the District Engineer, Washington State Department
of Highways, for authorization to proceed. (Res. RD-40-76 (part), 1976).
12.44.030 Appraisal methods and procedures - Review.
In the case of acquisition by other than donation, the following procedures shall apply:
1. Appraisals will be undertaken, for those parcels to be acquired by purchase, by one of
the following methods:
a. By county engineer department personnel, on those parcels involving other
than complicated and higher valued lands;
b. By other government agency appraisers upon mutual agreement therefore,
or by qualified fee appraisers.
2. All appraisers shall include the following in their appraisal procedures:
a. Owners must be given an opportunity to accompany each appraiser during
his inspection of the property.
b. No increase or decrease in fair market value due to the project, except
physical deterioration, is to be considered in the valuation of the property.
c. Appraisals are not to give consideration nor include any allowance for
relocation assistance benefits.
Appraisal reviews will be undertaken by the county engineer and a recommendation
made as to just compensation. The owner is not to be left with an uneconomic remnant
which Kittitas County does not make an offer to acquire. (Res. RD-40-76 (part), 1976).
12.44.040 Just compensation for property - Establishment procedure.
1. The appraisal review and just compensation recommendation shall be transmitted to the
board of county commissioners, and the chairman, upon review of the recommendation
and concurrence therein by the board, shall approve same and execute a letter to the
owner setting forth the amount of just compensation, a summary of the basis for the
amount of just compensation, and where appropriate, the just compensation for real
property to be acquired, and damages are to be stated separately.
If the board, upon its review, finds it cannot concur in the recommended just
compensation, the appraisal review shall be returned, with reasons therefore, to the
person making the appraisal review, who shall again review the appraisal together with
the reasons for non -concurrence, take appropriate action as to the recommended just
compensation and forward same to the board for its disposition. (Res. RD-40-76 (part),
1976).
12.44.050 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:
1. Mail, by certified return receipt, all of the letters of just compensation to all parties
having a known interest in each parcel;
2. Arrange to acquire the parcels by negotiation in an expeditious manner provided a
reasonable settlement can be negotiated. There must be no action 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 parcel;
3. Provide for relocation assistance when same is required due to displacement of persons,
businesses or farms;
4. Complete the acquisition making certain that:
a. An equal interest is acquired in all buildings etc. located upon the real
property acquired.
b. All recording fees, transfer taxes, etc., penalty costs for prepayment of a
pre-existing mortgage and the pro rata share of real property taxes paid
subsequent to vesting title in Kittitas County, are paid by Kittitas County,
S. If negotiations are unsuccessful, as evidenced by documented offers and attempts to
arrive at a reasonable settlement, the county engineer shall summarize the same in a
written report to the board of county commissioners for a determination as to further
steps to be taken. (Res. RD-40-76 (part), 1976).
12.44.060 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 subsections (b) and (c) of Section 12.44.020 the
county engineer shall:
1. Prepare and mail letters to all parties having a known interest in parcel expected to be
donated. Said letters shall set forth the rights of the parties to receive just compensation
for the title being acquired, that donation of said title is requested, and that the parties
in making the donation will be required to execute a waiver of the just compensation.
The letter shall also include proposed agreements for the relocation or replacement of
any facilities affected by the acquisition and improvements together with arrangements
for funding the same.
2. Arrange to acquire the parcels by donation in an expeditious manner.
3. Complete the acquisition making certain that all recording fees, transfer taxes, etc., and
the pro rata share of real property taxes paid subsequent to vesting title in Kittitas
County, are paid by Kittitas County. (Res. RD-40-76 (part), 1976).
12.44.070 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. (Res. RD-40-76 (part), 1976).
12.44.080 Disposition of salvageable items - County engineer responsibility.
The disposition of all salvageable items acquired with property shall be accounted for by the county
engineer. (Res. RD-40-76 (part), 1976).
12.44.090 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:
1. If there are no displacements the county engineer shall make a negative finding and
report.
2. If displacements will occur, the county engineer shall prepare and carry out a relocation
assistance plan in compliance with the foregoing acts, or arrange for another
government agency, competent in relocation assistance, to do the same, upon mutual
agreement therefore. (Res. RD-40-76 (part), 1976).
12.44.100 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. (Res. RD-40-76
(part), 1976).
Chapter 12.48
RIGHT-OF-WAY ACQUISITION FOR PROJECTS INVOLVING FEDERAL
FUNDS
Sections
I POLICY STATEMENT
12.48.010 Policy statement.
II PERSONNEL AND DUTIES
12.48.020 County director of public works.
12.48.030 Appraiser.
12.48.040 Real property agent.
III FEDERAL AID REQUIREMENT CHECKLIST
12.48.050 Utilization.
12.48.060 Real property must be appraised before initiation of negotiations with owner.
12.48.070 Owners must be given opportunity to accompany each appraiser during inspection of
property.
12.48.080 Acquiring agency must establish just compensation before initiation of negotiations with
owners.
12.48.090 No increase or decrease in fair market value due to project except physical deterioration to
be considered in valuation of property.
12.48.100 Appraisals not to give consideration nor include allowance for relocation assistance
benefits.
12.48.110 Owner not to be left with uneconomic remnant that acquiring agency did not offer to
acquire.
12.48.120 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.
12.48.130 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.
12,48,140 All displaced persons must be given ninety -day notice in advance of date required to
move.
12.48.150 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.
12.48.160 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.
12.48.170 Acquiring county must acquire equal interest in all buildings, etc., located upon real
property acquired.
12.48.180 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.
12A8.190 No property owner can voluntarily donate property prior to being informed of right to
receive just compensation.
12.48.200 Provisions made for rodent control.
12.48.210 No owner intentionally required to institute legal proceedings to prove fact of taking real
property.
12,48.220 Use of federal aid project number.
I POLICY STATEMENT
12.48.010 Policy statement.
1. The county of Kittitas, hereinafter referred to as the county, desiring to acquire real
property in accordance with the state Uniform Relocation Assistance and Real Property
Acquisition Act (RCW 8.26) and state regulations WAC 365-24) for projects involving
federal funds, adopts the following procedures to implement the above statute and
Washington Administration Code.
2. The department of public works of the county is responsible for the real property
acquisition and relocation activities on projects administered by the county. To fulfill the
property acquisition -relocation assistance role in development and implementation, the
department of public works has the following expertise and personnel capabilities and
accomplishes these functions under the following procedures. (Res. DPW-3-80 (part),
1980).
II PERSONNEL AND DUTIES
12.48.020 County director of public works.
The county director of public works is a civil engineer licensed in the state of Washington:
1. Administers all activities of applicable departments including support to the county
prosecuting attorney, environmental law compliances and the property acquisition
programs for the county. Assures compliances with appropriate county ordinances and
resolutions, and with state statutes, rules and regulations which pertain to real property
acquisition and relocation assistance;
2. Administers all appraisal activities, including estimates of right-of-way costs and
appraisals of fair market value to assure that the county appraisal process complies with
appropriate county and state statutes, laws, rules and regulations. Coordinates and
assigns all appraisal work, hires contract (fee) appraisers, maintains permanent files on
all appraisals. Reviews all appraisals to determine the adequacy and reliability of
supporting data and to approve an adequately supported appraisal report which
represents fair market value;
3. Advises owners of need for project, of impact upon their property and of their rights
under Public Law RCW 8.26. Reviews project plans, appraisals, reviews appraisals and
instruments for adequacy as to real property considerations;
4. Requests condemnation procedure where necessary. Sets up escrows and instructions;
S. In compliance with county and state statutes, laws, rules and regulations, gives notice of
relocation assistance of the time of or subsequent to initiation of negotiations according
to time limits determined by the funding agency. Prepares letter to property owner
explaining entitlements. If the project does not require relocation, prepares letter
disclaiming necessity to prepare relocation plan (negative relocation statement);
6. If the project requires relocation assistance, prepares a relocation assistance program
plan and carries out the same; or arranges for another government agency, competent
in relocation assistance, to do the same, upon mutual agreement therefore. (Res. DPW-
3-80 (part), 1980).
12.48.030 Appraiser.
The county utilizes the services of the county assessor and his 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. (Res. DPW-3-80 (part), 1980).
12.48.040 Real property agent.
The real property agent:
1. Actively negotiates with owners to acquire real property in conformance with all laws,
rules and regulations;
2. This function would either be performed by a department staff person, at the direction
of the director of public works; the county prosecuting attorney, or a private individual
retained by the county for this purpose. (Res. DPW-3-80 (part), 1980).
III FEDERAL AID REQUIREMENT CHECKLIST
12.48.050 Utilization.
Utilization. The following federal aid requirement checklist shall be utilized in acquiring property for
the county. (Res. DPW-3-80 (part), 1980).
12.48.060 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. (Res.
DPW-3-80 (part), 1980).
12.48.070 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 his inspection of the property. Appointment should be made at the owner's
convenience. (Res. DPW-3-80 (part), 1980).
12.48.080 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. (Res. DPW3-80
(part), 1980).
12.48.090 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. (Res. DPW-3-80 (part), 1980).
12.48.100 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. (Res. DPW-3-80 (part), 1980).
12.48.110 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. (Res. DPW-3-80 (part), 1980).
12.48.120 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. (Res. DPW-3-80 (part), 1980).
12.48.130 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. (Res. DPW-3-80 (part), 1980).
12.48.140 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. (Res. DPW-3-80 (part), 1980).
12.48.150 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. (Res. DPW-3-80 (part), 1980).
12.48.160 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. (Res. DPW-3-80 (part), 1980).
12.48.170 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. (Res. DPW-3-80 (part), 1980).
12.48.180 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:
1. Recording fees, transfer taxes, and similar expenses incidental to conveying such real
property to the acquiring county;
2. Penalty costs for full or partial prepayment of any preexisting recorded mortgage
entered into in good faith encumbering such real property;
3. The pro rata share of real property taxes paid which are allocable to a period
subsequent to the date of vesting title in acquiring county, whichever is the earlier. (Res.
DPW-3-80 (part), 1980).
12.48.190 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. (Res. DPW-3-80 (part), 1980).
12.48.200 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. (Res. DPW-3-80 (part), 1980).
12.48.210 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. (Res. DPW-3-80 (part), 1980).
12.48.220 Use of federal aid project number.
The county, to promote more convenient administration of tederal 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. (Res. DPW-380 (part), 1980).
Chapter 12.50
SIGNS ALONG RIGHTS -OF -WAY
Sections
12.50.010 Commercial signs prohibited.
12.50.020 Removal of commercial signs.
12.50.010 Commercial signs prohibited.
It shall be the policy of the county that commercial signs shall not be permitted within the right-of-
way of county roads. (Ord. 94-18 (part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.010).
12.50.020 Removal of commercial signs.
Removal of commercial signs. The county road department is instructed to remove any signs
prohibited by Section 12.40.010 which are found along the right-of-way of county roads. (Ord. 94-18
(part), 1994; Res. 75-38 (part), 1975. Formerly 12.40.020).
Chapter 12.51
ROADSIDE FEATURES
(Renumbered to 12.11 by Ordinance 2004-13)
Chapter 12.52
MAILBOX LOCATIONS
(Repealed by Ordinance 94-32)
Chapter 12.56
FRANCHISES FOR USE OF ROADS AND OTHER COUNTY PROPERTIES
Sections
12.56.010 Applicability.
12.56.020 Rights of grantee.
12.56.030 Bond of grantee.
12.56.040 Approval of plans and specifications - Supervision.
12.56.050 Application for permit - Inspection and supervision expenses.
12.56.060 Commencement of work.
12.56.070 Quality of work - Safety precautions.
12.56.080 Restoration.
12.56.090 County held harmless.
12.56.100 Damage to grantee's installation.
12,56.110 Underground facilities.
12.56.120 Work by county.
12.56.130 Improvement of county roads.
12.56.140 Installation of county utilities.
12.56.150 Vacation of streets - City incorporation.
12.56.160 Condemnation.
12.56.170 Non -exclusivity - Work not to interfere - Prior utilities' preference.
12.56.180 Successors in interest.
12.56.190 Independent contractors.
12.56.200 Revocation of franchise.
12.56.210 Amendments to chapter.
12.56.220 Acceptance by grantee.
1256.010 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.
82-7 § 1, 1982).
12.56.020 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.
, 2021;Ord. 82-7 § 5,1982).
12.56.030 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. 82-7 § 20, 1982).
12.56.040 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. 827 § 6, 1982).
12.56.050 Application for permit - Inspection and supervision expenses.
1. Before any work is done by the grantee under such franchise, it/he shall first file with the
director of public works an application for permit to do such work accompanied by such
supporting documents and/or field information as the director of public works may
require. The grantee shall specify the class and type of material to be used and provide
sufficiently detailed plans so as to adequately show the type and extent of work to be
performed upon the rights -of -way. All material and equipment shall conform to or
exceed the standards of the industry. When requested by the director of public works,
the manner of excavation, construction installation, backfill and the type and size of
temporary structures, including traffic turnouts, road obstructions, etc., shall be
submitted for approval.
2. The grantee shall pay to the county the actual cost and expenses incurred in the
examination, necessary inspection and supervision of such work granted by the permit
and done by the grantee or by an independent contractor under the franchise of the
grantee. (Ord. 82-7 § 7, 1982).
3.
12.56.060 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. 82-7 § 8, 1982).
12.56.070 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. 82-7 § 2, 1982).
12.56.080 Restoration.
1. The grantee shall leave all streets, avenues, alleys, roads, highways, rights -of -way and
other county properties, after laying and installing mains and doing construction work,
making repairs to equipment, etc., in as good and safe condition in all respects as they
were before the commencement of such work by the grantee, its/his agents or
contractors, and all recorded monuments which have been disturbed or displaced by
the work shall be reset to the specifications and approval of the director of public works.
2. In case of any damage to the streets, avenues, alleys, roads, highways, rights -of -way or
other county properties, or to paved or surfaced roadways, turnouts, gutters, ditches,
wood or concrete walls, drain pipes, hand or embankment rails, bridges, trestles,
wharves, landings or monuments by the grantee, the grantee agrees to immediately
repair the damage at its/his own sole cost and expense.
3. When the director of public works determines that an emergency situation does exist,
he may order and have done any and all work considered necessary to restore to a safe
condition any such street, avenue, alley, road, highway, right-of-way or other county
property left by the grantee or agents in a condition dangerous to life or property. He
may cause to be replaced or reset recorded monuments if a grantee fails to replace or
reset same within a reasonable time after completion of construction. The grantee, upon
demand, shall pay to the county all costs of such construction or repair and of doing
such work. (Ord. 82-7 § 9, 1982).
4.
12.56.090 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. 82-7 § 10, 1982).
12.56.100 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. 82-7 § 11, 1982).
12.56.110 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. 82-7 § 19, 1982).
12.56.120 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. 82-7 § 12, 1982).
12.56.130 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. 82-7 § 13, 1982).
12.56.140 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. 82-7 § 14, 1982).
12.56.150 Vacation of streets - City incorporation.
1. Whenever any of the streets, avenues, alleys, roads, highways, rights -of -way or public
places designated in such franchise shall be eliminated from the county jurisdiction by
reason of the incorporation or annexation to a city, then all the rights, privileges and
franchises so granted shall terminate in respect to the streets, avenues, alleys, roads,
highways, rights -of -way and public places so eliminated.
2. If at any time the county vacates any county street, avenue, alley, road, highway, right-
of-way or other county property which is subject to rights granted by the franchise and
the vacation is for the purpose of acquiring the fee or other property interest in the
road, right-of-way or other county property for the use of the county, in either its
proprietary or governmental capacity, then the board of county commissioners may, at
its option, by giving ninety days' written notice to the grantee and after granting an
alternate route, terminate this franchise with reference to such county road, right-of-way
or other county property so vacated, and the county shall not be liable for any damages
or losses to the grantee by reason of such termination and the grantee shall move its
franchise at its own cost. (Ord. 82-7 § 3, 1982).
3.
12.56.160 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.
82-7 § 4, 1982).
12.56.170 Non -exclusivity - Work not to interfere - Prior utilities' preference.
1. The grants and privileges herein enumerated shall not be deemed or held to be an
exclusive franchise. It shall in no manner prohibit the county from granting other
franchises of a like nature or franchises for other public or private utilities over, along,
across, under and upon any of the streets, avenues, alleys, roads, highways, rights -of -
way or other county properties as herein enumerated, and shall in no wise prevent or
prohibit the county from using any of the streets, avenues, alleys, roads, highways,
rights -of -way or other county properties or affect its jurisdiction over them or any part
of them.
2. All construction or installation of mains, valves, pipes, poles, cables, lines, fittings and
facilities, service, repair, or relocation of the same, performing along, over and/or under
the county roads, rights -of -way or other county properties subject to the franchise shall
be done in such a manner as not to interfere with the construction and maintenance of
other utilities, public or private, drains, drainage ditches and structures located therein,
nor with the grading or improvement of such county roads, rights -of -way or other
county properties.
3. The owners of all other utilities, public or private, installed in such county roads, rights -
of -way or other county properties prior in time to the lines and facilities of the grantee,
shall have preference as to the positioning and location of such utilities so installed with
respect to the grantee. Such preference shall continue in the event of the necessity of
relocating or changing the grade of any such county road or right-of-way. (Ord. 82-7 §
15, 1982).
12.56.180 Successors in interest.
1. All the provisions, conditions, regulations and requirements herein contained shall be
binding upon the successors, assigns and independent contractors of the grantee, and
all rights and privileges of the grantee shall insure to its/his successors, assigns and such
contractors equally as if they were specifically mentioned herein whenever the grantee is
mentioned.
2. The grantee, its/his successors and assigns shall have the right to sell, transfer or assign
the franchise upon giving written notice of its/his intention to do so not less than sixty
days in advance of the date of any proposed transfer to the clerk of the board of county
commissioners of the county. (Ord. 82-7 § 16, 1982).
12.56.190 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. 82-7 § 21,
1982).
12.56.200 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. 82-7 § 17, 1982).
12.56.210 Amendments to chapter.
1. The county reserves for itself the right at any time to change, amend, modify or amplify
any of the provisions or conditions herein enumerated to conform to any state statute
or county regulation or to protect the public welfare, health or safety as the county may
deem appropriate, and such franchise may thereafter be terminated as provided in
Section 12.56.200 if such change, amendment, modification or amplification of this
chapter are not complied with.
The grantee, notwithstanding any other terms of such franchise appearing to the
contrary, shall be subject to the police power of the county to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in such franchise. (Ord. 82-7 § 18, 1982).
12.56.220 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. 82-7 § 23, 1982).
Chapter 12.60
BRIDGES
(Renumbered to 12.07 by Ordinance 2004.13)
Chapter 12.70
STORM WATER MANAGEMENT STANDARDS AND GUIDELINES
(Renumbered to 12.06 by Ordinance 2004.13)
Chapter 12.80
ISSUANCE OF PERMITS TO PERFORM WORK ON COUNTY ROAD
RIGHTS -OF -WAY
Sections
I. Provisions Generally
12.80.010 Ownership responsibility.
12.80.020 Acquiring permits.
12.80.030 Cost of restoration and repair.
12.80.040 Adoption.
II. Accommodation of Utilities on County Road Right -of -Way
12.80.100 Purpose.
12.80.110 Application.
12.80.120 Definition of terms.
12.80.130 General conditions and requirements - Location.
12.80.140 General conditions and requirements Design - General.
12.80.150 General conditions and requirements - Standards and codes.
12.80.160 General conditions and requirements - Adjustment and relocation of existing facilities.
12.80.170 Permits - General requirements.
12.80.180 Permits - Specific requirements.
12.80.190 Underground utilities - Location and alignment.
12.80.200 Underground utilities - Cover.
12.80.210 Underground utilities - Encasement.
12.80.220 Underground utilities Uncased carriers.
12.80.230 Underground utilities - Appurtenances.
12.80.240 Underground utilities - Installation.
12.80.250 Underground utilities - One call system.
12.80.260 Overhead utilities - Power and communication lines.
12,80.270 Aesthetic/scenic considerations.
12.80.280 Installations on roadway bridges and structures.
12.80.290 Preservation, restoration and cleanup.
12.80.300 Traffic control and public safety.
12.80.310 Emergency repairs.
I. Provisions Generally
12.80.010 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. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.010).
12.80.020 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.
94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.020).
12.80.030 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. 94-18 (part), 1994; Ord. 92-30 (part), 1992. Formerly 12.20.030).
12.80.040 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. 94-18 (part),
1994; Ord. 92-30 (part), 1992. Formerly 12.20.040).
II. Accommodation of Utilities on County Road Right -of -Way
12.80.100 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. 94-18 (part), 1994; Ord. 92-30
Exh. A § 1, 1992. Formerly 12.20.100).
12.80.110 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. 94-18 (part), 1994; Ord. 92-30 Exh. A §
2, 1992. Formerly 12.20.110).
12.80.120 Definition of terms.
Unless otherwise stated, words and phrases used herein shall have the following meanings:
Appurtenance
Equipment and/or accessories which are a necessary part of an operating utility system or
subsystem.
Bacl fill
Replacement of excavated material with suitable material compacted as specified.
Boring
Grade and alignment controlled mechanical or other method of installing a pipe or casing
under a road without disturbing the surrounding medium.
Carrier
Pipe directly enclosing a transmitted fluid or gas.
Casing
A larger pipe enclosing a carrier for the purpose of providing structural or other protection to
the carrier and/or to allow for carrier replacement without re -excavation, jacking or boring.
Coating
Protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion
and/or corrosion damage.
Conduit
An enclosed tubular runway for protecting wires or cables.
Cover
Depth to top of pipe, conduit, casing or gallery below the grade of a road or ditch.
Drain
Appurtenances to discharge accumulated liquids from casings or other enclosures.
Encasement
Structural element surrounding a pipe or conduit for the purpose of preventing future
physical damage to the pipe or conduit.
Franchise
Occupancy and use document granted by the county required for occupancy of road rights
of way in accordance with Chapters 36.55 and 80.32.
Gallery
Underpass for two or more utility lines.
Manhole
An opening in an underground utility system into which workers or others may enter for the
purpose of making installations, inspections, repairs, connections, cleaning, and testing.
Pavement
The combination of subbase, base course, and surfacing placed on a subgrade to support the
traffic load and distribute it to the subgrade.
Permit
A document issued under the authority of (1) the County Engineer (or Public Works Director)
and/or (2) a franchise granted by the County's legislative authority. The permit provides
specific requirements and conditions for specific utility work at specific locations within the
right-of-way.
Pipe
A structural tubular product designed, tested, and produced for the transmittance of specific
liquids and gases under specific conditions.
Plowing
Direct burial of utility lines by means of a 'plow' type mechanism which breaks the ground,
places the utility line at a predetermined depth, and closes the break in the ground.
Pressure
Internal gage pressure in a pipe in pounds per square inch, gage (psig).
Private lines
Privately owned, operated and maintained utility facilities devoted exclusively to the use of
the owner.
Relocation
Planned change of location of an existing facility to a more advantageous place without
changing the character or general physical nature of the facility.
Replacement
Installation of a like element of a utility system or subsystem in the same or near -same
physical location normally due to damage, wear or obsolescence of the element.
Restoration
All work necessary to replace, repair or otherwise restore the right-of-way and all features
contained within to the same or equal condition as before any change or construction
thereto.
Right-of-way
A general term denoting public land, property, or interest therein, usually in a strip, acquired
for or devoted to transportation or secondary purposes.
Road (or roadway)
A general term denoting a street, road or other public way, including shoulders, designated
for the purpose of vehicular traffic.
Sleeve
Short casing through a pier, wall or abutment of a highway structure.
Traffic control
Those activities necessary to safeguard the general public, as well as all workers, during the
construction and maintenance of utility facilities within the right-of-way.
Trenched
Installation of a utility in an open excavation.
Untrenched
Installation of a utility without breaking the ground or pavement surface such as by jacking
or boring.
Vent
Appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 3, 1992. Formerly 12.20.120).
12.80.130 General conditions and requirements - Location.
1. Utility installations shall be located to minimize need for later adjustment to
accommodate future roadway improvements and to permit access to servicing such
installations with minimum interference to roadway traffic. Counties shall make available
to utilities a copy of their six -year transportation improvement program (or capital
facilities and transportation plan where required) in order to minimize both utility
customer and road user inconvenience should future road improvements (on existing or
new alignment) require adjustment or relocating of the utility facilities. Said utilities
shall, within the limits of standard business practice, make available appropriate short
and long range development plans to the county.
2. Unless otherwise approved by the county, all above -ground utilities and their
appurtenances as well as all above -ground appurtenances of below -ground utilities that
may constitute a roadside obstacle for traffic using the road shall be located as close as
practicable to the edge of the right-of-way line. If an appurtenance within the right-of-
way would constitute an unacceptable roadside obstacle, said obstacle may be:
a. relocated to another place within the right-of-way,
b. converted to a break -away design,
c. crash -protected, or
d. relocated to another location off the road right-of-way.
3. Installations that are required for a road purpose, such as street lighting or traffic
signals, are to be located and designed in accordance with this policy.
4. Where existing facilities are in place, new facilities shall be compatible with the existing
installations and conform to this policy as nearly as practicable. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 4A, 1992. Formerly 12.20.130).
12.80.140 General conditions and requirements - Design - General.
1. The utility shall be responsible for the design of the utility facility being proposed. This
responsibility shall include, in addition to the integrity of the proposed utility facility,
provisions for public safety during the course of construction, as well as consideration of
traffic safety and accident potential for the life of the installation,
2. For work requiring application to the county, the county may review and approve the
utility's plans with respect to:
a. location,
b. the manner in which the utility facility is to be installed,
c, measures to betaken to preserve safe and free flow of traffic,
d. structural integrity of the roadway, bridge, or other structure,
e. ease of future road maintenance, and appearance of the roadway.
3. Provision shall be made for known or planned expansion of the utility facilities,
particularly those located underground or attached to bridges or other structures within
the right-of-way.
4. Granting of a franchise or permit shall not imply or be construed to mean the county
shall be responsible for the design, construction, or operation of the facility or for public
safety during the facility's installation, operation, or maintenance. (Ord. 94-18 (part),
1994; Ord. 9230 Exh. A § 413, 1992. Formerly 12.20.140).
12.80.150 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. 94-18 (part), 1994; Ord, 92-30 Exh. A §
4C, 1992. Formerly 12.20.150).
12.80.160 General conditions and requirements - Adjustment and relocation of existing
facilities.
1. Existing underground utilities on county road right-of-way may be removed or relocated
when road work funded by the county would disturb the existing underground utility.
All such removal or relocation shall be at the sole expense of the owning utility and all
work must be accomplished by the same permitting process as for new installations.
2. Notwithstanding reinforcement or protection otherwise provided, a permit -tee shall be
responsible for the security of each existing pipeline and utility within a road
construction zone. Where there are unusual utility hazards or where heavy construction
equipment will be used, the permittee shall provide adequate temporary protection. In
replacing the roadway, the design should give due consideration to the protection of
previously existing utilities in the roadway section without sacrificing the geometrics of
roadway design. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh, A § 5A, 1992. Formerly
12,20.160).
12.80.170 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. 94-18 (part), 1994; Ord. 92-30 Exh. A § 5A, 1992. Formerly 12.20.170).
12.80.180 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:
1. Agreement to all pertinent provisions of this policy and to such special conditions as the
county may deem appropriate.
2. Description of the facilities to be installed.
3. Adequate exhibits depicting existing or proposed location of the facility in relation to
the road, including right-of-way or easement lines; relationship to currently planned
road revisions, if applicable; and all locations and situations for which deviations in
depth of cover (including the proposed method of protection) or other locational
standards are anticipated. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 513, 1992.
Formerly 12.20.180).
12.80.190 Underground utilities - Location and alignment.
1. For all crossings, the angle of crossing should be as near a right angle to the road
centerline as practicable. However, lesser angles may be permitted based upon
economic considerations of practical alternatives.
2. Where practicable, crossings should avoid deep cuts, footings of bridges and retaining
walls, or locations where highway drainage would be affected.
3. Longitudinal installations should run parallel to the roadway and lie as near as
practicable to the right-of-way line. Installations which cannot be so installed will be
allowed within the right-of-way, provided that:
a. The installation will not adversely affect the design, construction, stability,
structural integrity, traffic safety, or operation of the road facility; or
b. Failure to allow such installation will create an undue hardship or financial
burden upon the utility.
4. Where irregularly shaped portions of the right-of-way extend beyond the normal right-
of-way limits, a uniform alignment of facilities shall be allowed. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 6A, 1992. Formerly 12.20,190).
12.80.200 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. 94-18 (part), 1994; Ord. 92-
30 Exh. A § 613, 1992. Formerly 12.20.200).
12.80.210 Underground utilities - Encasement.
1. Casings shall be installed for roadway crossings where required by appropriate industry
code.
2. Casings may be required for the following conditions:
a. As an expediency in the insertion, removal, replacement, or maintenance of
a carrier line crossing or other locations where it is necessary in order to
avoid open trench construction.
b. As protection for carrier lines from external loads or shock either during or
after construction of a road.
c. For jacked or bored installations of coated carrier lines unless assurance is
provided to the county that there will be no damage to the protective
coating.
3. Within the road right-of-way, where practicable, casing pipes shall extend beyond the
toe of fill slopes, back of roadway ditch, or outside of curb.
4. Other than for necessary vents and/or drains, casing pipes shall be sealed at both ends.
5. Casing pipes shall be designed to support the load of the road and superimposed loads
thereon and, as a minimum, shall equal the structural requirements for road drainage
facilities. Casings shall be composed of materials of sufficient durability to withstand
conditions to which they may normally be exposed. (Ord. 9418 (part), 1994; Ord, 92-30
Exh. A § 6C, 1992. Formerly 12.20.210).
12.80.220 Underground utilities - Uncased carriers.
1. The carrier pipe shall conform to the material and design requirements of the
appropriate utility industry and governmental codes and specifications.
2. The carrier pipe shall be designed to support the load of the road, plus superimposed
loads thereon, when the pipe is operated under all ranges of pressure from maximum
internal to zero pressure. (Ord. 94-18 (part), 1994; Ord. 9230 Exh. A § 6D, 1992. Formerly
12.20.220).
12.80.230 Underground utilities - Appurtenances.
1. Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where
required by federal safety standards. Vent standpipes should be located and
constructed so as neither to interfere with maintenance of the road nor to be concealed
by vegetation. Preferably standpipes should stand by a fence or on the right-of-way line.
2. Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid,
liquefied gas, or heavy gas. Drains for carriers of hazardous materials shall be directed to
natural or artificial holding areas to prevent the potential for surface or ground water
contamination. Drains for which only water or other non -hazardous liquids may
discharge may be directed into the roadway ditch or natural water course at locations
approved by the county. The drain outfall shall not be used as a wasteway for routine
purging of the carrier unless specifically authorized by the county.
3. Location markers and emergency information should be used when required by
applicable state and federal standards.
4. Manholes should be designed and located in a manner that will cause the least
interference to other utilities or future road expansion. Where practicable, installations in
the pavement or shoulders should be avoided. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh.
A § 6E, 1992. Formerly 12.20.230).
12.80.240 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:
1. Trenched Construction and Backfill.
a. Where the pavement must be removed, it first shall be cut in vertical (or
undercut) continuous straight lines.
b. Trenches shall be cut to have vertical faces, where soil and depth conditions
permit, with a maximum width of outside diameter of pipe plus two feet.
Shoring shall comply with the Washington State Department of Labor and
Industries Safety Code.
c. The pipe or carrier shall be installed and the trench backfilled in a manner
assuring no deformation of the pipe likely to cause leakage and restoration
of the structural integrity of the roadway structure. Specific trench back -fill
requirements regarding materials and methods shall be provided by the
county.
d. When trenching is approved on paved roads, the pavement shall be
restored as required by the county.
Untrenched construction may be required for pipelines crossing roads paved with
asphalt concrete or cement concrete and for roads paved with bituminous surface
treatment when directed by the county.
a. If sufficient right-of-way exists, the length of untrenched construction shall
extend a minimum of four feet from edge of pavement, except that a lesser
standard may be permitted by the county engineer where conditions
warrant.
b. Overbreaks, unused holes, or abandoned casings shall be backfilled as
directed by the county engineer.
c. Water boring under roadways shall not be permitted.
d. Existing carriers and conduit installed under a roadway may be physically
located prior to pipeline installation.
Plowing of communication and electrical lines on or adjacent to existing roads by means
of a vibratory plow may be allowed by the county, provided that the structural integrity
of the roadway is not impaired. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 6F, 1992,
Formerly 12.20.240).
12.80.250 Underground utilities - One call system.
All owners of underground facilities shall comply with Title 19 RCW, Chapter 19.122 RCW
19.122.010 through 19.122.900 (Washington State One Call System or Dig Law). (Ord. 94-18 (part),
1994; Ord, 9230 Exh. A § 6G, 1992. Formerly 12.20.250).
12.80.260 Overhead utilities - Power and communication lines.
1. Single -pole construction and joint use of the pole is desirable and should be used
whenever feasible.
2. The minimum vertical clearance for overhead power and communication lines above the
road and the minimum lateral and vertical clearance from bridges shall be in compliance
with the National Electrical Safety Code and Washington State Department of Labor and
Industries "Electrical Construction Code".
3. Where irregularly shaped portions of the right-of-way extend beyond the normal right-
of-way limits, a uniform alignment of facilities shall be allowed. (Ord. 94-18 (part), 1994;
Ord. 92-30 Exh. A § 7, 1992. Formerly 12.20.260).
12.80.270 Aesthetic/scenic considerations.
1. Utility installations shall be designed and constructed to minimize the adverse effect on
existing roadside manmade or natural amenities. Special efforts shall be taken to
minimize any potential negative impact on areas of scenic beauty (i.e., scenic strips,
viewpoints, rest areas, recreation areas, public parks or historic sites, etc.).
2. Overhead utility installations shall be permitted in areas of scenic beauty when other
utility locations are not available, are not technically feasible, are unreasonably costly, or
are less desirable from the standpoint of visual quality.
3. If the utility intends to use chemical sprays to control or kill weeds and brush in scenic
areas, prior approval must be granted by the county at least annually. The county may
limit or restrict the types, amounts, and timing of applications if a significant negative
impact on the aesthetics of the area is anticipated, provided such limitations or
restrictions are not in conflict with state law governing utility right-of-way maintenance.
4. Refuse and debris resulting from the installation or maintenance of the utility facilities
shall be promptly removed once work is completed. (Ord. 94-18 (part), 1994; Ord. 92-30
Exh. A § 8, 1992. Formerly 12.20.270).
12.80.280 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:
1. Attachment of a utility shall not be considered unless the structure in question is of a
design that is adequate to support the additional load and can accommodate the utility
facility without compromise of highway features, including reasonable ease of
maintenance.
2. Manholes and other utility access panels should be avoided within the roadway portion
of the structure.
3. Attachment on a structure of a pipeline carrying a hazardous transmittant shall be
avoided where practicable.
4. The utility attachment shall not reduce the clearance of a structure where such clearance
is critical. Attachment to the outside of a structure should be avoided where there are
reasonable alternatives.
5. Utility mountings shall be of a type which shall not create noise resulting from vibration.
b. The hole created in a structure abutment shall be sleeved, shall be of the minimum size
necessary to accommodate the utility line, and shall be sealed to prevent any leakage of
water or backfill material.
7. The utility line back of the abutment shall curve or angle out to align outside the
roadbed area in as short a distance as is operationally practicable.
8. Communication and electrical power line attachments shall be suitably insulated,
grounded, and preferably carried in protective conduit or pipe from point of exit from
the ground to re-entry. Carrier pipe and casing pipe shall be properly isolated from
electric power line attachments. (Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 9, 1992.
Formerly 12.20.280).
12.80.290 Preservation, restoration and cleanup.
1. The size of disturbed area necessary to install a utility shall be kept to a minimum.
2. Restoration methods shall be in accordance with the specifications of the county and/or
special provisions of the franchise, permit, or agreement.
3. Unsatisfactory restoration work shall be promptly corrected by the utility. If necessary,
unsatisfactory restoration work may be corrected by the county and billed to the utility.
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 10A, 1992. Formerly 12.20.290).
12.80.300 Traffic control and public safety.
1. Traffic controls, including detours for all utility work, shall conform with the currently
applicable "Manual on Uniform Traffic Control Devices for Streets and Highways".
2. All construction and maintenance operations shall be planned to keep interference with
traffic to a minimum. On heavily traveled roads, construction operations interfering with
traffic should not be scheduled during periods of peak traffic flow. Work shall be
planned so that closure of intersecting streets, road approaches, or other access points
is held to a minimum.
3. Adequate provision shall be made to safeguard any open excavation, and shall include
barricades, lights, flaggers, or other protective devices as may be necessary.
4. The storage of materials on through roadways shall not be allowed, and parking of
vehicles on through roadways shall be kept to a minimum. (Ord. 94-18 (part), 1994; Ord.
92-30 Exh. A § 1013, 1992. Formerly 12.20.300).
12.80.310 Emergency repairs.
1. All utility facilities shall be kept in a good state of repair. Emergency repairs shall be
undertaken in a timely manner.
2. If emergency repairs disturb the right-of-way, such repairs may be immediately
undertaken and the right-of-way restored. Approval as to the manner of final
restoration of the right-of-way shall be secured from the county in a timely fashion.
(Ord. 94-18 (part), 1994; Ord. 92-30 Exh. A § 10C, 1992. Formerly 12.20.310).
12.86 Land Use Developments requiring engineering review in the Urban Growth Area of the
city of Ellensburg not utilizing city utilities.
A. Rural Road Standards
Land use developments requiring engineering review in the Urban Growth Area of the City of
Ellensburg NOT utilizing city utilities shall meet Kittitas County rural road standards providing:
1. The owner/developer dedicates sufficient right of way pursuant to the city's road and
street plan.
2. The owner/developer signs a waiver of protest for the County and City to the formulation
of a future Local Improvement District (LID) for the development.
12.87 Land Use Developments requiring engineering review in the Urban Growth Area of the
City of Ellensburg utilizing city utilities.
A. Developer reimbursement agreements
Developer reimbursement agreements in the Urban Growth Area of the City of Ellensburg are
pursuant to Ellensburg City Code Chapter 2.50.
B. Public Works Standards in the Urban Growth Area of the City of Ellensburg
Public Works standards in the Urban Growth Area of the City of Ellensburg are pursuant to
Ellensburg City Code Title 4.
C. City of Ellensburg utilities
All land use development in the Urban Growth Area of the City of Ellensburg utilizing city utilities
shall adhere to Ellensburg City Code Title 9.
12.88 Transportation Impact Fees
A. Kittitas County accepts the City of Ellensburg Transportation Impact Fee study for use in the
Urban Growth Area of the city, as provided in ECC 14.04.020(B) as currently enacted or hereafter
adopted. Fees are determined pursuant to Chapter 14.04, of the Ellensburg City Code.
12.89 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 the Board of County
Commissioners. Extension requests are pursuant to Kittitas County Code section 16.12.250.
Exhibit C: Docket Item 23-03
Title 17 Amendments
2023 Non- Docket Enabling Ordinance
Page 9
June 20, 2023
Chapter 17.11
URBAN GROWTH AREAS
Sections
17.11.010 Purpose and Intent.
17.11.020 Intergovernmental Review.
17.11.030 City of Ellensburg Urban Growth Area Interlocal Agreements.
17.11.031 Conflicts.
17.11.032 Adoption by reference and modified code sections.
17.11.033 Applicability.
17.11.034 Airport Zone.
17.11.035 County/City Zoning conversion chart.
17.11.036 Definitions.
17.11.037 Permitted Uses.
17.11.038 Building Setback and Intensity Standards.
17.11.039 Off -Street Parking.
17.11.040 Infrastructure.
17.11.050 Minimum Density.
17.11.060 Maximum Lot Coverage.
17.11.010 Purpose and Intent.
The purpose and intent of the Urban Growth areas is to provide for areas that are suitable and
desirable for urban densities as determined by the sponsoring city's ability to provide urban services,
and to allow for alternative methods of development that allows for infill and development at urban
levels. (Ord. 2007-22, 2007)
17.11.020 Intergovernmental Review
Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the
associated city. (Ord. 2007-22, 2007)
17.11.030 City of Ellensburg Urban Growth Area Interlocal Agreements.
Kittitas County and the City of Ellensburg have adopted an interlocal agreement to facilitate the
orderly transition of urban services from the County to the City throughout the Urban Growth Area
(UGA) and to coordinate and manage growth and development within the UGA. Permit process and
development standards outlined in KCC 17.11.030 through KCC 17.11.039 are adopted for
application to properties within the City of Ellensburg Urban Growth Area. (Ord. 2022-017, 2022; Ord.
2007-22, 2007)
17.11.031 Conflicts.
If there is a conflict between the provisions within KCC 17.11 or the ILA and other sections of Kittitas
County Code, KCC 17.04.020 and 17.04.040 shall be utilized to resolve the conflict. When 17.04 is
utilized to resolve a conflict, the county will notify the city. (Ord. 2022-017.2022)
17.11.032 Adoption by reference and modified code sections.
Resolution No. 2022-1, a resolution authorizing execution of an interlocal agreement with the City of
Ellensburg regarding development in its Urban Growth Area (UGA), is adopted by reference except
as amended by the provisions 17.11.030 through 17.11.039. Provisions shall apply to City of
Ellensburg code sections as currently adopted as of the date of Resolution No. 2022-1 or hereby
amended in the future by the City. This includes the following Chapters of the City of Ellensburg
code:
Exhibits A (Ellensburg UGA map) and 13 (Future Land Use Map) within Resolution No. 2022-1 are
provided for reference only and do not modify the UGA boundary or change the land use
designation of any property. The UGA boundary and land use designations of properties are
identified within the Kittitas County Comprehensive Plan.
The following City of Ellensburg code sections have been modified as provided for within this code
section. They include:
• Chapter 15.130 — Land Development Code — Definitions
• Chapter 15.310 — Land Development Code — Permitting Uses
• Chapter 15.320 — Land Development Code — Building Setback and Intensity
Standards
• Chapter 15.550 — Land Development Code — Off -Street Parking
(Ord. 2022-017, 2022)
17.11.033 Applicability.
This Agreement applies to the lands within the Ellensburg urban Growth Area as currently adopted
and identified in the County Comprehensive Plan, as of the date of execution of Resolution No.
2022-1 and hereby amended in the future. Where the ILA does not identify development standards
to be utilized for development within the UGA, existing Kittitas County Code standards apply.
(Ord. 2022-017, 2022)
17.11.034 Airport Zone.
KCC 17.58, Airport Zone, applies to all projects within the City of Ellensburg Urban Growth Area
which are located within the Bowers Field Airport Overlay Zone. (Ord. 2022-017, 2022)
17.11.035 County/City Zoning conversion chart.
Where City of Ellensburg zoning designations are referred to within the adopted ILA or this chapter,
the following conversion chart shall be utilized.
County Zone
R Residential
UR Urban Residential
Applicable City Zone
R-5 Residential Suburban
-L Light Industrial
I-L Light Industrial
I-G General Industrial
1-H Heavy Industrial
C-G General Commercial
C-H Commercial Highway
C-H Highway Commercial
C-L Limited Commercial
C-H Commercial Highway
PUD Planned Unit Dev. (Bender/Reecer)
R-S Residential Suburban
PUD Planned Unit Dev. (the Verge)
R-H Residential High
HTC Historic Trailer Court
MHP Manufactured Home Park
F-R Forest and Range
Refer to County standards
(Ord. 2022-017, 2022)
17.11.036 Definitions.
The following definitions shall apply and be utilized for projects located within the Ellensburg UGA.
Where terms are not defined, the definitions in KCC 17.08 shall apply.
1, "Accessory dwelling unit" means a self-contained residential unit that is accessory to a
single family dwelling on a lot and may be added to, created within, or detached from
the primary single-family dwelling unit. An accessory dwelling unit has its own
bathroom, kitchen facilities, living and sleeping areas, though it can share other features
with the single-family dwelling including the yard, parking, or storage.
2. "Accessory use" means on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
3. "Adult family home" means a residential home in which a person or persons provide
personal care, special care, room and board to more than one but not more than six
adults who are not related by blood or marriage to the person or persons providing the
services.
4. "Agriculture" means the use of land for farming, dairying, pasturing and grazing,
horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, Christmas
trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish
in upland hatcheries, and accessory activities, including, but not limited to, storage,
harvesting, feeding or maintenance of equipment, but excluding stockyards,
slaughtering or commercial food processing.
5, "Boarding houses, lodging houses, sororities, fraternities" means an establishment with
lodging for five or more persons on a weekly or longer basis with a central kitchen and
dining area maintained exclusively for residents and their guests.
5. "Community residential facility" means a facility that provides, on a regular basis,
personal care, including dressing and eating and health -related care and services for at
least five, but not more than 15 functionally disabled persons and which is not licensed
under Chapter 70.128 RCW. A residential care facility shall not provide the degree of
care and treatment that a hospital or longterm care facility provides.
7. "Conference center" means an establishment developed primarily as a meeting facility,
including only facilities for recreation, overnight lodging, and related activities provided
for conference participants.
8. "Cooperative" means a group of more than one, but no more than four qualified
medical marjuana patients and/or designated providers who share responsibility for
growing and processing marijuana only for the medical use of the members of the
cooperative.
9. "Day care" means an establishment for group care of nonresident adults or children.
Specifically:
a. Day care shall include child day care services, adult day care centers, and
the following:
i. Adult day care, such as adult day health centers or social day
care as defined by the Washington State Department of Social
and Health Services;
ii. Nursery schools for children under minimum age for education
in public schools;
iii. Privately conducted kindergartens or pre -kindergartens when
not a part of a public or parochial school; and
iv. Programs covering after -school care for school children.
b. Day care establishments are subclassified as follows:
i. Day care I - a maximum of 12 adults or children in any 24-hour
period; and
ii. Day care II - over 12 adults or children in any 24-hour period.
10. Dwelling, Cottage. "Cottage" means a small single-family dwelling that is clustered with
other similar units surrounding a common open space. See ECC 15.540.050 for special
cottage housing provisions.
11. Dwelling, Duplex. "Duplex" refers to a building that is entirely surrounded by open space
on the same lot and contains two dwelling units or two dwelling units that are physically
separated but on the same lot. A duplex will not be considered a duplex for purposes of
the land development code standards if more than one duplex building is located on
one lot.
12. Dwelling, Live -Work Unit. "Live -work unit" means an individual dwelling unit that is used
for residential and nonresidential use types. The dwelling unit type may be any type that
is permitted in the applicable zoning district. Permitted nonresidential uses may be
those that are permitted in the applicable zoning district.
13. Dwelling, Multifamily. See definition of "Multifamily"
14. Dwelling, Single -Family. "Single-family dwelling" means one dwelling unit or one
dwelling unit with an attached or detached accessory dwelling unit used, intended, or
designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
15. Dwelling, Townhouse. "Townhouse" is a single-family dwelling constructed in a group of
three or more attached units in which each unit extends from the foundation to the roof
and with open space on at least two sides. Ownership of a townhouse includes the unit's
building and associated property.
16. "Farmers' market" means a public market at which farmers and other vendors sell
agricultural products, crafts, and food and beverages.
17. "Fruit stand" means a building, structure, or land area used for the sale of fresh fruit or
vegetables grown on -site.
18. "Heavy service" includes service activities that may have regular exterior service, or
storage areas. This use category includes, but is not limited to, contractors, heating fuels,
truck stops, breweries and warehousing. Heavy service uses are limited to buildings no
larger than 50,000 gross square feet in area.
19. "Home occupation" means any activity undertaken for gain or profit that results in a
product or service and is carried on in a dwelling, or building accessory to a dwelling.
20. "Hospital" means an institution receiving inpatients and outpatients and rendering
medical, surgical and/or obstetrical care and associated support facilities such as
administrative offices, information technology department, or other similar facilities.
21. "Hotel" means any building or portion thereof in which lodging is provided and offered
to the public for compensation, and which is open to transient guests and is not a
boarding, lodging, sorority or fraternity house.
22. "Kennel" or "shelter" means any outdoor or indoor facility which houses four or more
small domestic animals (that number not including one unweaned litter) for periods
longer than 24 hours as a commercial venture, as a nonprofit organization, or for a
governmental purpose. The facility may be either a separate business or an accessory
use. A kennel is to be distinguished from a veterinary clinic which houses animals for
periods that may exceed 24 hours as a commercial venture that is accessory to the
primary medical activity performed in a veterinary clinic.
23. "Manufactured home park" means a lot, parcel, or tract of land having as its principal
use the rental of space for occupancy by two or more manufactured homes, including
any accessory buildings, structures or uses customarily incidental thereto.
24. "Marijuana processor" means a person licensed by the State Liquor and Cannabis Board
to process marijuana into marijuana concentrates, useable marijuana and marijuana -
infused products, package and label marijuana concentrates, useable marijuana and
marijuana -infused products for sale in retail outlets, and sell marjuana concentrates,
useable marijuana and marijuana -infused products at wholesale to marijuana retailers
(as defined in RCW 69.50.101 and provided herein for reference).
25. "Marijuana producer" means a person licensed by the State Liquor and Cannabis Board
to produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers (as defined in RCW 69.50.101 and provided herein for reference).
26. "Marijuana retailer" means a person licensed by the State Liquor and Cannabis Board to
self marijuana concentrates, useable marijuana and marijuana -infused products in a
retail outlet (as defined in RCW RCW 69.50.101 and provided herein for reference).
27. "Miniwarehouse" means an enclosed single -story building(s) designed and constructed
to provide individual compartmentalized controlled access stalls or lockers which shall
be used only for the storage of personal property. Ministorage is synonymous with
miniwarehouse.
28. Motel. See definition for "Hotel".
29. "Nursery and greenhouses" means an establishment for the growth, display, and/or sale
of plants, shrubs, trees, and materials used in indoor or outdoor plantings conducted
within or without an enclosed building.
30. "Nursing home" means any facility licensed by the Washington State Department of
Social and Health Services or other appropriate state agencies, providing convalescent,
chronic or domiciliary care for a period in excess of 24 consecutive hours, for three or
more patients or residents not related by blood or marriage to the licensee.
31. Office, Business or Professional. "Business or professional office" means an office
wherein business, technical or scientific services are rendered involving labor, skill,
education and special knowledge for certain compensation or profit, but such labor,
skill, education and special knowledge being predominantly mental or intellectual,
rather than physical, manual or mercantile in nature. Examples of such uses would
include, but not be limited to, the offices of lawyers, accountants, brokers, and insurance
agents.
32. Office, Medical. "Medical office" means an office or clinic used primarily by physicians,
dentists, optometrists, and similar personnel for the treatment and examination of
patients solely on an outpatient basis; provided, that no overnight patients shall be kept
on the premises.
33. "Personal services" means services rendered to individuals for their personal physical
appearance and conditioning needs. Examples would include but not be limited to the
following types of services: barber, beautician, masseur, and steam and sauna baths.
34. "Places of assembly" means a structure for groups of people to gather for an event or
regularly scheduled program. Examples include but are not limited to arenas, religious
institutions, lecture halls, banquet facilities, and similar facilities.
35. "Public agency or utility office" means a building or portion thereof used primarily for
administration purposes by a public agency or utility.
36. "Recreation - indoor commercial" means a commercial recreation land use conducted
entirely within a building, including, but not limited to, athletic and health clubs, pool or
billiard halls, skating rinks, swimming pools, and tennis courts.
37. "Recreation - outdoor commercial" means a commercial recreation land use conducted
primarily outdoors, including, but not limited to, water parks, amusement parks, and
miniature golf courses.
38. "Regional retail commercial" refers to any use which involves the display and sale of
retail consumer goods as part of a regional retail master site plan. Permitted uses and
exceptions are described within ECC 15.390.030. Regional retail commercial
developments contain a minimum of 100,000 square feet of enclosed gross floor area of
allowable uses; provided, that at least 50,000 square feet must be used by one retailer.
39. Senior citizen assisted housing" means housing in a building consisting of two or more
dwelling units restricted to occupancy by at least one occupant 62 years of age or older
per unit, and must include at least two of the following support services:
a. Common dining facilities or food preparation service;
b. Group activity areas separate from dining facilities;
c. A vehicle exclusively dedicated to providing transportation services to
housing occupants;
d. Have a boarding home (assisting living) license from Washington State
Department of Social and Health Services.
40. "Tow vehicle storage area" means the approved yard and buildings where stored
vehicles are kept. The storage areas and fencing must comply with the requirements
established by the Washington State Department of Licensing, Washington State Patrol,
and all local zoning rules and regulations. All tow vehicle storage areas must be
physically located within the tow zone assigned to the operator.
41. "Utility facility" means any privately, publicly, or cooperatively owned line, facility, or
system for producing, transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with
highway drainage, or any other similar commodity, including any fire or police signal
system or street lighting system, which directly or indirectly serves the public. For
commercial wireless communication support towers, antenna arrays, and facilities.
42. "Wrecking yard, vehicle" means any area, lot, land, parcel, building, structure, or part
thereof where buying, selling, or dealing in vehicles of a type required to be registered
under Washington State law, for the purpose of wrecking, dismantling, disassembling, or
substantially changing the form of a vehicle, or buying or selling integral secondhand
parts, in whole or in part is taking place. (Ord. 2022-017, 2022)
17.11.037 Permitted Uses.
1. Purpose:
a. The purpose of this chapter is to establish the uses generally permitted in
each zone which are compatible with the purpose of the zone and other
uses allowed within the zone.
b. The use of a property is defined by the activity for which the building or lot
is intended, designed, arranged, occupied, or maintained.
c. This section only applies to uses within those zones identified within use
tables in 17.11.037(4)(a) below. See KCC 17.22.035 for County/City
conversation chart. For those zones within the UGA that are not listed in the
tables below, the use tables 17.16 through 17.57 shall apply.
2. Interpretation of Land Use Tables:
a. The land use tables in this chapter determine whether a use is allowed in a
zoning district. The zoning district is located on the vertical column and the
use is located on the horizontal row of these tables.
b. If no symbol appears in the box at the intersection of the column and the
row, the use is not allowed in that district, except for certain temporary
uses. For temporary use requirements, see KCC 17.92.010.
c. if the letter "P" appears in the box at the intersection of the column and the
row, the use is allowed in that district. If allowed, the use would follow the
Kittitas County process for permitting.
d. If the letter "C" appears in the box at the intersection of the column and the
row, the use is allowed subject to the conditional use review procedures
specified in KCC 17.60A and the general requirements of the code.
e. Clarification of Uses and Special Conditions.
i. If a * appears after the use, then the use is defined in
17.11.0�_
ii. Uses are subject to footnote requirements in KCC
17.15.080.2 except where they conflict with the tables in
17.11.037(4)(a-c) regarding the permit process.
3. Accessory Uses. An accessory use, as defined in KCC 17.11.036 and identified on the use
tables in KCC 17.11.037(4)(a) by an "A" is permitted in any zone if:
a. It is on the same lot as the principal use to which it is accessory; and
b. It is of a nature customarily incidental and subordinate to, the principal use
or structure.
4. Use Tables:
Table 17.11.037(4)(a) Residential -based uses.
Use R-S C-H I-L I-H
RESIDENTIAL, GENERAL
Dwelling, single-family*
p
Dwelling, cottage*
p
Dwelling, duplex*
p
Dwelling, townhouse*
p
Dwelling, multifamily*
p
Dwelling, live -work*
p
Manufactured home park*
GROUP RESIDENCES
Boarding houses, lodging houses, sororities, fraternities*
Adult family home*
p
Community residential facility*
Senior citizen assisted housing*
RESIDENTIAL ACCESSORY USES
Accessory dwelling unit*
p
Home occupations* (KCC 17.15.080_2}
p
p
p
p
Yard sale use
A
A
A
A
TEMPORARY LODGING
Bed and breakfast
Table 17.11.037(4)(b) Nonresidential uses.
Use
RETAIL
R-S C-H I-L I-H
Auto sales, new and used
P
Farmers' markets*
Fruit stands*
P
P
P
Heavy retail
P
P
P
Heavy service
P
P
P
Nurseries and greenhouses that are ancillary to a retail use*
P
P
P
P
Restaurants, bars, and brewpubs*
P
P
Coffee house, espresso bar
P
P
P
Retail, small scale (<2,000 sf floor area)
P
P
Retail, medium scale (2,000 - 20,000 sf floor area)
P
Retail, large scale (20,001 - 60,000 sf floor area)
P
Retail, super scale (>60,000 sf floor area)
Outlet center
P
Regional retail commercial projects*
P
P
P
Marijuana retailer*
P
PERSONAL AND SERVICES
Day care I facilities*
P
P
P
Day care II facilities*
C
P
General service establishments
P
P
Heavy services
P
P
P
Hotels/motels*
P
Hospitals*
C
Offices, medical*
P
P
Kennels*
P
P
Nursing homes*
C
Marijuana cooperative*
P
P
P
P
Personal service establishments*
P
P
Places of assembly*
C
C
Radio station (commercial)
C
C
C
Veterinary clinic
P
C
BUSINESS SERVICE
Conference center*
P
Offices, business or professional*, small scale (<2,000 sf floor area)
P
P
P
Offices, business or professional*, medium scale (2,000 - 20,000 sf floor area)
P
P
P
Offices, business or professional*, large scale (20,001 - 60,000 sf floor area)
P
P
Miniwarehouse facility*
C
P
P
INDUSTRIAL
Light industry
P
P
Hazardous waste treatment (off -site)
C
C
Hazardous waste treatment (on -site)
C
C
C
Heavy industry
C
Marijuana processor*
P
P
Marijuana producer*
P
P
Tow vehicle storage area*
P
P
Vehicle wrecking yard*
C
Table 17.11.037(4)(c) Special uses.
Use
R-S C-H I-L I-H
PARK, OPEN SPACE AND RECREATIONAL
Cemeteries, columbarium or mausoleums
P
Golf course
P
Golf driving range (not associated with a golf course)
C
C
Recreation - outdoor (commercial)*
P
C
Recreation - indoor (commercial)*
P
C
Parks, playgrounds (public or private)
P
P
P
CULTURAL AND ENTERTAINMENT
Art, performing arts, and recording studios
P
EDUCATIONAL
Schools
C C
GOVERNMENTAL
Court
P
Fire facility
P
Police facility
P
P
Public agency or utility office*
P
P
P
Public agency or utility yard
P
P
P
P
Utility facility*
P
P
P
p
Public transportation passenger terminals
P
RESOURCE
Gardening or fruit raising (accessory use or noncommercial)
P
P
P
P
Agriculture*
P
Small wind energy systems
P
P
P
P
(Ord. 2022-017, 2022)
17.11.038 Building Setback and Intensity Standards.
1. Purpose:
a. To promote forms of development that reinforce and/or enhance the
desired character of Ellensburg neighborhoods;
b. To promote compatibility between developments; and
c. To minimize environmental impacts of development.
2. Interpretation of Tables:
a. The building setback and intensity standards tables address the building
setback and intensity of development specific to individual zoning districts.
The zoning district is located on the vertical column and the form/intensity
topic being addressed is located on the horizontal row of these tables.
b. Where a code reference/link appears after the building setback and
intensity topic, then the use is subject to standards set forth in that section
or chapter.
c. If a number appears in the box at the intersection of the column and the
row, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all
development conditions apply.
d. KCC 17.11.038(4) through 17.11.038(10) provide clarification and exceptions
to the building setback and intensity standards herein.
Use Tables:
Table 17.11.038(3)(a) Building setback and intensity standards - Residential
zones.
Topic
R S R-H
DEVELOPMENT INTENSITY AND CONFIGURATION
Minimum lot area
None
None
Minimum frontage
None
None
Density, minimum (KCC 17.11.038(4)) g
None
15
du/acre
Density, maximum (KCC 17.11.038(4))
6 du/acre
No limit
Maximum building height
35 ft
45 ft 2
Minimum front yard setback 3 4
15 ft
15 ft
Garage front yard setback
22 ft
22 ft
Minimum rear yard setback
20 ft
20 ft
Minimum rear yard setback, accessory buildings (including garages)
5 ft
5 ft :.
Minimum rear yard setback, detached accessory dwelling unit (see KCC
17.11.038(6)(c))
5 ft
5 ft,,,
Minimum side yard setback (includes comer lot interior lot line) 5
5 ft / 10
ft
5 ft / 10
ft,
Minimum side yard setback (comer lot exterior lot line)
loft
loft
Minimum garage side yard setback (corner lot exterior lot line)
22 ft
22 ft
17.11.038(3)(a)(i) Development condition footnotes associated with Table
1. Lot sizes may be variable provided they are sized and shaped sufficient to
accommodate permitted uses and conform to applicable design and density
standards.
2. For buildings, or portions thereof, with pitched roofs, the maximum height may
be increased by five feet. Applicable roof slopes must be at least 4:12 to qualify
for this additional height.
3. Porches and covered entries may project up to six feet into the front yard.
4. No front yard is required for buildings adjacent to designated "storefront
streets." Townhouses and zero lot line homes are exempt from side yard
standards internal to a development. However, such uses shall meet applicable
side yard standards for adjacent lots outside of the development.
5. Townhouses and zero lot line homes are exempt from side yard standards
internal to a development. However, such uses shall meet applicable side yard
standards for adjacent lots outside of the development.
6. Accessory buildings or accessory dwelling units, where built on top of an
existing garage, may be built to a property line abutting an alley, provided
sufficient turning movement and emergency vehicle access is provided within
the alley.
7. For lots 6,000 square feet or less, the minimum side yard shall be five feet on
each side.
8. Minimum densities apply except when limited due to Airport overlay
requirements in KCC 1758.
Table 17.11.038(3)(b) Building setback and intensity standards - Nonresidential
zones.
Standard
DEVELOPMENT INTENSITY AND CONFIGURATION
C-H I-L I-H
Minimum lot area I None i I None 1 I None 1
Density, minimum (KCC 17.11.038(4))
NA
NA
NA
Density, maximum (KCC 17.11.038(4))
None
NA
NA
Maximum building height (see KCC 17.11.038(5) for height
exceptions)
35 ft
35 ft
None
BUILDING PLACEMENT (see KCC 17.11.038(5) through 1711.038(10))
Minimum front yard
loft
10 ft
loft
Garage front yard setback
22 ft
22 ft
22 ft
Minimum rear yard
None 2
None 2
None
Minimum side yard
None 2
None 2
None .
17.11.038(3)(b)(i) Development condition footnotes associated with Table
1. Lot sizes may be variable provided they are sized and shaped sufficient to
accommodate permitted uses and conform to applicable design and density
standards. For areas within 100 feet of a residential zone, the maximum
building height shall be 35 feet.
2. Where the subject property borders a residential zone, the minimum side or
rear setbacks shall be the same as the adjacent residential zone.
3. Critical Areas as defined by Kittitas County Code. Calculations for Determining Maximum
Density - Gross Developable Acreage.
a. All site areas may be used in the calculation of the maximum allowed
residential density or project floor area except as outlined under the
provisions of subsection (13)(2) of this section.
b. Critical Areas as defined by Kittitas County Code shall not be credited
toward the maximum density or floor area calculations. Property used for
new roadways, trails, stormwater facilities, or other features used by
residents may be counted as part of the site area for density calculations.
Property transferred to the city for the construction of public roadways or
other public feature shall be counted as part of the site area if the city and
property owner reach such an agreement as part of the transfer.
4. Density Calculations.
a. Maximum density for an individual site shall be calculated by multiplying
the gross developable acreage by the applicable number of dwelling units.
When calculation results in a fraction, the fraction shall be rounded to the
nearest whole number as follows:
Fractions of 0.50 and above shall be rounded up.
Fractions below 0.50 shall be rounded down.
Prohibited Reduction. Any portion of a lot that was used to
calculate compliance with the standards and regulations of this
title shall not be subsequently subdivided or segregated from
such lot.
Height exceptions. The following structures may be erected above the height limits set
forth in KCC 17.11.038(3)(a) and KCC 17.11.038(3)(b):
a. An additional two feet in height is allowed for structures with green roofs
occupying at least 50 percent of the area of the roof;
b. Skylights, flagpoles, chimneys, church steeples, crosses, spires,
communication transmission and receiving structures, and similar
structures.
6. Setback measurements.
a. Front Yard Setback. The front yard is measured from the street right-of-way
or the edge of a surface improvement (sidewalk) which extends beyond a
right-of-way, whichever is closer to the proposed structure, to a line parallel
to and measured perpendicularly from the street right -of way or the edge
of the surface improvement at the depth prescribed for each zone. For dual
frontage properties, the front yard is measured from the street right-of-way
that is the property's street address and primary access.
b. Side Yard Setback. The side yard setback is measured from the side lot line
adjacent to another private property to a line parallel to and measured
perpendicularly from the side lot lines at the depth prescribed for each
zone.
c. Rear Yard Setback. The rear yard setback is measured from the rear lot line
adjacent to another private property or an alley to a line parallel to and
measured perpendicularly from the rear lot lines at the depth prescribed for
each zone.
d. Corner Lots. For corner lots with two street frontages, setbacks from the
addressed street side shall conform to the front yard setback for the
underlying zoning district. The setbacks for the flanking side shall conform
to the exterior side yard setbacks for the underlying zoning district.
e. For measurements on a pointed or irregular lot refer to definition of lot line
in KCC 17.11.036.
7. Permitted projections into yards. The following structures may extend into or be located
in required setbacks:
a. Fireplace structures, bay or garden windows, enclosed stair landings,
closets, or similar structures may project 30 inches into a front or rear yard,
provided such projections are:
■ Limited to two per facade; and
■ Not wider than 10 feet;
b. Eaves, cornices, and signs may not project more than:
■ Three feet into a front or rear yard; and
■ Two feet into the side yard;
c. Porches and covered entries may project up to six feet into the front yard
subject to conformance with any required site vision standards set forth in
Section 3, Street Standards, of the city's public works development
standards applicable to the lot;
d. Uncovered porches and decks, which exceed 18 inches above the finished
grade, may project up to six feet into the front or rear yards;
e. Storefront weather protection projections into the public right-of-way are
acceptable, provided they don't interfere with street trees or extend beyond
the edge of the sidewalk;
f. The following features may project into any front yard:
• Unenclosed porches and entry features may project six feet
into the front yard;
■ Mailboxes and newspaper boxes;
Fire hydrants and associated appendages;
• Bus shelters; and
■ Monument signs;
g. The following features may project into any yard.
• Telephone poles and lines;
Power poles and lines;
Cable TV and internet lines;
• Light and flagpoles;
■ Sprinkler systems;
• Trellises not exceeding eight feet in height, not wider than 10
feet;
■ Culverts and underground water, sewer, and accessory facilities
for the provision of utilities, such as drains;
• Electrical equipment cabinets and similar utility boxes and
vaults;
• Surface and stormwater water management facilities;
• Uncovered porches and decks not exceeding 18 inches above
the finished grade; and
Rockeries, retaining walls and curbs provided these structures
do not exceed a height of six feet from the property line grade;
and
h. No projections are allowed into a regional utility corridor or access
easement.
8. Setbacks from alleys. Accessory buildings and accessory dwelling units, where built on
top of an existing garage, may be built to a property line abutting an alley, provided
sufficient turning movement and emergency vehicle access is provided within the alley.
9. Setback modifications.
a. In addition to providing the standard street setback, a lot adjoining a half -
street or designated arterial shall provide an additional width of street
setback sufficient to accommodate construction of the planned half -street
or arterial.
b. For residential lots adjacent to designated local streets and built to
applicable standards set forth in Section 3, Street Standards, of the city's
public works development standards, setbacks shall be measured from the
back of the sidewalk rather than the right-of-way edge, provided no
residential structures are built within the public right-of-way.
c. Variance. See procedures in KCC 17.84.
10. Lot or site divided by zone boundary. When a lot is divided by a zone boundary, the
following rules shall apply:
a. When a lot contains both residential and nonresidential zoning, the zone
boundary between the zones shall be considered a lot line for determining
permitted building height and required setbacks on the site;
b. When a lot contains residential zones of varying density:
■ Any residential density transfer within the lot shall be allowed
from the portion with the lesser residential density to that of
the greater residential density,
Compliance with these criteria shall be evaluated during review
of any development proposals in which such a transfer is
proposed; and
■ Uses on each portion of the lot shall only be those permitted
in each zone pursuant to KCC 17.11.037.
Ord. 2022-017. 2022)
17.11.039 Off -Street Parking.
1. Purpose:
a. The purpose of this chapter is to provide adequate parking for all uses
allowed in this title, to reduce demand for parking by encouraging
alternative means of transportation including public transit and bicycles,
and to increase pedestrian mobility by:
L Setting minimum off-street parking standards for different
land uses and districts that assure safe, convenient and
adequately sized parking facilities;
H. Recognizing that developed properties are likely to support a
variety of different uses over time; and
iii. Providing for parking and storage of bicycles.
2. Authority and application.
a. The regulations of this chapter apply to all off-street parking areas in all
zoning districts within the City of Ellensburg's Urban Growth Area.
b. The regulations of this chapter apply to all new development applications,
all new parking lot construction or enlargement. In addition, these
regulations shall apply at the time of enlarging, moving or increasing the
capacity of existing structures by creating or adding dwelling units,
commercial or industrial floor space, or seating facilities, and shall also
apply when an existing land use within an existing structure is changed to a
category of land use as set forth below that is different than the category of
land use for which the existing parking facility was designed and installed.
c. Before an occupancy permit may be granted for any new or enlarged
building or for a change of use in any existing building, the use shall be
required to meet the provisions of this chapter.
d. If this chapter does not specify a parking requirement for a land use, the
director shall establish the minimum requirement based on a study of
anticipated parking demand. Transportation demand management actions
taken at the site shall be considered in determining anticipated demand. In
the study the applicant shall provide sufficient information to demonstrate
that the parking demand for a specific land use will be satisfied. Parking
studies shall be prepared by a professional engineer with expertise in traffic
and parking analyses, or an equally qualified individual as authorized by the
director.
e. The Electric Vehicle Infrastructure regulations in KCC 17.66 shall be utilized
in conjunction with this Chapter.
Parking plan -Building permit, surety bond, and occupancy requirements.
a. Building Permit. No building permit nor parking lot construction or
enlargement shall be issued until a parking plan showing provisions for the
required off-street parking, as specified in this chapter, has been submitted
and approved by the director. The plan shall clearly indicate the proposed
development, including parking lot location, size, shape, design, number of
spaces, curb cuts, lighting, and other features and appurtenances required
by this chapter. The parking plan shall show/state the number of parking
spaces and handicap spaces required and provided.
b. Surety. Before a building permit is issued for any building or structure for
which this chapter requires off-street parking and where such off-street
parking is not to be contained within the building for which the building
permit is requested, the director may require that the applicant provide the
city with a surety bond or other sufficient security approved by the director
guaranteeing to the county the installation and improvement of the
required off street parking within a time not to exceed six months following
the completion of the building(s) for which such off-street parking is to be
provided.
c. Occupancy. All required off-street parking areas must be completed and
landscaped prior to occupancy of any structure.
4. Computation of required off-street parking spaces.
a. Spaces Required. Except as modified in subsections below, off-street
parking areas shall contain at a minimum the number of parking spaces as
stipulated in the following table. Off street parking ratios expressed as
number of spaces per square feet means the usable or net square footage
of floor area, exclusive of nonpublic areas. Nonpublic areas include but are
not limited to building maintenance areas, storage areas, closets or
restrooms. If the formula for determining the number of off-street parking
spaces results in a fraction, the number of off-street parking spaces shall be
rounded to the nearest whole number with fractions of 0.50 or greater
rounding up and fractions below 0.50 rounding down.
Table 17.11.039(4)(a)(i) Computation of required off-street parking spaces.
Category of Land Use I
RESIDENTIAL / LODGING
Dwelling, single-family
Minimum Parking Spaces Required
2.0 per dwelling unit;
for structures containing more than 4 bedrooms, I
additional space for each bedroom in excess of 4
shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted for single-family units.
Accessory dwelling unit
None required
Apartment:
Duplex
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted for duplex dwelling units.
Townhouse
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
Studio units
1.2 per dwelling unit
Studio and I -bedroom units in C-C zone
0.7 per dwelling unit
outside of the downtown historic district
1-bedroom units
1.5 per dwelling unit
2-bedroom residential units and larger in
0.7 per bedroom
C-C zone outside of the downtown historic
district
2-bedroom units or larger
1.0 per bedroom
Cottage housing
1.5 per dwelling unit
Senior housing
1.0 per dwelling unit (this may be reduced based
on the characteristics of the use)
Adult family home
2.0 per dwelling unit;
for structures containing more than 4 bedrooms,
1 additional space for each bedroom in excess of
4 shall be provided.
NOTE: Tandem parking to accommodate 2-car
garages is permitted.
Senior citizen assisted housing
1.0 per 2 dwelling or sleeping units
Community residential facilities
1.0 per 2 bedrooms
Boarding houses, lodging houses,
sororities, fraternities
1.0 per bedroom
Hotel/motels (where restaurants and
conference facilities are included, see
standards for applicable use)
1.0 per guest room
Bed and breakfast guesthouse
F10 per guest room, plus 2.0 per facility
GENERAL RETAIL AND SERVICE
Offices, banks, medical clinics,
supermarkets, retail shops, department
stores, or similar uses
General retail or service use with drive-in
facility
Day care facility
FOOD AND BEVERAGE
Restaurant, taverns, or similar uses where
patrons sit down for service
Drive-in restaurant
Drive-in coffee stand
1.0 per 300 square feet of gross floor area
Same parking for retail and service as provided
herein, plus sufficient off- street drive -through
stacking area to accommodate 3 vehicles without
negatively impacting other required parking
areas, ingress and egress into such parking areas,
or traffic on public streets
1.0 per employee plus 1.0 temporary loading
parking per each 8 full -day equivalent children
1.0 per 200 square feet of gross floor area for sit-
down facilities with a minimum number of 5
spaces required
Same parking as restaurant plus sufficient off-
street drive -through stacking area to
accommodate 6 vehicles without negatively
impacting other required parking areas, ingress
and egress into such parking areas, or traffic on
public streets
2.0 per facility plus sufficient off- street drive -
through stacking area to accommodate 6 vehicles
without negatively impacting other required
parking areas, ingress and egress into such
parking areas, or traffic on public streets
PLACES OF ASSEMBLY
Churches, funeral homes, mortuaries,
0.25 per person of maximum occupancy as
clubs, lodges, museums, auditoriums,
established by the fire marshal with a minimum
theaters, conference facilities, public or
of 5 spaces required
commercial recreational facilities, or
similar uses
INDUSTRIAL AND LAND CONSUMPTIVE USES
Wholesale trade, warehousing (including
1.0 per 1,500 square feet of gross floor area for
miniwarehouse facilities), processing and
structures up to 20,000 square feet in gross size
manufacturing facilities, heavy equipment
with a minimum of 5 spaces required OR 1.0 per
repair, lumber yard, car sales, or similar
2,000 square feet of gross floor area for
land consumptive but low traffic
structures greater than 20,000 square feet in gross
generation uses
size.
NOTE: For vehicle sales lots, the sales area is not
considered to be a parking facility and does not
have to comply with the requirements of this
chapter. However, all required parking must be
designed and reserved for customer parking only.
PUBLIC AND QUASI -PUBLIC USES
Hospital
1.5 per each 5 beds with a minimum of 5 spaces
required
Elementary and junior high schools
1.0 per classroom, plus 1 per 50 students
High schools, college or university, trade
1.0 per classroom, plus 1 per 10 students
school, or business school
Governmental office
1.0 per 350 square feet of gross floor area
17.11.039(4)(a)(ii) Footnotes Associated with Table
1. In those situations where a particular use is not specifically mentioned in this table,
the requirements for off-street parking shall be determined by the director and in
accordance with the most comparable use listed.
a. Shell Building Permit Applications. When the county has received a shell
building permit application, off-street parking requirements shall be based on
the possible tenant improvements or uses authorized by the zone designation
and compatible with the limitations of the shell permit. When the range of
possible uses results in different parking requirements, the director shall
establish the amount of parking based on a likely range of uses. For example, an
Category of Land Use Minimum Parking Spaces
Required
Single-family dwelling
None
Multifamily dwelling
0.5 space per dwelling unit (units
with private garages are exempt)
Hotel/motels
1.0 per 20 guest rooms
Offices, banks, medical clinics,
1.0 per 5,000 square feet of gross
supermarkets, retail shops,
floor area for up to 50,000 square
department stores, or similar
feet, then 1.0 per 10,000 square feet
uses
beyond 50,000
Restaurant, taverns, or similar
1.0 per 800 square feet of gross floor
uses where patrons sit down for
area
service
All other uses
1.0 per 5 required vehicle parking
spaces
submits "t f 5 000 f shell building
C.
su i ms a perms or a -square- oot s i e uOng in the C-H
zone. The zone allows for a range of retail, personal, and general service retail
uses. Most permitted uses in this zone fall in the category of general retail and
service uses in Table 17.11.039(4)(a)(i) which requires one space per 300 square
feet of gross floor area. Restaurants require more parking (one space per 200
square feet of gross floor area). While the director might find it unreasonable to
require parking for the "worst case scenario" in terms of possible use types, he
or she will typically choose a requirement that falls between the possible use
scenarios. In this case, the odds are that most possible uses fall in the general
retail and service use category with a lower parking requirement, though a
slightly higher parking requirement would make sense given the possibility of a
use such as a restaurant, which requires greater parking. Thus, a compromise
standard, requiring a minimum of one space per 275 square feet of gross floor
area, would be reasonable in this instance.
Other Provisions of Code. Where other provisions of this code stipulate reduced
minimum parking requirements, those provisions shall apply.
Bicycle Parking. Multifamily and nonresidential developments shall provide for
bicycle parking per the standards below:
i. Amount of Bicycle Parking.
Computation of required off-street bicycle parking spaces.
i. Parking Location and Design - Nonresidential Uses. Bicycle facilities for
patrons shall be located within 100 feet of the building entrance and located
in safe, visible areas that do not impede pedestrian or vehicle traffic flow.
ii. Parking Location and Design -Residential Uses. Bicycle facilities for residents
small be located within 100 feet of all building or individual unit entrances
and located on the ground level in safe, visible areas that do not impede
pedestrian or vehicle traffic flow.
iii. Bicycle parking hardware shall be installed according to its manufacturer's
instructions, allowing adequate clearance for bicycles and their riders.
5. Primary Use. The minimum number of parking spaces shall be computed based on the
primary uses on the property, except as stated in subsection (6) of this section that
addresses accessory uses. When there are two or more separate primary uses on a
property, the required off-street parking for the property is the sum of the required
parking for the individual primary uses.
6. Accessory Use. When more than 20 percent of the gross floor area on a property is in an
accessory use, the required off-street parking shall be calculated separately for the
accessory use and for the primary use and then added together for the total required
off-street parking. When 20 percent or less of the gross floor area on a property is in an
accessory use, the required off-street parking shall be calculated on the gross floor area
of the building as if it were all under the primary use.
Examples:
a. A 40,000-square-foot building containing a 30,000 -sq u are -foot warehouse
space (75 percent of total) and a 10,000-square-foot accessory office space
(25 percent of total). The minimum parking requirement would be
calculated separately for the office use and the warehouse use and then
added together.
b. The same 40,000-square-foot building containing a 35,000-square-foot
warehouse space (88 percent of total) and a 5,000-square-foot accessory
office space (12 percent of total). The required parking would be based
solely on the gross floor area of the building as if it were all the primary use
(40,000).
7. On -Street Parking. On -street parking immediately adjacent to the property may be
counted towards the parking requirement for nonresidential uses.
8. All required off-street parking must have direct and unobstructed access to ingress and
egress from a public street, and stacked or tandem parking shall not be counted toward
meeting the required off-street parking requirements in any zoning district except for
single-family residential structures and duplex dwelling units as per Table
17.11.039(4)(a)(i).
9. Garages. Required off-street parking that is provided in garages or carports shall be
credited toward the required off-street parking spaces except that no stacked or tandem
parking that blocks off those garages or carport parking spaces from direct or
unobstructed access to ingress or egress to a public street shall be credited toward the
required parking spaces except for single-family residential structures and duplex
structures as set forth in Table 17.11.039(4)(a)(i).
10. Handicapped Parking. Off-street parking and access for the physically handicapped shall
be provided in accordance with the Uniform Building Code,
11. Fire Lane Standards. Fire lanes may be required by the fire codes and by Kittitas Valley
Fire and Rescue within off-street parking facilities. Such fire lanes, including dimensions,
width, location, etc., shall be installed as required by the fire code or Kittitas Valley Fire
and Rescue and shall remain in effect throughout the life of the parking facility.
12. Changes in use to a different land use category shall provide the minimum off-street
parking for the new general land use category.
13. Continued use of required parking spaces.
a. Continued Use. Required off-street parking spaces must be available for the
continued use of residents, customers, or employees of the use, and the
continued use of a building or structure or property for which off-street
parking is required shall be conditioned upon the continued existence of
such off-street parking. If the required off-street parking ceases to exist in
connection with the use for which it was reserved, and no equivalent off-
street parking is provided, such occupancy and use of the building or
structure or property shall become illegal and the occupancy permit shall
become void.
b. Assignment Prohibited. Required off-street parking spaces may not be
assigned in any way to another use on another site.
c. Use for Non -Parking Purposes Prohibited. Required off-street parking
spaces shall not be used for the parking of equipment or for storage of
materials or goods or inoperable vehicles. Use of required off-street
parking for commercial or other purposes in conjunction with a temporary
use of a limited and specific duration shall require separate review and
approval by the director in conjunction with the temporary use.
d. Maintenance Required. The off-street parking required by this chapter shall
be maintained in a good and functioning condition as determined by the
director.
14. Loading space requirements.
a. Every nonresidential building engaged in retail, wholesale, manufacturing,
or storage activities, excluding self-service storage facilities, shall provide
loading spaces in accordance with the standards listed below:
Table 17.11.039(14)(a)(i) Loading space requirements for retail, wholesale,
manufacturing, or storage activities, excluding self-service storage facilities.
Gross Floor Area
Required Number of Loading Spaces
10,000 to 40,000 square feet
1
40,001 to 96,000 square feet
2
96,001 to 160,000 square feet
3
160,001 to 196,000 square feet
4
For each additional 70,000 square feet
1 additional
b. Every building engaged in hotel, office building, restaurant, hospital, auditorium,
convention hall, exhibition hall, sports arena/stadium or other similar use shall
provide loading spaces in accordance with the standards listed below:
Table 17.11.O39(14)(b)(i) Loading space requirements for hotel, office building,
restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium, or
other similar uses.
Gross Floor Area
Required Number of Loading Spaces
40,000 to 120,000 square feet
1
120,001 to 264,000 square feet
2
264,001 to 520,000 square feet
3
520,001 to 784,000 square feet
4
784,001 to 920,000 square feet
5
For each additional 2O0,OOO square feet
1 additional
c. For storefronts and other similar buildings sited adjacent to a street without
individual businesses over 10,000 square feet and no alley access, loading
space may be provided by on street designated loading zones upon
approval of the public works and utilities director as an administrative
decision based on access and safety considerations. A site plan, proposed
conditions, and reason for on -street loading facilities shall be included in
the application.
d. Each loading space required by this section shall be a minimum of 10 feet
wide, 30 feet long, and have an unobstructed vertical clearance of 14 feet
six inches, and shall be surfaced, improved and maintained as required by
this chapter. Loading spaces shall be located so that trucks shall not
obstruct pedestrian or vehicle traffic movement or project into any public
right of -way. All loading space areas shall be separated from parking areas
and shall be designated as truck loading spaces.
e. Any loading space located within 100 feet of areas zoned for residential use
shall be screened and operated as necessary to reduce noise and visual
impacts. Noise mitigation measures may include architectural or structural
barriers, beams, walls, or restrictions on the hours of operation.
f. Multi -story self-service storage facilities shall provide two loading spaces,
and single -story facilities one loading space, adjacent to each building
entrance that provides common access to interior storage units. Each
loading berth shall measure not less than 25 feet by 12 feet with an
unobstructed vertical clearance of 14 feet six inches, and shall be surfaced,
improved, and maintained as required by this chapter. Any floor area
additions or structural alterations to a building shall be required to provide
loading space or spaces as set forth in this chapter.
15. Parking lot design and construction standards.
a. Parking Area Access Standards. See Section 6, Parking Standards, of the
city's public works development standards.
b. Parking Stall and Aisle Dimensions. See Section 6, Parking Standards, of the
city's public works development standards.
c. Parking Area Development and Design Provisions.
i. For parking area surfacing standards, see Section 6, Parking
Standards, of the city's public works development standards.
Fire lane shall be in accordance with the International Fire
Code (IFC) as adopted in KCC 14.04.
(Ord. 2022-017, 2022)
17.11.040 Infrastructure.
Except as modified by a UGA interlocal agreement, development of infrastructure relating to
municipal water and sewer services shall be referred to the requirements as outlined by the
corresponding cities code. Joint review shall occur in the development of roads with both the city
and county road standards. (Ord. 2022-0 i , 2022; Ord. 2007-22, 2007)
17.11.050 Minimum Density.
Density calculations shall be calculated based on lands available after removal of lands protected
under Critical Areas as identified in Kittitas County Code Title 17A and lands used for the purpose of
development and placement of roads. This provision shall not apply to the Airport Overlay. OLrd
202� 2022; Ord. 2019-013. 2019; Ord. 2007-22, 2007)
17.11.060 Maximum Lot Coverage.
Except as modified by a UGA interlocal agreement, the ground area covered by all buildings,
including accessory buildings, shall be consistent with the associated City's maximum lot coverage
regulations for the associated land use zone. This applies only to those zones with a Maximum Lot
Coverage. (Ord. 2022-017, 2022; Ord. 2018-014. 2018)
Exhibit D: Docket Item 24-03
Title 17 Amendments
2023 Non- Docket Enabling Ordinance
Page 10
June 20, 2023
Chapter 17.22
UR - URBAN RESIDENTIAL ZONE*
Sections
17.22.010 Purpose and intent.
17.22.015 Development within the Ellensburg Urban Growth Area (UGA).
17.22.020 Allowed uses.
17.22.030 Lot - Size required.
17.22.040 Maximum lot coverage.
17.22.050 Maximum height permitted.
17.22.060 Yard requirements.
17.22.065 Yard requirements- Zones Adjacent to Commercial Forest Zone.
17.22.090 Grazing.
17.22.100 Repealed.
17.22.110 Repealed.
17.22.120 Repealed.
* Prior history: Ord. Z77-2.
17.22.010 Purpose and intent.
The purpose and intent of the Urban Residential zone is to provide for and protect areas for home -
site development and/or urban levels of development in where municipal services can be provided
or is already available. (Ord. 2007-22, 2007; Ord. 83-Z-2 (part), 1983)
17.22.015 Development within the Ellensburg Urban Growth Area (UGA).
For properties located within the City of Ellensburg UGA, the uses and development standards in
KCC 17.11.030 through 17.11.039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not
identify uses and development standards to be utilized for development within the Ellensburg UGA,
this chapter shall apply. Ord. 2022-017 2022)
17.22.020 Allowed uses.
Uses allowed in the Urban Residential zone include those uses pursuant to KCC Chapter 17.15.
2013-001, 2013; , 2011; Ord. 0-2006-01, 2006; Ord. 96-19 (part), 1996; Res. 83-10,
1983)
17.22.030 Lot - Size required.
1. This provision shall not apply to the Airport Overlay.
2. Minimum lot sizes in the URzone areas follows:
Single family dwelling, seven thousand two hundred (7,200) square feet.
Two (2) family dwelling, ten thousand (10,000) square feet.
3. All lots of record at the time of passage of the ordinance codified in this chapter shall be
considered as conforming to lot size requirements. (Ord. 2022-017, 2022; Ord. 2019-013,
2019; Ord. 2013-001, 2013; Ord. 2007-22, 2007; Res. 83-10, 1983)
17.22.040 Maximum lot coverage.
Refer to KCC 17.11.060. (Ord. 2018-014, 2018; Ord. 2013-001, 2013; Res. 83-10, 1983)
17.22.050 Maximum height permitted.
No structure shall exceed two and one-half (21/2) stories or thirty-five (35) feet, whichever is less in
height. (Ord. 2013-001 2013; Res. 83-10, 1983)
17.22.060 Yard requirements.
No structure shall be built or located closer than twenty-five (25) feet to the front and rear property
line or within fifteen (15) feet of any side property line. Side and rear yard setbacks may be modified
in accordance with KCC 16.10.065. (Ord. 2022-005, 2022; Ord. 2013-001. 2013; Res. 83-10, 1983)
17.22.065 Yard requirements at Zones Adjacent to Commercial Forest Zone.
Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)-
foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such
setback isn't feasible, development shall comply with KCC 17.57.050(2). (Ord. 2013-001 2013;
2010-014.2010; Ord. 2007-22, 2007)
17.22.090 Repealed.
(Ord. 2013-001, 2013; Ord. 88-4 § 2 (part), 1988; Res. 83-10, 1983)
17.22.100 Repealed.
(Ord. 2013-001. 2013; Ord. 2010-014. 2010; Ord. 0-2009-25, 2009; Ord. 2007-22, 2007; Ord. 0-2006-
01, 2006; Ord. 90-10 (part), 1990; Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983)
17.22.110 Repealed.
(Ord. 2007-22, 2007; Ord. 88-4 § 2 (part), 1988)
17.22.120 Repealed.
Ord. 2013-001 2013; Ord. 2007-22, 2007)