Drafter
Clerk 4/4/2007
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AN ORDINANCE approving and adopting the 2007 update to the King County Road Design and Construction Standards as the standards for road design and construction in King County; amending Ordinance 11187, Section 1, as amended, and K.C.C. 14.42.010, Ordinance 8041, Section 3, and K.C.C. 14.42.020, Ordinance 8041, Section 4, as amended, and K.C.C. 14.42.030, Ordinance 8041, Section 5, and K.C.C. 14.42.040, Ordinance 8041, Section 6, as amended, and K.C.C. 14.42.050, and Ordinance 8041, Section 7, and K.C.C. 14.42.060 and Ordinance 8041, Section 8, as amended, and K.C.C. 14.42.070, and adding new sections to K.C.C. chapter 14.42 and decodifying K.C.C. 14.42.062, K.C.C. 14.42.080 and K.C.C. 14.42.090.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
NEW SECTION. SECTION 1. There is hereby added to K.C.C chapter 14.42 a new section to read as follows:
A. Chapter 36.75 RCW authorizes the county to perform all acts necessary and proper for the administration of the county roads. County roads shall be established, laid out, constructed, altered, repaired, improved and maintained by the legislative authority of the county or by private individuals or corporations who are allowed to perform such work under an agreement with the county legislative authority. The work and improvements shall be done in accordance with adopted county standards under the supervision and direction of the county road engineer.
B. The purpose of the King County Road Design and Construction Standards ("the standards") is to set forth specific, consistent and acceptable road design and construction elements for developers and other private parties constructing or modifying road or right-of-way facilities that require county licenses or permits and to establish uniform criteria to guide the county's own design and construction of new county roads or reconstruction of existing roads. The standards support the county's goals for achieving affordable housing, providing adequate facilities for development in an efficient manner, complying with storm water management and envirortlchnmental and cultural resource policies, and balance these goals with the general safety and mobility needs of the traveling public.
C. The county requires standardization of road design elements when necessary for consistency and to ensure, so far as practicable, that motoring, bicycling, transit, equestrian and pedestrian public safety needs are met. Considerations include safety, convenience, pleasant appearance, proper drainage, economical maintenance and cultural and environmental resource protection. The standards also provide requirements for the location and installation of utilities within the right-of-way.
D. The standards are intended to assist, but not substitute for, competent work by design professionals. The standards are not intended to unreasonably limit any economically maintained innovative or creative efforts or to lower impact development alternatives that could result in equivalent or improved safety, quality and maintainability.
SECTION 2. Ordinance 11187, Section 1, as amended, and K.C.C. 14.42.010 are each hereby amended to read as follows:
A. "King County Road Design and Construction Standards," ((1993 update, as amended by the council December 20, 1993, incorporated herein as Attachment A to Ordinance 11187 with amended Sections 2.03, 2.20, 2.21, 3.02, 5.03 and 5.10 as Attachment B to Ordinance 11187)) 2007, incorporated herein as Attachment A to this ordinance, are hereby approved and adopted as the King County standards for road design and construction.
B. Consistent with the council's direction and intent in adopting these standards, the department of transportation is hereby authorized to develop public rules and make minor changes to the text and drawings in order to better implement the standards and as needed to stay current with changing design and construction technology and methods.
((C. Consistent with council's direction and intent in adopting these standards, the department of transportation will establish a committee consisting of county staff and representatives of the fire and emergency medical service and development communities. The committee will investigate alternative roadway widths and other road standard related issues that impact the ability to provide emergency fire and medical service to the public and report findings back to council by September 1994.))
SECTION 3. Ordinance 8041, Section 3, and K.C.C. 14.42.020 are each hereby amended as follows:
A. (("Standards" means King County Road Standards.
B.)) "County road ((E))engineer" means the King County road engineer, having authorities specified in RCW 36.75.050 and chapter 36.80 RCW, or his or her authorized representatives.
B. "Development review engineer" means the department of development and environmental services employee responsible for the conditioning, review, inspection and approval of right-of-way use permits, and road and drainage improvements constructed as part of development permits administered by the department of development and environmental services. The development review engineer or his or her designee shall be a professional civil engineer registered and licensed under the laws of the state of Washington.
C. "Reviewing agency" means the King County department of development and environmental services or its successor agency responsible for reviewing subdivisions and other developments within its jurisdiction.
D. "Standards" means King County Road Design and Construction Standards.
SECTION 4. Ordinance 8041, Section 4, as amended, and K.C.C. 14.42.030 are hereby amended to read as follows:
A. The standards ((may)) apply prospectively to all newly constructed or modified road and right-of- way facilities, both public and private, within King County. The standards apply to modifications of roadway features or existing facilities ((which)) that are within the scope of reconstructions, required off-site road improvements for land developments or capital improvement projects when so required by King County or to the extent they are expressly referred to in project plans and specifications. These standards are not intended to apply to (("))resurfacing, restoration, and rehabilitation((")) projects as those terms are defined in the Washington state Department of Transportation Local Agency Guidelines Manual, ((Washington State Department of Transportation,)) as amended((; however,)). ((t))The county road engineer may in his or her discretion consider the standards as optional goals for the design and construction of resurfacing, restoration and rehabilitation projects.
B. The standards shall apply to every new placement and every planned, non-emergency replacement of existing utility poles and other utility structures within the King County right-of-way.
C. Construction shall be performed in accordance with the standards and with due regard to public safety.
SECTION 5. Ordinance 8041, Section 5, as amended and K.C.C. 14.42.040 are hereby amended as follows:
A. Any land development ((which is required by operation of any county ordinance or adopted standard to improve roads within, abutting, or serving the development shall do so in accordance with these standards)) that impacts the service level, safety or operational efficiency of roads serving the land development or that is required by other ordinance to improve the roads shall improve those roads in accordance with these standards. Offsite roadway improvements shall be based on an assessment of the impacts of the proposed land development by the reviewing agency.
B. Any land development abutting and impacting existing roads shall improve the frontage of those roads in accordance with these standards. The extent of improvements shall be based on an assessment of the impacts of the proposed land development by the reviewing agency.
C. Any land development that contains internal roads shall construct or improve those roadways in accordance with these standards, unless otherwise specified in K.C.C. Title 21A.
D. For commercial developments, these standards shall apply unless otherwise determined by the development review engineer or as specified by K.C.C. Title 21A. These standards shall apply to commercial developments with public or dedicated rights-of-way or easements, unless otherwise determined by the development review engineer.
SECTION 6. Ordinance 8041, Section 6, as amended, and K.C.C. 14.42.050 are each hereby amended to read as follows:
The standards implement and are intended to be consistent with the references listed in Section ((1.04)) 1.06 of Attachment A to this ordinance, "King County Road Design and Construction Standards," ((1993)) 2007. Except where the standards provide otherwise, the design detail, construction workmanship and material shall be in accordance with the publications listed in Section 1.07 of Attachment A to this ordinance. The specifications and guidelines listed in Section 1.08 of Attachment A to this ordinance shall be applicable when pertinent, specifically cited in the standards, required as a development condition or when required by state or federal funding authority.
SECTION 7. Ordinance 8041, Section 7, and K.C.C. 14.42.060 are each hereby amended as follows:
((Variances from these standards may be granted by the engineer upon evidence that such variances are in the public interest, and that requirements for safety, function, fire protection, appearance, and maintainability based upon sound engineering judgment are fully met. Detailed procedures for requesting variances are contained in administrative rules available from the county road engineer. Variances must be approved prior to construction. Any variances from these standards which do not meet the Uniform Fire Code will require concurrence by the King County fire marshal. )) A. A road variance is required for any design or construction deviation from these standards. Detailed procedures for applicants requesting variances and appealing variance decisions are contained within a public rule that is available from the county road engineer or the reviewing agency.
B. Any variances from these standards may be granted by the county road engineer upon evidence that the variance is in the public interest and that requirements for safety, function, fire protection, transit needs, appearance and maintainability are fully met, based upon sound engineering and technical judgment.
C. Variance requests for subdivisions should be proposed at the preliminary plat stage and prior to any public hearing. All known variances must be approved prior to approval of the engineering plans for construction. It is the responsibility of the county road engineer to interpret the standards. Any anticipated variances from these standards that do not meet K.C.C. Title 17 shall also require concurrence by the fire marshal.
SECTION 8. K.C.C. 14.42.062 is hereby decodified.
SECTION 9. Ordinance 8041, Section 8, as amended, and K.C.C. 14.42.070 are each hereby amended as follows:
Failure to comply with these standards ((may result in)) may be cause for denial of plan or development permit approval, revocation of prior approvals, withholding and reductions of financial guarantees, withholding of final inspection approval, withholding of occupancy certificates, either temporary or permanent, legal action for forfeiture of any financial guarantee, code enforcement((, and/or) or other penalties as provided by law.
NEW SECTION. SECTION 9. There is hereby added to K.C.C chapter 14.42 a new section to read as follows:
At the discretion of the county road engineer or development review engineer, any significant errors or omissions in the approved plans or information used as a basis for the approvals may constitute grounds for withdrawal of the approvals or stoppage of any or all permitted work, or both. It shall be the responsibility of the applicant, developer or contractor to show cause why the work should continue and to make such changes in plans that may be required by the county road engineer or development review engineer before the plans are reapproved.
SECTION 10. K.C.C. 14.42.080 and K.C.C. 14.42.090 are each hereby decodified.
SECTION 11. Severability. If any part of these standards as adopted by ordinance are found invalid, all other parts remain in effect.
SECTION 12. Effective date. This ordinance takes effect thirty days after its enactment.
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official paper 10 days prior
Newspaper: SeattleTimes
Publishing: Wednesday, April 4, 2007
Public Hearing: May 7, 2007
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