Title 12
BRIDGES AND ROADS*
Chapters:
12.04 Standard Road and Bridge Construction Specifications
12.08 Highway Approaches
12.12 Road Names
12.16 Arterial Roads
12.20 Vacation of Roads
12.24 Utilities on Road Rights-of-Way
12.28 Monument Recovery
12.32 Closed or Restricted Roads
12.36 Load Restrictions on Bridges
12.48 Adopt-a-Road Litter Control Program
* Road department policy– See Chapter 2.52 of this code.
Chapter 12.04
STANDARD ROAD AND BRIDGE CONSTRUCTION SPECIFICATIONS*
Sections:
12.04.010 Adoption.
12.04.020 Utilization.
* For statutory provisions pertaining generally to standards, see RCW 36.86.
12.04.010 Adoption.
The current edition of the State of Washington Standard Specifications for Road and Bridge Construction, or any subsection edition, is adopted as the Mason County standards specifications for road and bridge construction.
(Res. 869 (part), 1978: Res. 231 (part), 1972: Res. 62 (part), 1969).
12.04.020 Utilization.
The county engineer is authorized and directed to utilize these standard specifications, with such amendments, modifications and special provisions as may be required to adapt to special conditions, in the preparation of contracts for road construction in the county.
(Res. 869 (part), 1978: Res. 231 (part), 1972: Res. 62 (part), 1969).
Chapter 12.08 Sections:
12.08.010 Regulations adopted– Scope– Conformance required.
12.08.020 Permit required– Bond or cash deposit required.
12.08.030 Responsibility for cost.
12.08.040 Construction– Requirements.
12.08.050 Construction– Improper.
12.08.060 Construction– By county– Charges.
12.08.070 Maintenance.
12.08.080 Exceptions.
* For statutory provisions authorizing the board of commissioners to adopt standards for accesses, see RCW 36.75.140.
12.08.010 Regulations adopted– Scope– Conformance required.
The following rules and regulations for the location and construction of approaches to county roads in Mason County are adopted on December 24, 1973. The amended regulations shall supersede all prior regulations and practices in Mason County and shall govern all approaches, including but not necessarily limited to driveways and private access roads, not approved by the board prior to the date hereof.
The construction of all approaches to county roads in Mason County, Washington, shall comply with these regulations and with RCW Sections 36.75.130, 36.75.140 and 36.75.150.
The county may limit the number, width, location and configuration of driveway(s) to provide access to any property, as may be necessary in the public interest for reasons of safety.
(Res. (part), dated December 26, 1973: Res. (part), dated December 21, 1970).
12.08.020 Permit required– Bond or cash deposit required.
No new approach to any county road shall be constructed and no alteration shall be effected on any existing approach to a county road unless and until the person benefitted by or desiring such approach shall have been issued a permit by the Mason County engineer on a form which will be provided; except that the county may alter or improve any existing approach to a county road when such alteration or improvement is necessary to the proper maintenance of the county road.
A bond (or cash deposit) may be required in an amount to be determined by the engineer. Such bond (or cash deposit) shall accompany each application, whether the work is to be done by the applicant or by the county (see Section 12.08.060), and will be retained until the work is approved by the engineer.
(§ 1 of Res. dated December 26, 1973: § 1 of Res. dated December 21, 1970).
12.08.030 Responsibility for cost.
All costs of construction of approaches to any county road shall be at the expense of the person benefitted by or desiring such approach and all work shall be done in accordance with specific requirements stipulated by the board and issued by the Mason County road department.
(§ 2 of Res. dated December 26, 1973: § 2 of Res. dated December 21, 1970).
12.08.040 Construction– Requirements.
General features of construction shall be as follows:
(a) The approach shall cause no interruption of or interference with roadway drainage. Culverts where required shall be twelve inches in diameter or larger as may be required for passage of normal storm drainage. Culvert pipe shall be laid true to line and grade and minimum cover shall be six inches. Size, location, distance from shoulder of roadway and elevation of culvert pipe shall be as determined by the county engineer.
(b) No approach shall be less than fifteen feet in width out to a point five feet from the shoulder of the county road, and no approach culvert shall be less than twenty feet in length.
(c) The grade of the approach shall slope down from the shoulder of the road at a rate not less than three-eighths inch per foot and not more than one inch per foot for a distance of five feet from the roadway shoulder. The approach shall be so constructed that no water from the approach will drain onto the roadway.
(d) The general grade of the approach shall be the most favorable to permit safe ingress and egress to and from the roadway consistent with local conditions of grade and terrain.
(e) Approaches shall be surfaced with a material which will not spill, wash, track or otherwise come onto the roadway to an extent which will interfere with normal traffic thereon. (Suitable gravel surfacing is acceptable.)
(§ 3 of Res. dated December 26, 1973: § 3 of Res. dated December 21, 1970).
12.08.050 Construction– Improper.
Approaches improperly constructed shall be corrected at the expense of the person benefitted by or desiring the approach.
(§ 4 of Res. dated December 26, 1973: § 4 of Res. dated December 21, 1970).
12.08.060 Construction– By county– Charges.
At the option of the applicant for an approach to a county road, the Mason County road department will, at the expense of the applicant, construct approaches out to the limit of the county right-of-way. At the time of application for permit, the applicant shall deposit with the Mason County road department a sum to be determined by the county engineer. Costs will be charged as follows:
(1) Twelve inch diameter culvert and fill across normal roadway ditch only, seven dollars and fifty cents per linear foot of pipe; special surfacing not included;
(2) Larger pipe, special appurtenances and significant excavation or embankment beyond normal roadway ditch, actual payroll, equipment, and material costs plus normal fringe benefits, handling charges and overhead.
Construction by the county will be at the convenience of the county, with due consideration for urgency of the applicant's need.
When mutually agreeable, between the owner and the county, a paved valley may be constructed in lieu of the culverts as required herein.
(§ 5 of Res. dated December 26, 1973: § 5 of Res. dated December 21, 1970).
12.08.070 Maintenance.
The maintenance of approaches outside the roadway limits of the county road is the responsibility of the person whose property is served by the approach.
Clearing of snow from approaches is the responsibility of the property owner.
(§ 6 of Res. dated December 26, 1973: § 6 of Res. dated December 21, 1970).
12.08.080 Expectations.
Where the board finds that extraordinary hardship will result from strict compliance with all details of construction enumerated herein, it may permit deviations therefrom in a manner not to the detriment of the county road and traffic thereon.
Nothing in these regulations shall be construed to prohibit the county from building approaches to replace existing approaches during reconstruction or major maintenance of any county road, or providing necessary access to property adjacent to roads constructed on new alignment. The construction of approaches on new construction shall be as agreed by the county and the property owner at the time right-of-way is secured for the improvement.
(§ 7 of Res. dated December 26, 1973: § 7 of Res. dated December 21, 1970).
Chapter 12.12 Sections:
12.12.010 Name charge– Hearing.
12.12.010 Name change– Hearing.
Whenever it becomes necessary to change the name of any county road, a public hearing shall be called so that any interested person may appear at the hearing to voice their opinion on the change to be made. The public hearing shall be advertised one time prior to the hearing date, in the county's legal newspaper, the Shelton-Mason County Journal.
(Res. dated November 7, 1967).
Chapter 12.16 Sections:
12.16.010 Designation– Stop before entering– Stop signs.
12.16.020 Primary arterials.
12.16.030 Secondary arterials.
12.16.010 Designation– Stop before entering– Stop signs.
(a) The following county roads in Sections 12.16.020 and 12.16.030 are designated as primary arterials or secondary arterials as indicated on an official Mason County road map dated March 16, 1970, and it shall be the duty of all persons driving or operating vehicles on the intersecting county roads to bring such vehicles to a complete stop at and before entering or crossing such hereinafter described arterial roads, unless hereinafter otherwise stated.
(b) The county road engineer is hereby directed and authorized to cause to be posted and maintained on all county roads intersecting the herein designated arterial roads and on the county arterial roads that are designated as "stop" arterials, and at other county road intersections deemed necessary by the county engineer, stop signs which conform to the Washington State Highway Department Manual on signs.
(Ord. (part) dated April 13, 1970).
12.16.020 Primary arterials.
The following roads of Mason County are designated as primary arterials:
(1) Highland Road. County Road No. 04450. From junction with Shelton-Matlock Road, County Road No. 90100, in Section 18, Township 20 North, Range 4 West, W.M.; thence southerly to junction with Cloquallum Road, County Road No. 10000, in Section 15, Township 20 North, Range 4 West, W.M.; length, 7.93 miles.
(2) Cloquallum Road. County Road No. 10000. From southwestern Shelton city limits at milepost 1.28 in Section 30, Township 20 North, Range 3 West, W.M.; thence westerly to junction with Satsop-Cloquallum Road, County Road No. 02000, in Section 17, Township 19 North, Range 5 West, W.M.; length, 14.07 miles.
(3) Craig Road. County Road No. 12080. From junction with SR 3 in Section 32, Township 20 North, Range 3 West, W.M., thence westerly to junction with Cole Road, County Road No. 15830, in Section 32, Township 20 North, Range 3 West, W.M.; length, 0.14 miles.
(4) Lynch Road. County Road No. 15500. From junction with SR 101 in Section 8, Township 19 North, Range 3 West, W.M.; thence northeasterly to junction with Arcadia Road, County Road No. 91100, in Section 29, Township 20 North, Range 2 West, W.M.; length, 8.42.
(5) Cole Road. County Road No. 15830. From junction with Lynch Road, County Road No. 15500, in Section 3, Township 19 North, Range 3 West, W.M.; thence northwesterly to junction with Craig Road, County Road No. 12080, in Section 32, Township 20 North, Range 3 West, W.M.; length, 3.26 miles.
(6) Agate Road. County Road No. 23910. From junction with SR 3 in Section 36, Township 21 North, Range 3 West, W.M.; thence southerly and easterly to junction of Timberlake Drive, County Road No. 25370, in Section 18, Township 20 North, Range 2 West, W.M.; length, 5.38 miles.
(7) Pickering Road. County Road No. 28850. From junction with SR 3 in Section 29, Township 21 North, Range 2 West, W.M.; thence southeasterly to intersection of Harstine Bridge Road in Section 4, Township 21 North, Range 2 West, W.M.; length, 3.31 miles.
(8) Harstine Bridge Road. County Road No. 30000. From junction with Pickering Road, County Road No. 28850, in Section 4, Township 21 North, Range 2 West, W.M.; thence easterly to junction of North Island Drive, County Road No. 39630, and South Island Drive, County Road No. 35230, in Section 9, Township 21 North, Range 2 West, W.M.; length, 0.60 miles.
(9) North Island Drive. County Road No. 39630. From junction with Harstine Bridge Road, County Road No. 30000, and South Island Drive, County Road No. 35230, in Section 9, Township 21 North, Range 2 West, W.M.; thence northeasterly to junction with Harstine Island North Road, County Road No. 39190, in Section 26, Township 21 North, Range 2 West, W.M.; length, 3.09 miles.
(10) Purdy Cut-Off Road. County Road No. 41780. From junction with SR 101 in Section 22, Township 21 North, Range 4 West, W.M.; thence northeasterly with junction of SR 106 in Section 12, Township 21 North, Range 4 West, W.M.; length, 2.77 miles.
(11) McEwan Prairie Road. County Road No. 51800. From junction with Mason Lake Road, County Road No. 52210, in Section 34, Township 20 North, Range 3 West, W.M.; thence westerly to junction with Brockdale Road, County Road No. 90090, in Section 6, Township 20 North, Range 3 West, W.M.; length, 2.45 miles.
(12) Mason Lake Road. County Road No. 52210. From junction with SR 3 in Section 3, Township 20 North, Range 3 West, W.M.; thence northwesterly and northeasterly to junction with Mason-Benson Road, County Road No. 63010, and Trails Road, County Road No. 62310, in Section 4, Township 21 North, Range 2 West, W.M.; length, 10.14 miles.
(13) Trails Road. County Road No. 62310. From junction with SR 106 in Section 14, Township 22 North, Range 2 West, W.M.; thence southerly to junction of Mason Lake Road, County Road No. 52210, and Mason-Benson Road, County Road No. 63010, in Section 4, Township 21 North, Range 2 West, W.M.; length, 4.37 miles.
(14) Mason-Benson Road. County Road No. 63010. From junction with SR 3 in Section 15, Township 21 North, Range 2 West, W.M., thence northerly to junction with Mason Lake Drive East, County Road No. 60830, in Section 4, Township 21 North, Range 2 West, W.M.; length, 3.13 miles.
(15) Bear Creek-Dewatto Road. County Road No. 79800. From the junction with Elfendahl Pass Road, County Road No. 80610, at milepost 5.09 in Section 1, Township 23 North, Range 2 West, W.M.; thence westerly to the junction with Old Belfair Highway, County Road No. 98250, in Section 9, Township 23 North, Range I West, W.M.; length, 5.34 in miles.
(16) Sand Hill Road. County Road No. 86070. From junction with SR 300 in Section 30, Township 23 North, Range 1 West, W.M., thence northerly to junction with Bear Creek-Dewatto Road, County Road No. 79800, in Section 5, Township 23 North, Range 1 West, W.M.; length, 5.82 miles.
(17) Brockdale Road. County Road No. 90090. From northern Shelton city limits at milepost 1.98 in Section 6, Township 20 North, Range 3 West, W.M.; thence northerly to junction with McReavy Road, County Road No. 97670, in Section 30, Township 21 North, Range 3 West, W.M.; length, 2.83 miles.
(18) Shelton-Matlock-Brady Road. County Road No. 90100. From western Shelton city limits at milepost 0.91 in Section 24, Township 20 North, Range 4 West, W.M.; thence westerly and southerly to south Mason/Grays Harbor County line in Section 31, Township 19 North, Range 6 West, W.M.; length, 28.79 miles.
(19) Arcadia Road. County Road No. 91100. From junction with SR 3, eastern Shelton city limits, in Section 29, Township 20 North, Range 3 West, W.M.; thence easterly to junction with Lynch Road, County Road No. 15500, in Section 29, Township 20 North, Range 2 West, W.M.; length, 7.07 miles.
(20) Johns Prairie Road. County Road No. 91720. From eastern Shelton city limits at milepost 0.28 in Section 7, Township 20 North, Range 3 West, W.M.; thence northeasterly and easterly to junction with SR 3 in Section 3, Township 20 North, Range 3 West, W.M.; length, 3.73 miles.
(21) Grapeview Loop Road. County Road No. 96140. From junction with SR 3 in Section 10, Township 21 North, Range 2 West, W.M.; thence northerly to second junction with SR 3 in Section 29, Township 22 North, Range 1 West, W.M.; length, 8.08 miles.
(22) Belfair-Tahuya Road. County Road No. 97500. From the junction with North Shore Road, County Road No. 70390, at milepost 10.60 in Section 22, Township 22 North, Range 3 West, W.M.; thence northerly and easterly to the junction with the end of SR 300 and Beck Rd., County Road No. 83500 in Section 1, Township 22 North, Range 2 West, W.M.; length 12.19 miles.
(23) McReavy Road. County Road No. 97670. From junction with SR 106 in Section 32, Township 22 North, Range 3 West, W.M.; thence southerly to junction with Brockdale Road, County Road No. 90090, in Section 30, Township 21 North, Range 3 West, W.M.; length, 6.81 miles.
(24) Old Belfair Highway. County Road No. 98250. From Junction of SR 300 and Clifton Lane, County Road No. 86750, in Section 29, Township 23 North, Range 1 West, W.M.; thence northerly to Mason/Kitsap County line in Section 9, Township 23 North, Range 1 West, W.M.; length, 3.89 miles.
(Ord. 135-98 (part), 1998: Ord. (part) dated April 13, 1970).
12.16.030 Secondary arterials.
The following roads of Mason County are designated as secondary arterials:
(1) West Boundary Road. County Road No. 00110. From junction with Matlock-Brady Road, County Road No. 90100, in Section 19, Township 19 North, Range 6 West, W.M.; thence northwesterly to Mason/Grays Harbor County line in Section 7, Township 19 North, Range 6 West, W.M.; length, 2.31 miles.
(2) Deckerville Road. County Road No. 00800. From junction with Shelton-Matlock-Brady Road, County Road No. 90100, in Section 10, Township 20 North, Range 6 West, W.M.; thence westerly to the Mason/Grays Harbor County line in Section 7, Township 20 North, Range 6 West, W.M.; length, 3.79 miles.
(3) Satsop-Cloquallum Road. County Road No. 02000. From junction with Cloquallum Road, County Road No. 10000, in Section 16, Township 19 North, Range 5 West, W.M.; thence westerly to the junction with Satsop Road East, County Road No. 02020, and Schafer Park Road, County Road No. 02070, in Section 32, Township 19 North, Range 6 West, W.M.; length, 8.21 miles.
(4) Satsop Road East. County Road No. 02020. From the Mason/Grays Harbor County line at milepost 6.70 in Section 31, Township 19 North, Range 6 West, W.M.; thence northeasterly to junction of Satsop-Cloquallum Road, County Road No. 02000, and Schafer Park Road, County Road No. 02070, in Section 32, Township 19 North, Range 6 West, W.M.; length, 1.11 miles.
(5) Schafer Park Road. County Road No. 02070. From junction with Matlock-Brady Road, County Road No. 90100, in Section 31, Township 19 North, Range 6 West, W.M.; thence westerly to junction of Satsop-Cloquallum Road, County Road No. 02000, and Satsop Road East, County Road No. 02020, in Section 32, Township 19 North, Range 6 West, W.M.; length, 1.48 miles.
(6) Shelton Valley Road. County Road No. 05930. From junction with Shelton-Matlock Road, County Road No. 90100, in Section 24, Township 20 North, Range 4 West, W.M.; thence southerly to junction with the Cloquallum Road, County Road No. 10000, in Section 2, Township 20 North, Range 4 West, W.M.; length, 3.85 miles.
(7) Dayton Airport Road. County Road No. 09900. From junction with Shelton-Matlock Road, County Road No. 90100, in Section 17, Township 20 North, Range 4 West, W.M.; thence northeasterly 1.78 miles to change of road ownership where the road continues as SR 102 in Section 8, Township 20 North, Range 4 West, W.M.; length, 1.78 miles.
(8) Cloquallum Road. County Road No. 10000. From junction with Satsop-Cloquallum Road, County Road No. 02000, at milepost 14.07 in Section 16, Township 19 North, Range 5 West, W.M.; thence southerly to Mason/Grays Harbor County line in Section 36, Township 19 North, Range 6 West, W.M.; length, 4.85 miles.
(9) Old Olympic Highway. County Road No. 14010. From junction with SR 101 in Section 18, Township 19 North, Range 3 West, W.M.; thence southeasterly to milepost 0.55 where Old Olympic Highway becomes a local access road in Section 20, Township 19 North, Range 3 West, W.M.; length, 0.55 miles.
(10) Kamilche Point Rd. County Road No. 14880. From junction with Old Olympic Highway, County Road No. 14010, in Section 20, Township 19 North, Range 3 West, W.M.; thence northwesterly and westerly to 90 degree turn north at which point Kamilche Point Road becomes a local access road in Section 11, Township 19 North, Range 3 West, W.M.; length, 4.0 miles.
(11) Crestview Drive. County Road No. 20900. From junction with Agate Road, County Road No. 23910, in Section 14, Township 20 North, Range 3 West, W.M.; thence westerly to junction with Parkway Boulevard, County Road No. 20110, in Section 16, Township 20 North, Range 3 West, W.M.; length, 2.27 miles.
(12) Agate Road. County Road No. 23910. From junction with Timberlake Drive, County Road No. 25370, in Section 18, Township 20 North, Range 2 West, W.M.; thence westerly to transition with Pickering Road, County Road No. 28850, in Section 17, Township 20 North, Range 2 West, W.M.; length, 1.28 miles.
(13) Pickering Road. County Road No. 28850. From junction with Harstine Island Bridge Road, County Road No. 30000, in Section 4, Township 21 North, Range 2 West, W.M., thence southerly to transition to Agate Road, County Road No. 23910, in Section 17, Township 20 North, Range 2 West, W.M., length, 2.95 miles.
(14) Harstine Island South Road. County Road No. 31110. From junction with South Island Drive, County Road No. 35230, in Section 11, Township 20 North, Range 2 West, W.M.; thence southerly, westerly, and again southerly to junction with Camas Drive, County Road No. 30380, in Section 1, Township 19 North, Range 2 West, W.M.; length, 5.08 miles.
(15) South Island Drive. County Road No. 35230. From junction of Harstine Bridge Road, County Road No. 30000, and North Island Drive, County Road No. 39630, in Section 9, Township 21 North, Range 2 West, W.M.; thence southerly and northwesterly to junction of Harstine Island North Road, County Road No. 39190, and Harstine Island South Road, County Road No. 31110, in Section 11, Township 20 North, Range 2 West, W.M.; length, 3.30 miles.
(16) Harstine Island North Road. County Road No. 39190. From junction of South Island Drive, County Road No. 35230, and Harstine Island South Road, County Road No. 31110, in Section 11, Township 20 North, Range 2 West, W.M.; thence northerly to junction with North Island Drive, County Road No. 39630, in Section 26, Township 21 North, Range 2 West, W.M.; length, 3.35.
(17) Skokomish Valley Road. County Road No. 41640. From junction of SR 101 in Section 22, Township 21 North, Range 4 West, W.M.; thence westerly, northerly, and westerly again, to milepost 5.65 where Skokomish Valley Road becomes a local access road in Section 18, Township 21 North, Range 4 West, W.M.; length, 5.65 miles.
(18) Brockdale Road. County Road No. 50090. From junction of McReavy Road, County Road No. 97670, and Brockdale Road, County Road No. 90090, at milepost 4.81 in Section 30, Township 21 North, Range 3 West, W.M.; thence westerly to junction with SR 101 in Section 26, Township 21 North, Range 4 West, W.M., length, 1.46 miles.
(19) Shelton Springs Road. County Road No. 50810. From junction with SR 101 in Section 1, Township 20 North, Range 4 West, W.M.; thence southeasterly to Shelton city limits in Section 7, Township 20 North, Range 3 West, W.M.; length, 1.78 miles.
(20) Island Lake Road. County Road No. 51200. From junction with Shelton Springs Road, County Road No. 50810, in Section 12, Township 20 North, Range 4 West, W.M.; thence northwesterly to junction with Island Lake Drive, County Road No. 51300, in Section 1, Township 20 North, Range 4 West, W.M., length, 0.53 miles.
(21) Island Lake Drive. County Road No. 51300. From junction of Brockdale Road, County Road No. 90090, in Section 6, Township 20 North, Range 3 West, W.M., thence westerly to Island Lake Road, County Road No. 51200, and looping northward back upon itself to intersection at milepost 0.58, in Section 6, Township 20 North, Range 3 West, W.M.; length, 2.78 miles.
(22) Mason Lake Drive West. County Road No. 60310. From junction with Trails Road, County Road No. 62310, in Section 34, Township 22 North, Range 2 West, W.M.; thence southwesterly to junction with Mason Lake Road, County Road No. 52210, in Section 18, Township 21 North, Range 2 West, W.M.; length, 6.63 miles.
(23) North Bay Road. County Road No. 68360. From junction with SR 3 in Section 20, Township 22 North, Range 1 West, W.M., thence northerly to junction with SR 302 in Section 9, Township 22 North, Range 1 West, W.M.; length, 1.98 miles.
(24) North Shore Road. County Road No. 70390. From junction with Belfair-Tahuya Road, County Road No. 97500, in Section 1, Township 22 North, Range 2 West, W.M.; thence westerly and northerly to junction with Dewatto Road, County Road No. 76080, in Section 28, Township 23 North, Range 3 West, W.M.; length 22.61 miles.
(25) Tahuya Blacksmith Road. County Road No. 70670. From junction with Bear Creek-Dewatto Road, County Road No. 79800, in Section 4, Township 23 North, Range 2 West, W.M.; thence southerly to junction with Belfair-Tahuya Road, County Road No. 97500, in Section 36, Township 23 North, Range 2 West, W.M.; length, 7.95 miles.
(26) Dewatto Road. County Road No. 76080. From junction with Belfair-Tahuya Road, County Road No. 97500, in Section 2, Township 22 North, Range 2 West, W.M.; thence westerly to junction with Dewatto-Holly Road, County Road No. 76690, in Section 28, Township 23 North, Range 3 West, W.M.; length, 3.73 miles.
(27) Dewatto-Holly Road. County Road No. 76690. From junction with Dewatto Road, County Road No. 76080, in Section 28, Township 23 North, Range 3 West, W.M.; thence northeasterly to Mason/Kitsap County line and junction with Bear Creek-Dewatto Road, County Road No. 79800, in Section 6, Township 23 North, Range 2 West, W.M.; length, 7.50 miles.
(28) Bear Creek-Dewatto Road. County Road No. 79800. From junction with Dewatto-Holly Road, County Road No. 76690, in Section 28, Township 23 North, Range 3 West, W.M.; thence westerly to junction with Elfendahl Pass Road, County Road No. 80610, in Section 1, Township 23 North, Range 2 west, W.M.; length, 5.09 miles.
(29) Elfendahl Pass Road. County Road No. 80610. From junction with North Shore Road, County Road No. 70390, in Section 10, Township 22 North, Range 2 West, W.M.; thence northerly to Bear Creek-Dewatto Road, County Road No. 79800, in Section 1, Township 23 North, Range 2 West, W.M.; length, 7.94 miles.
(Ord. 135-98 (part), 1998: Ord. (part) dated April 13, 1970).
Chapter 12.20 Sections:
12.20.010 Authority.
12.20.020 Administration.
12.20.030 Public hearing.
12.20.040 Classification of roads.
12.20.050 Compensation.
12.20.060 Compensation rate.
12.20.070 Manner of payment.
12.20.080 Deposit.
12.20.090 Appraisal– Determination of value.
12.20.100 Appraisal– Officer.
12.20.010 Authority.
County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of compensation from the person or persons benefiting from the vacation.
(Ord. 62-07 (part), 2007).
12.20.020 Administration.
The county engineer shall administer the road vacation process in accordance with RCW 36.87 and this chapter of the Mason County Code. The county engineer shall maintain and archive all records related to road vacations.
(Ord. 62-07 (part), 2007).
12.20.030 Public hearing.
In accordance with RCW 36.07.060(2), road vacation public hearings shall generally be held by the Mason County hearing examiner who shall consider the report of the county engineer, take testimony and evidence, prepare a record of the proceedings, and present a recommendation to the Mason County board of county commissioners. The board of county commissioners may hold any road vacation public hearing when deemed appropriate by the board.
(Ord. 62-07 (part), 2007).
12.20.040 Classification of roads.
For the purpose of vacating county roads, all roads shall be classified as follows:
(1) Class A. All roads for which the right-of-way is an easement;
(2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid the full fair market value of the fee simple estate.
(Ord. 62-07 (part), 2007).
12.20.050 Compensation.
Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to compensate the county prior to the vacation. The compensation shall include, but not be limited to, the appraised, fair market value of the county's fee simple interest in the vacated road as of the effective date of the vacation, and the costs of any and all appraisals deemed necessary by board of county commissioners the hearing examiner or the board of county commissioners, together with any and all administrative costs incurred by the county in vacating the road. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. Such compensation must be paid to Mason County within six months of the date the vacation was approved by the Mason County commissioners or the vacation shall be null and void.
(Ord. 62-07 (part), 2007).
12.20.060 Compensation rate.
(a) The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in the following schedule:
(1) Class A Roads. No compensation other than for the administrative costs of the vacation action;
(2) Class B Roads. One hundred percent of the appraised, fair market value.
(Ord. 62-07 (part), 2007).
12.20.070 Manner of payment.
Payment shall be made to the Mason County treasurer and may be credited to the county road fund in those cases where the right-of-way was obtained through the use of county road funds and where administrative costs have been charged to the road fund, and in all other cases, shall be credited to the county current expense fund.
(Ord. 62-07 (part), 2007).
12.20.080 Deposit.
Each petition for vacation of a road shall be accompanied by a bond or cash deposit of a minimum of five hundred dollars, which shall be used to defray examination, report, publication, investigation and other costs connected with the application. When deemed necessary by the county engineer, an additional deposit amount may be required to cover appraisal or other costs. Board of county commissioners for any petition, whether granted or denied, for which the deposit exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any petition, whether granted or denied, for which the costs exceeds the deposit, the excess shall be billed to the petitioner and be due and payable immediately.
(Ord. 62-07 (part), 2007).
12.20.090 Appraisal– Determination of value.
In the case of Class B, fee simple right-of-way, the appraised value of the vacated road shall be the true and fair market value of the parcel of land vacated, as determined by the county assessor at the time of vacation. The appraisal shall be prepared prior to the public hearing and shall be cited in the county engineer's report.
(Ord. 62-07 (part), 2007).
12.20.100 Appraisal– Officer.
Appraisals shall be made by the county assessor.
(Ord. 62-07 (part), 2007).
Chapter 12.24 Sections:
12.24.010 Purpose.
12.24.020 Applicability.
12.24.030 Definitions.
12.24.035 Franchise/master road use permit/private line utility occupancy permit required.
12.24.040 Standards adopted.
12.24.050 General requirements.
12.24.060 Permits.
12.24.070 Protection of county and residents.
12.24.080 Transfer/change of control.
12.24.090 Remedies/violation/penalties.
12.24.010 Purpose.
The purpose of this chapter is to establish a county policy governing management of the road rights-of-way through requirements and standards for the construction, installation, repair, maintenance, removal, replacement, adjustment and relocation of all above and below ground utility facilities that are located within the county road right-of-way. The goal of this policy and the requirements and standards is to protect and advance the public health, safety, and welfare by:
(1) Establishing clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the use of public rights-of-way;
(2) Minimizing unnecessary local regulation of operators and services;
(3) Permitting and managing reasonable access to the road rights-of-way of the county on a competitively neutral basis;
(4) Assuring that the county's current and ongoing costs of granting and regulating access to and use of the road rights-of-way are fully paid for by the persons seeking such access and causing such costs;
(5) Assuring that all persons using the road rights-of-way comply with the ordinances, rules, regulations, policies, and procedures of the county;
(6) Ensuring the ability of the county to obtain sufficient information from persons subject to its jurisdiction to enable effective decisions regarding their access to county road rights-of-way and effective management of activity in the rights-of-way;
(7) Providing for the grant of a franchise to govern use of and activities within the public rights-of-way;
(8) Providing for the issuance of a master road use permit to govern the activities of exempt operators within the public rights-of-way; and
(9) Providing for the issuance of private line utility occupancy permits to govern activities of operators of private lines serving single-family residences.
This chapter shall replace and supersede Ordinance 3-93 adopted by the board of county commissioners' action on January 5, 1993.
(Ord. 115-06 § 1 (part), 2006).
12.24.020 Applicability.
The requirements and policies set forth in this chapter shall apply to all new franchises, master road use permits, private line utility occupancy permits, and utility permits issued by the county pursuant its police powers and its authority granted in RCW 80.32.010, RCW 80.36.040, and Ch. 36.55 RCW, and to all construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities within the county road right-of-way by public and private operators, including, but not limited to, electric power, telephone, television, cable, telegraph, communication, information, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines, or cables.
This chapter 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 requirements of this chapter are intended to assist, but not be a substitute for, competent work by both road and utility design and installation professionals. This chapter should not be construed 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 operator installing or relocating any of its facilities to ascertain and abide by the requirements and conditions of this chapter.
(Ord. 115-06 § 1 (part), 2006).
12.24.030 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, words in the singular number include the plural number, and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this title shall be construed consistent with their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.
If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances, rules, or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations, now in force or hereinafter enacted or amended or re-codified.
"Abandon" or "abandonment" means and refers to an intent by the owner or operator to cease or surrender use for the intended purpose.
"Administrative regulations" means regulations adopted and amended from time to time by the county engineer that implement, supplement, or interpret Chapter 12.04 of this code.
"Appurtenance" means equipment and/or accessories which are a necessary part of an operating utility system or subsystem or private lines.
"Backfill" means replacement of excavated material with suitable material compacted as specified.
"Boring" means grade and alignment-controlled mechanical or other method of installing a pipe or casing under a road without disturbing the surrounding medium.
"Carrier" means pipe directly enclosing a transmitted fluid or gas.
"Casing" means 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" means protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion and/or corrosion damage.
"Conduit" means an enclosed tubular runway for protecting wires or cables.
"Cover" means depth to top of pipe, conduit, casing, or gallery below the grade of a road or ditch.
"Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.
"Encasement" means a structural element surrounding a pipe or conduit for the purpose of preventing future physical damage to the pipe or conduit.
"Exempt operator" or "exempt," or any derivations thereof, shall, unless the context clearly indicates otherwise, means any operator that has a continuing and lawfully vested right to occupy the Mason County road rights-of-way to provide a particular service or services and may not lawfully be required to obtain consent from the county to occupy or continue to occupy the road rights-of-way to provide such service or services.
"Franchise" means the authorization granted by the county for non-exclusive use and occupancy of road rights-of-way in accordance with Chapters 36.55 and 80.32 RCW to provide a specific service within the franchise area. Such franchise shall not include or be a substitute for:
(1) Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, utility permits; or
(2) Any permits or agreements for occupying any other property of the county or private entities to which access is not specifically granted by the franchise.
"Franchise area" means the area of the county that an operator is authorized to serve by the terms of its franchise or by operation of law.
"Gallery" means an underpass for two or more utility lines.
"Manhole" means an opening in an underground utility system or private lines into which workers or others may enter for the purpose of making installations, inspections, repairs, connections, cleaning, and testing.
"Master road use permit" means the authorization granted by the county engineer to an exempt operator of a utility system, giving the operator permission to enter upon and use specified road rights-of-way for the purpose of installing, maintaining, repairing, relocating, or removing identified utility facilities to provide service. Such master road use permit shall not include or be a substitute for:
(1) Any permit, agreement, or authorization required in connection with operations on or in specific parts of the public roads or property, including by way of example and not limitation, utility permits; or
(2) Any permits or agreements for occupying any property of the county other than road rights-of-way or property of private entities to which access is not specifically granted by the master road use permit including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the county or a private entity.
"Normal maintenance" means maintenance that is required to be performed in the normal course of utility operations due to ordinary wear and tear; provided that, normal maintenance shall not include work requiring the disturbance of the soil or improvements in the road right-of-way, or work when a traffic control plan would be required pursuant to the Federal Highway Administration's Manual on Uniform Traffic Control as modified and adopted by the Washington State Department of Transportation.
"Operator" means and refers to a person (a) who provides service over a utility system or private line(s) and directly or through one or more affiliates owns a significant interest in such utility system or private lines; or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a utility system or private line(s).
"Pavement" means the combination of sub-base, base course, and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.
"Person" means and includes any individual, corporation, partnership, association, joint stock company, limited liability company, political subdivision, public corporation, taxing districts, trust, or any other legal entity, but not the county or any person under contract with the county.
"Pipe" means a structural tubular product designed, tested, and produced for the transmittance of specific liquids and gases under specific conditions.
"Plowing" means 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" means internal gauge pressure in a pipe in pounds per square inch, gauge (psig).
"Private lines" means privately owned, operated, and maintained utility facilities devoted exclusively to the use of the owner or operator.
"Relocation" means planned change of location of an existing utility facility to a more advantageous place without changing the character or general physical nature of the utility facility.
"Replacement" means installation of a like element of a utility system or subsystem or private line in the same or near-same physical location normally due to damage, wear, or obsolescence of the element.
"Restoration" means 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" is 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" is a general term denoting a street, road, or other public way, including shoulders, designated for the purpose of vehicular traffic and located within the geographical and jurisdictional limits of Mason County.
"Sleeve" means a short casing through a pier, wall, or abutment of a highway structure.
"Traffic control" means 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.
"Transfer" means any transaction in which all or a portion of the utility system or private lines are sold or assigned (except a sale or assignment that results in removal of a particular portion of the facility from the public rights-of-way); or the rights and/or obligations held by the operator under the franchise or master street use permit are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another party. A transfer of control of an operator shall not constitute a transfer as long as the same person continues to hold the franchise or master street use permit both before and after the transfer of control.
"Trenched" means installation of a utility facility in an open excavation.
"Untrenched" means installation of a utility facility without breaking the ground or pavement surface such as by jacking or boring.
"Utility facility" means any part or all of the facilities and appurtenances of an operator whether underground or overhead and located within the road right-of-way including but not limited to, conduit, case, pipe, line, fiber, equipment, equipment cabinets and shelters, generators, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, and foundations.
"Utility permit" means a document issued under the authority of the Mason County engineer (or public works director) that provides specific requirements and conditions for specific utility facility installation, repair, maintenance, or relocation work at specific locations within the right-of-way.
"Utility system" means utility facilities that together are used to provide service to the general public.
"Vent" means appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Ord. 115-06 § 1 (part), 2006).
12.24.035 Franchise/master road use permit/private line utility occupancy permit required.
(a) Franchise Required.
(1) No person may occupy the road rights-of-way without first having obtained, in full force and effect, a valid franchise issued by the county board of commissioners, except as follows:
(A) Franchises will not be required for private lines that have a de minimis impact upon the road right-of-way; provided that, the operator has and maintains in full force and effect, a private line utility occupancy permit. The following are examples of private lines which would ordinarily have a de minimis impact upon or use of the road right-of-way:
(i) Private line serving one single-family residence;
(ii) A private line utility system with a single road right-of-way crossing of two hundred fifty feet or less; and
(iii) A private line utility system with a single longitudinal use of the road right-of-way of five hundred feet or less.
(B) Franchises will not be required for any work on road rights-of-way that is performed by or on behalf of the county or by any entity under contract with the county to perform such work.
(C) Franchises will not be required for exempt operator utility facilities as provided herein; provided that, the operator has and maintains in full force and effect a master road use permit.
(2) No franchise granted hereunder shall confer any exclusive right, grant, privilege, or franchise to occupy or use the rights-of-way for delivery of services or any other purposes.
(b) Master Road Use Permit.
(1) In lieu of a franchise, an exempt operator shall obtain and have in full force and effect a valid master road use permit issued by the county engineer. The authorization granted shall be conditioned upon the operator's compliance with the terms and conditions of this chapter and the master road use permit. Every master road use permit shall include, or be read to include, as if stated therein, a reservation of rights by the county to require the operator to obtain a franchise as to those utility facilities or uses for which the exemption is inapplicable or to which the exemption is otherwise determined by a court of law not to be applicable. Further, the county does not, by issuance of a master road use permit, waive its rights in the future to require the operator to obtain a franchise. No master road use permit shall become effective until approved by the county engineer and accepted by the exempt operator.
(2) A master road use permit does not convey title, equitable or legal, in the road rights-of-way nor is it an authorization to operate utility facilities located within the road rights-of-way. The master road use permit is intended to implement the right-of-way management policies of this chapter and to protect the road rights-of-way through regulations governing the construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities.
(c) Private Line Utility Occupancy Permit. In lieu of a franchise, an operator using the road right-of-way for a private line serving a single-family residence may apply for a private line utility occupancy permit. The private line utility occupancy permit is intended to implement the right-of-way management policies of this chapter and to protect the road rights-of-way through regulations governing the construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of private line utility facilities.
(d) Application. Every application for a new franchise, master road use permit, or private line utility occupancy permit, or for an amendment to a franchise, master road use permit, or private line utility occupancy permit, or for a transfer of a franchise, master road use permit, or private line utility occupancy permit, or for a renewal of a franchise or master road use permit shall be on forms provided by the Mason County engineer which application forms shall, at a minimum, contain and require the following:
(1) Identity of Authorized Parties. The names and addresses of persons authorized to act on behalf of the operator with respect to the application and those person(s) who are authorized to receive all notices regarding action taken pursuant to an application.
(2) Nonrefundable Application Fee. An initial nonrefundable application fee in the amount of:
Four hundred dollars for a new franchise or new master road use permit;
Two hundred dollars for a new private line utility occupancy permit;
Three hundred dollars for a renewal of a franchise or master road use permit;
Two hundred fifty dollars for an amendment of a franchise or master road use permit;
One hundred dollars for amendment of a private line utility occupancy permit;
One hundred dollars for a transfer of a franchise or master road use permit; and
One hundred dollars for a transfer of a private line utility occupancy permit.
The purpose of the nonrefundable application fee is to reimburse the county for the costs incurred to review and issue or deny a franchise, master road use permit, or private line utility occupancy permit, or issue an amendment thereto, or a renewal, or a transfer. In addition to the nonrefundable application fee, the applicant shall, as a condition of action being taken, reimburse the county for the direct costs of third parties retained by the county when deemed by the county engineer to be reasonable and necessary to assist the county in reviewing or responding to the application. The county shall, at the request of the applicant, provide an itemized accounting for the services provided that become a cost of the applicant as provided herein.
The county engineer is directed to review the application fees on a biennial basis and make a recommendation to the board for adjustment of the application fees. The board may adjust the application fees from time to time by a duly adopted resolution.
(3) Identity of Applicant. Identity of the operator, the persons who exercise working control over the operator, and the persons who control those persons to the ultimate parent.
(4) Certificate Verifying Status as Exempt Operator. If applicable, a certification of the authorized officer of the operator stating that the operator is exempt and the reasons therefor; provided that, if such utility facilities will be used to provide services other than those qualifying it as an exempt operator, the applicant shall state what other services will be provided and under what authority the applicant will be utilizing facilities located within the public rights-of-way to provide such services.
(5) Location/Description/Purpose of Facilities. The location in the county in which the applicant proposes to install utility facilities in the road rights-of-way, including the approximate linear feet of overhead utility facilities, the approximate linear feet of underground utility facilities; the type of utility facilities to be installed; and, the proposed use of the utility facilities and type of services to be provided.
(6) Certification Verifying Truth/Accuracy. A certificate of an authorized officer of the operator certifying the truth and accuracy of the information in the application.
(d) Term. The term of the franchise and the master road use permit shall not exceed ten years. The private line utility occupancy permit shall be revocable upon thirty days' written notice to the operator with or without cause.
(e) No Vested Rights. The franchise, master road use permit, and private line utility occupancy permit do not grant any vested right to have any utility facility installed or to remain at a specific location in the road right-of way.
(f) Applicability to and Enforceability Against Operator. Even in the absence of a franchise, master road use permit, or private line utility occupancy permit, all requirements of this chapter or any other applicable provision of the Mason County Code or ordinance which have been promulgated under the county's police or other regulatory powers shall apply and be enforceable against an operator, except to the extent, and only to that extent, the application and enforcement of any such requirement is expressly prohibited by applicable laws.
Any operator who currently occupies road rights-of-way without having in place a current and valid master road use permit, franchise, private line utility occupancy permit, or other similar agreement with the county shall submit a completed application for a franchise, master road use permit, or private line utility occupancy permit as provided by this section within one hundred twenty days of the effective date of this section. The one hundred twenty-day time period may be extended by the county engineer for good cause shown by an operator upon written application received by the county engineer no less than five days prior to the expiration of the one hundred twenty time period. The decision of the county engineer shall be final and non-appealable.
(g) Effect on Existing Franchises or Other Agreements. Except as otherwise provided in this chapter, this section shall have no effect on any existing franchise or other agreement until:
(1) The expiration of such franchise or agreement;
(2) An amendment to an unexpired franchise or agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date; or
(3) Any transaction which results in a transfer.
(Ord. 115-06 § 1 (part), 2006).
12.24.040 Standards adopted.
(a) The current and any subsequent edition of the Standard Specifications for Road, Bridge and Municipal Construction issued by the Washington State Department of Transportation and the American Public Works Association Washington State Chapter, is adopted as the Mason County standard specifications for road and bridge construction applicable to construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities in the road rights-of-way which hereinafter shall be referred to as "Standard Specifications."
(b) The county engineer is authorized and directed to prepare, review, update, and publish a Manual on Accommodating Utilities in the Mason County Right-of-Way (the "Manual"); provided that, the manual shall be consistent with this chapter, and applicable state and federal law, with the exception that, the manual may include any road design standards which the county engineer shall deem necessary to provide adequate protection to the road, its safe operation, appearance, and maintenance, which standards supercede the standard specifications.
The county engineer shall provide opportunity for public comment upon the manual prior to its adoption. Upon adoption by the county engineer, the manual and all subsequent amendments to and editions of the manual, together with this chapter, shall be and become the utility accommodation policy of the board. All work performed in the road rights-of-way for the construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities shall conform to the utility accommodation policy. The manual shall, at a minimum:
(1) Address all public and private utilities and other transmission facilities which are constructed, installed, repaired, maintained, removed, replaced, adjusted, or relocated within the county road right-of-way pursuant to franchises, permits, and/or exemptions from the permit process including, but not limited to, electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage and irrigation;
(2) Include general standards and requirements for the location, design, and construction of each utility facility;
(3) Incorporate a written permit process for all utility work not exempted by the provisions of the utility policy, and specify exemptions from such permit process, if any;
(4) Include specific requirements for underground utilities which shall include location and alignment, depth of burial and cover, encasement, marking, appurtenances and related installation procedures;
(5) Include specific requirements for above ground utilities which shall include location, alignment, and vertical clearances; and
(6) Include specific requirements for all utilities, which shall include aesthetic/scenic considerations, installations on roadway bridges and structures, site restoration and cleanup, traffic control and public safety, and both normal and emergency repairs.
(c) The standards, guidelines and requirements set forth in the current model utility accommodation policy as published by the county road administration board is adopted as the "interim utility accommodation policy" of Mason County until such time as the manual is adopted pursuant to subsection (b) of this section. Upon adoption, the manual shall replaced and supersede the "interim utility accommodation policy." All work performed in the road rights-of-way for the construction, installation, replacement, relocation, adjustment, and maintenance of utility facilities shall conform to the "interim utility accommodation policy."
(d) The county engineer is further authorized and directed to prepare, adopt, publish, and amend from time to time, administrative regulations (hereinafter referred to as the "administrative regulations") that implement, supplement, and interpret this chapter; provided that, such administrative regulations are consistent with this chapter, and applicable state and federal law.
(e) In the event of a conflict between Ch. 12.04 MCC, the administrative regulations, or the manual and the standard specifications, the Mason County Code, the administrative regulations, and the manual shall take precedence. In the event of a conflict between the Mason County Code and the administrative regulations or manual, the Mason County Code shall take precedence. In the event of a conflict between the manual and the administrative regulations, the manual shall take precedence.
(Ord. 115-06 § 1 (part), 2006).
12.24.050 General requirements.
The following general requirements shall be applicable to construction, installation, repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities in the road rights-of-way:
(1) Location.
(A) Utility facility installations shall be located to minimize the need for later adjustment to accommodate future roadway improvements and to permit access to servicing such installations with minimum interference to roadway traffic. The county shall make available to operators a copy of its 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 operators shall, within the limits of standard business practice, make available appropriate short and long range development plans to the county.
(B) The operator shall have a duty to ensure that utility facilities within the road right-of-way do not become or constitute an unacceptable roadside obstacle and do not interfere with or create a hazard to county maintenance of and along the road right-of-way. In such event, or in the event that the county engineer, in his or her sole discretion, determines that a utility facility within the road right-of-way has become or constitutes an unacceptable roadside obstacle or may interfere with or create a hazard to county maintenance of and along the road right-of-way, the operator shall at its expense, or the county may at operator's expense:
(i) Relocate the utility facility to another place within the right-of-way;
(ii) Convert the utility facility to a break-away design;
(iii) Crash-protect the utility facility;
(iv) Relocate the utility facility to another location off the road right-of-way; or
(v) In the event that the utility facility is screened from view (i.e., not readily visible from all directions by persons standing at ground level), remove or trim vegetation in and around the utility facility.
(C) 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 chapter.
(D) Where existing utility facilities are in place, new utility facilities shall be compatible with the existing installations and conform to this chapter as nearly as practicable.
(E) Every operator shall have a continuing duty to identify the location of existing utility facilities of the operator in the road right-of-way in a format acceptable to the county engineer. In the event that information regarding the location of existing facilities in the road rights-of-way is not readily available, operator shall have a continuing duty to use due diligence to prepare and provide such information to the county engineer in a form and time frame acceptable to the county engineer.
(2) Design– General.
(A) The operator 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.
(B) For work requiring application to the county, the county may review and approve the operator's plans with respect to:
(i) Location;
(ii) The manner in which the utility facility is to be installed;
(iii) Measures to be taken to preserve safe and free flow of traffic;
(iv) Structural integrity of the roadway, bridge, or other structure; and
(v) Ease of future road maintenance, and appearance of the roadway.
(C) 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.
(D) Granting of a franchise, master road use permit, private line utility occupancy permit, or utility permit shall not imply or be construed to mean the county shall be responsible for the design, construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation of the utility facility or for public safety during the utility facility's construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation. The county's grant of a franchise, master road use permit, private line utility occupancy permit, or utility permit and approvals given therein are for the sole purpose of protecting the county's rights as the owner or manager of the road right-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, installation, relocation, repair, maintenance, removal, replacement, adjustment, relocation, operation of the utility facilities, or suitability of the road right-of-way for construction, maintenance, or repair of the utility facilities. The county is under no obligation or duty to supervise the design, construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation of the utility facilities.
(3) Standards and Codes. All utility facilities shall be designed in accordance with the standards, codes, and regulations applicable to the type of utility facility. The methods of construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, and materials used shall conform to the codes and standards promulgated by the government and by the industry. This shall also include any road design standards adopted by the county.
(4) Adjustment and Relocation of Existing Utility Facilities.
(A) Existing underground utility facilities on county road right-of-way may be removed or relocated when road work funded by the county would disturb the existing underground utility facilities. All such removal or relocation shall be at the sole expense of the operator, and all work must be accomplished by the same permitting process as for new utility facility installations.
(B) Notwithstanding reinforcement or protection otherwise provided, the operator and its contractors and subcontractors shall be responsible for the security of all utility facilities within a road construction zone. Where there are unusual utility hazards or where heavy construction equipment will be used, the operator and its contractors and subcontractors shall provide adequate temporary protection. In replacing the roadway, the design should give due consideration to the protection of previously existing utility facilities in the roadway section without sacrificing the geometrics of roadway design.
(Ord. 115-06 § 1 (part), 2006).
12.24.060 Permits.
(a) General Requirements. For all work in the road right-of-way to construct, install, maintain, repair, removed, replace, adjust, or relocate utility facilities, a utility permit will be required for each specific project and location, except for (1) aerial drops, and (2) normal maintenance.
Utility permit applications shall be submitted in writing to the county engineer on forms provided by that office. No work may be performed within the road right-of-way to construct, install, maintain, repair, replace, adjust, or relocate utility facilities until after receipt of the returned, approved utility permit, an insurance certificate conforming to the requirements of this chapter is obtained, a performance bond is obtained when required by the county engineer, and notification is made to the county engineer indicating when work will commence. In emergencies only, permission may be granted by the county engineer for commencement of work prior to receipt by the operator of the approved permit; provided that, as soon as practical thereafter, the operator shall apply for and obtain a utility permit. The provisions of this chapter shall apply only to utility facilities located above, on, or under the road right-of-way, properties owned or controlled by the county, and properties that will be dedicated to the county for road rights-of-way. No utility facility shall be used for other than the purpose stated in the utility permit, franchise, master road use permit, or private line utility occupancy permit, unless written approval is granted by the county.
(b) Specific Requirements. When required, utility permit applications shall be submitted in a standard format as prescribed by the county. The utility permit application shall include the following information:
(1) Agreement to all pertinent provisions of this chapter and to such special conditions as the county may deem appropriate;
(2) Agreement to indemnify, defend, release, and hold harmless the county, its elected and appointed officers, and its agents, and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the county or any third party arising out of the presence of the utility facilities in the road rights-of-way, or by reason of, or resulting from the acts, errors, or omissions of the operator or operator's agents, independent contractors, or employees related to or in any way arising out of the construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation of utility facilities within the county road right-of-way, or by reason of, or resulting from the acts, errors, or omissions of third parties when arising out of the installation, construction, adjustment, relocation, replacement, removal, maintenance, of such third party utility facilities within the road rights-of-way when such work is performed under authority of operator's utility permit or at the direction or under the control of the operator;
(3) Description of the utility facilities to be installed; and
(4) 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.
(c) Utility Permit Fees. In order to offset the costs of administering the policy for accommodation of utility facilities on county road rights-of-way, including the orderly recording and maintenance of records of utilities, the applicant shall pay the reasonable costs to the county for investigating, handling, and granting the utility permit, including a basic overhead charge of one hundred twenty-five dollars for a utility permit application and thirty-five dollars for a one-time renewal for one month with no change in scope from the original utility permit, together with an additional charge for all costs and expenses, if any, actually incurred by the county in investigation of the application; provided that, no charge will be made for applications where the applicant is in the United States or any of its agencies, or a utility anticipating relocation from its private easement acquired or to be acquired by the county for construction or reconstruction of a county road. The applicant shall pay an additional cost charge of twenty-five cents per foot for inspection and recording of utility facilities based on the lineal footage of utility to be installed.
The county engineer is directed to review the inspection and recording fees on a biennial basis and make a recommendation to the board for adjustment of the application fees. The board may adjust the inspection and recording fees from time to time by a duly adopted resolution.
An equitable portion of the added costs of design and construction of highway structures which may be required to accommodate utility facilities shall be charged to any operator for any necessary relocation of its utility facilities and/or to any operator making new installations.
(d) Performance/Payment Bond. Before any work commences in the road right-of-way, the county engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the county engineer, but not less than five hundred dollars, written by a surety company acceptable to the county risk manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, and drainage facilities, cleanup of rights-of-way, and payment of costs incurred by the county to enforce the requirements of this chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion.
A project specific performance bond shall not be required for (1) an operator that has in place a blanket performance bond and, when required, a payment bond maintained by the operator pursuant to the requirements of the operator's franchise or master road use permit guaranteeing performance of the obligations of the operator as described therein, or (2) for an operator of private lines operating under a private line utility occupancy permit; provided that, the work in the road right-of-way is being performed by a licensed and bonded contractor.
A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions.
(e) Joint Occupancy. In the event utility facilities of two or more operators are to occupy a common trench, a basic utility permit fee and inspection fee will be required for each such utility facility installation. All moneys shall be paid to the county road fund and no part shall be refundable.
(f) Record Drawings. Upon completion of work in the road right-of-way for which a utility permit is required, the operator shall provide or cause to be provided record drawings to the county engineer in a form acceptable to the county engineer, depicting at a minimum the location, alignment, and depths of the utility facilities installed or relocated. The county engineer may accept Global Positioning Satellite (or equivalent) coordinates in lieu of record drawings and encourages providing record drawings in an electronic form and format acceptable to the county engineer.
Commencing the 1st day of January, 2009, all record drawings shall be provided in an electronic form and format acceptable to the county engineer for inclusion on the county's GIS database.
(Ord. 115-06 § 1 (part), 2006).
12.24.100 Protection of county and residents.
(a) Indemnification Required. Every franchise, master road use permit, and private utility line occupancy permit issued to an operator shall include an adequate agreement from the operator to indemnify, defend, release, and hold harmless the county, its elected and appointed officers, and its agents, and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the county or any third party arising out of the presence of the utility facilities in the road rights-of-way, or by reason of, or resulting from the acts, errors, or omissions of the operator or operator's agents, independent contractors, or employees related to or in any way arising out of the construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation of utility facilities within the county road right-of-way.
(b) Insurance.
(1) Except as provided at subsection (b)(2) of this section for private line utility facilities, every operator shall have and maintain adequate insurance in a form and with coverages and limits sufficient, in the judgment of the Mason County risk manager, to protect the county.
The required insurance shall cover all liability of the operator arising out of, or related to, the operator and its officers', directors', employees', contractors', subcontractors', and agents' performance or nonperformance, under the franchise, master road use permit, or utility permit, or arising out of the presence of the operator's utility facilities in the road rights-of-way, or arising out of the installation, construction, adjustment, relocation, replacement, removal, maintenance, or operation of the operator's utility facilities in the road rights-of-way, or by reason of, or resulting from the acts, errors, or omissions of third parties when arising out of the, installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; all such liability includes, without limitation, any negligence of the operator and its officers, directors, employees, contractors, subcontractors, and agents.
Policies shall be issued by companies authorized to do business under the laws of the state of Washington and with financial ratings acceptable to the Mason County risk manager. The insurance shall include blanket contractual coverage, including coverage for written contracts and specific coverage for the indemnity provisions set forth in the franchise, master road use permit, private line utility occupancy permit, and utility permit.
The county shall be named as an additional insured, without limitation, on the general liability policy.
(2) An operator of private line utility facilities meeting the following requirements shall not be required to comply with the insurance requirements of subsection (b)(1) of this section:
(A) The utility facilities are permitted under a private utility line occupancy permit;
(B) The work in the road right-of-way is performed by a licensed and bonded contractor; and
(C) The contractor performing the work provides a certificate of insurance to the county in a form and with coverages and limits sufficient, in the judgment of the Mason County risk manager, to protect the county.
The insurance required from the contractor shall cover all liability of the contractor, its subcontractors, and their agents' arising out of work performed in the public rights-of-way, including, without limitation, any negligence of the contractor and its officers, directors, employees, contractors, subcontractors, and agents.
The county shall be named as an additional insured, without limitation, on the general liability policy.
(3) If the operator or contractor does not have the insurance required pursuant to subsections (b)(1) and (2), the county may order the operator or contractor to stop any activity in the road rights-of-way until the insurance is obtained and approved.
(c) Performance/Payment Bonds. Every operator shall be required to obtain performance bonds and, if necessary, payment bonds, to ensure the faithful performance of its responsibilities under any franchise or master road use permit.
The minimum amount of the performance/payment bond necessary to achieve the purpose of the bond requirement for a franchise or master road use permit shall be set by the county engineer based upon such factors that relate to the risk to the county and nonperformance by the operator. The performance and/or payment bond shall be a minimum of twenty-five thousand dollars. The amount of the performance and/or payment bond may, from time to time, be increased or decreased to reflect changes in risks to the county. The requirement for a performance and/or payment bond may be waived for public entities or operators determined by the county engineer to be operators in good standing.
The performance and/or payment bond shall be in a form acceptable to the county engineer; be with a surety company authorized to do business in the state of Washington with financial ratings acceptable to the Mason County risk manager; and, shall provide that it cannot be revoked during the term of the franchise or master road use permit and for two years thereafter.
(Ord. 115-06 § 1 (part), 2006).
12.24.110 Transfer/change of control.
(a) No franchise or master road use permit may be transferred without:
(1) Prior written notice to the county;
(2) Execution of an agreement with the county unconditionally providing that the transferee will be bound by all the conditions of the applicable franchise or master road use permit and will assume all the obligations of its predecessor;
(3) Resolving or preserving to the satisfaction of the county any outstanding compliance issues; and
(4) Filing or establishing with the county the insurance certificates, security fund, and performance bond as required pursuant to this chapter.
(b) A transfer shall not in any respect relieve the operator, or any of its successors in interest, of any obligation or liability occurring prior to the transfer, or of responsibility for acts or omissions occurring prior to the transfer, known or unknown, or the consequences thereof, including the review of past performance for purposes of determining whether the franchise or master road use permit should be renewed.
(Ord. 115-06 § 1 (part), 2006).
12.24.120 Remedies/violation/penalties.
(a) Revocation or Termination of Franchise/Master Road Use Permit. A franchise or master road use permit may be revoked upon notice and opportunity to cure for any one or more of the following reasons:
(1) Construction or operation at an unauthorized location;
(2) Unauthorized transfer of the operator's franchise or master road use permit;
(3) Unauthorized sale, assignment, or transfer of the operator's franchise assets or an interest therein;
(4) Misrepresentation by or on behalf of an operator in any application to the county;
(5) Abandonment of utility facilities in the road rights-of-way. Abandonment of a utility facility shall be presumed when a utility facility has not been used for a continuous period of twelve months or the appearance and condition of the utility facility together with the lack of maintenance or repair would lead a reasonable person to believe that the utility facility has been abandoned;
(6) Failure to relocate, adjust, or remove facilities as required in this chapter;
(7) Failure to pay taxes, compensation, fees, or costs when and as due to the county;
(8) Insolvency or bankruptcy of the operator;
(9) Violation of a material provision of this chapter; and/or
(10) Violation of a material term of a franchise or master road use permit.
(b) Revocation/Termination of Private Utility Line Occupancy Permit. The county engineer may terminate or revoke a private line utility occupancy permit at any time upon thirty days' written notice, with or without cause.
(c) Penalties/Violation.
(1) Misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Each person, found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm, or corporation and shall be punishable therefor as provided for in this chapter.
(2) Civil Infractions. The violation of any provision of this chapter is designated as a Class I civil infraction pursuant to Chapter 7.80 RCW.
(3) Notwithstanding the existence or use of any other remedy, the county may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this chapter.
(Ord. 115-06 § 1 (part), 2006).
Chapter 12.28 Sections:
12.28.010 Survey monument restoration required– Manner.
12.28.020 Materials furnished by road department.
12.28.030 References required after monumentation.
12.28.010 Survey monument restoration required– Manner.
Those persons who are engaged in the recovery of survey monuments shall restore the road surfaces in a manner prescribed by the Mason County engineer.
(Res. 270 (part), 1972).
12.28.020 Materials furnished by road department.
The Mason County road department will furnish on request the necessary monuments and monument cases for the perpetuation of survey monuments and the necessary patching materials for the restoration of the county roads that are damaged by either the search or recovery of said monuments.
(Res. 270 (part), 1972).
12.28.030 References required after monumentation.
Persons engaged in the recovery of survey monuments shall provide the Mason County engineer's department with suitable survey references within sixty days after the completion of monumentation.
(Res. 270 (part), 1972).
Chapter 12.32 Sections:
Article I. Generally
12.32.010 Authority for closure.
12.32.020 Special permits.
12.32.030 Notice of closure.
Article II. Load Restrictions– Emergency Closing Orders
12.32.040 Designation of load maximums.
12.32.050 Imposition in accordance with RCW provisions.
12.32.060 Signposting.
12.32.070 Application of load maximums.
12.32.080 Permits allowing transportation along restricted roads.
12.32.090 Posting road closures.
12.32.100 Violation– Traffic infraction– Penalty– Civil liability.
Article I. 12.32.010 Authority for closure.
By direction or subdelegation of authority, the county engineer, when he deems it appropriate, shall prohibit or restrict as to weight and speed the operation of vehicles upon Mason County roads exposed to serious damage by reason of rain, snow, climatic or other conditions; and may in the event of such prohibitions or restrictions issue special permits for the operation of school busses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents. The county engineer when issuing such special permits shall specify weight and speed restrictions as may be necessary to protect the highway from damage.
(Res. 367 (part), 1973).
12.32.020 Special permits.
The board of county commissioners adopts the rule concerning the issue of special permits in the event of highway closures, as a rule of the board, as follows:
Special Permits for Closed or Restricted Roads. Permits may be issued by the county engineer to allow the operation of school busses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents on such Mason County roads as may be closed or restricted in accordance with RCW 46.44.080, subject to specific weight and speed restrictions as may be deemed necessary by the county engineer to protect roads from undue damage.
(Res. 367 (part), 1973).
12.32.030 Notice of closure.
The engineer, in the event of road closures or restrictions, is further directed to erect appropriate signs on such roads and as practicable, to inform the public through the local news media of such closures or restrictions.
(Res. 367 (part), 1973).
Article II. 12.32.040 Designation of load maximums.
The county roads posted with the following load restrictions are closed to all vehicles with a gross weight (vehicles and load) which exceeds the following load limits for the size of tires as stated in WAC 4688-080 and as set forth below:
Load Restrictions
HIGHWAY APPROACHES*
ROAD NAMES
ARTERIAL ROADS
VACATION OF ROADS
UTILITIES ON ROAD RIGHTS-OF-WAY
MONUMENT RECOVERY
CLOSED OR RESTRICTED ROADS
Generally
Load Restrictions– Emergency Closing Orders
| Conventional Tires | Tubeless or Special with .5 Marking | ||
| Tire Size | Gross Load Each Tire | Tire Size | Gross Load Each Tire |
| 7.00 | 1800 lbs. | 8-22.5 | 1800 lbs. |
| 7.50 | 1800 lbs. | 9-22.5 | 1900 lbs. |
| 8.25 | 1900 lbs. | 10-22.5 | 2250 lbs. |
| 9.00 | 2250 lbs. | 11-22.5 | 2750 lbs. |
| 10.00 | 2750 lbs. | 11-24.5 | 2750 lbs. |
| 11.00 & over | 3000 lbs. | 12-22.5 & over | 3000 lbs. |
Emergency Load Restrictions
| Conventional Tires | Tubeless or Special with .5 Marking | ||
| Tire Size | Gross Load Each Tire | Tire Size | Gross Load Each Tire |
| 7.00 | 1800 lbs. | 8-22.5 | 1800 lbs. |
| 7.50 | 1800 lbs. | 9-22.5 | 1900 lbs. |
| 8.25 | 1900 lbs. | 10-22.5 | 2250 lbs. |
| 9.00 | 2250 lbs. | 11-22.5 | 2750 lbs. |
| 10.00 | 2750 lbs. | 11-24.5 | 2750 lbs. |
| 11.00 & over | 3000 lbs. | 12-22.5 & over | 3000 lbs. |
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.050 Imposition in accordance with RCW provisions.
In accordance with RCW 36.75.270 and RCW 46.44.080, these emergency restrictions may be imposed effective immediately, by posting the roads involved.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.060 Signposting.
When imposing load restrictions pursuant to this chapter, the Mason County road department shall specify and display by posted signs, whichever of the above schedules of load restrictions is necessary to protect the county road from damage.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.070 Application of load maximums.
No allowance shall be made for any second gear axle suspended from the frame of the vehicle independent of the regular driving axle, otherwise known as "rigid trail" axles. Allowance will be made for single tires only on the front of any truck. The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axles in excess of the prescribed load, as above set forth. Any loading in excess of the specified maximums as listed herein will be considered a violation of this order. If the motive power for any type of trailer is inadequate to safely handle the specified maximum load as listed herein for such trailer, then in that event the load on the trailer shall be reduced sufficiently to allow said truck and trailer to operate with safety.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.080 Permits allowing transportation along restricted roads.
Permits may be issued by the Mason County road department to allow the operation of trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents on such county roads, which may be closed or restricted. Such permit may include weight and speed restrictions, plus other restrictions deemed necessary to protect the highway from undue damage. Vehicles with a gross weight of less than ten thousand five hundred pounds (GVW) shall be permitted to operate at full capacity under this chapter.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.090 Posting road closures.
The county road engineer or road supervisor in and for said Mason County is delegated the authority in the absence of said board of county commissioners, and with their permission to close any and all county roads from time to time whenever he deems it necessary to protect and maintain said roads; but that he shall, before closing said county roads, post notices of such closing at each end of said road, for the purpose of giving due notice to the public of said closure of road or roads.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
12.32.100 Violation– Traffic infraction– Penalty– Civil liability.
(a) Violation– Traffic Infraction. Any violation of these restrictions constitutes an infraction under the provisions of RCW 46.44.105 and RCW 46.44.080. Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred fifty dollars.
(b) Civil Liability Penalty. Violators are also subject to civil liability for the damage caused by such violations as provided under RCW 46.44.110 and RCW 46.44.120.
(Res. 149-07 (part), 2007: Res. 12-96 (part), 1996: Res. 6-95 (part), 1995: Res. 124-93 (part), 1993).
Chapter 12.36 Sections:
12.36.010 Designation of load maximums.
12.36.020 Imposition in accordance with RCW provisions.
12.36.030 Signposting.
12.36.040 Application of load maximums.
12.36.050 Permits allowing transportation on restricted roads.
12.36.070 Speed restrictions.
12.36.080 Road closure.
12.36.090 Violation– Misdemeanor.
12.36.010 Designation of load maximums.
The county roads posted with the following load restrictions are closed to all vehicles the gross weight (vehicles and load) of which exceeds the following load limits for the size of tires as set forth in the table below.
(Ord. 830 (part), 1977).
Load Restrictions
LOAD RESTRICTIONS ON BRIDGES
| Conventional Tires | Tubeless or Special with .5 Marking | ||
| Tire Size | Gross Load Each Tire | Tire Size | Gross Load Each Tire |
| 7.00 | 1800 lbs. | 8-22.5 | 2250 lbs. |
| 7.50 | 2250 lbs. | 9-22.5 | 2800 lbs. |
| 8.25 | 2800 lbs. | 10-22.5 | 3400 lbs. |
| 9.00 | 3400 lbs. | 11-22.5 | 4000 lbs. |
| 10.00 | 4000 lbs. | 11-24.5 | 4000 lbs. |
| 11.00 | 4500 lbs. | 12-22.5 | 4500 lbs. |
| 12.00 & over | 4500 lbs. | 12-24.5 & over | 4500 lbs. |
Emergency Load Restrictions
| Conventional Tires | Tubeless or Special with .5 Marking | ||
| 7.00 | 1800 lbs. | 8-22.5 | 1800 lbs. |
| 7.50 | 1800 lbs. | 9-22.5 | 1900 lbs. |
| 8.25 | 1900 lbs. | 10-22.5 | 2250 lbs. |
| 9.00 | 2250 lbs. | 11-22.5 | 2750 lbs. |
| 10.00 | 2750 lbs. | 11-24.5 | 2750 lbs. |
| 11.00 & over | 3000 lbs. | 12-22.5 & over | 3000 lbs. |
12.36.020 Imposition in accordance with RCW provisions.
In accordance with RCW 36.75.270 and RCW 46.44.080, these emergency restrictions may be imposed effective immediately, by posting the roads involved.
(Ord. 830 (part), 1977).
12.36.030 Signposting.
When imposing load restrictions pursuant to this resolution, the Mason County road department shall specify and display by posted signs, whichever of the schedules of load restrictions is necessary to protect the county road from damage.
(Ord. 830 (part), 1977).
12.36.040 Application of load maximums.
No allowance shall be made for any second gear axle suspended from the frame of the vehicle independent of the regular driving axle, otherwise known as rigid trail axles. Allowance will be made for single tires only on the front of any truck. The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axles in excess of the prescribed load, as set forth in this chapter. Any loading in excess of the specified maximums as listed in this chapter will be considered a violation of this order. If the motive power for any type of trailer is inadequate to safely handle the specified maximum load as listed in this chapter for such trailer, the load on the trailer shall be reduced sufficiently to allow said truck and trailer to operate with safety.
(Ord. 830 (part), 1977).
12.36.050 Permits allowing transportation on restricted roads.
Permits may be issued by the Mason County road department to allow the operation of trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents on such county roads which may be closed or restricted.
(Ord. 830 (part), 1977).
12.36.070 Speed restrictions.
The maximum speed for vehicles of all classes operating over county roads which are made the subject of this order shall be forty-five miles per hour, except where speed limits have been legally set at a rate less than forty-five miles per hour, such lesser speed shall govern.
(Ord. 830 (part), 1977).
12.36.080 Road closure.
The county road engineer or road supervisor in and for Mason County is delegated the authority in the absence of said board of county commissioners, and with their permission, to close any and all county roads from time to time whenever he deems it necessary to protect and maintain said roads. He shall, before closing said county roads, post notices of such closing at each end of said road for the purpose of giving due notice to the public of said closure of road or roads.
(Ord. 830 (part), 1977).
12.36.090 Violation– Misdemeanor.
Any violation of these restrictions constitutes a misdemeanor under the provisions of RCW 36.75.270 and RCW 9.92.030 and RCW 46.44.080 and shall be punishable by fine of not more than five hundred dollars or not more than ninety days in the county jail, or both. Violators are also subject to civil penalties for the damage caused by such violations.
(Ord. 830 (part), 1977).
Chapter 12.44 Ord. No. 134-08, adopted December 16, 2008, repealed chapter 12.44, consisting of §§ 12.44.010– 12.44.040 and deriving from Ord. No. 86-83, in its entirety.
Chapter 12.48 Sections:
12.48.010 Purpose and intent.
12.48.020 Definitions.
12.48.030 Volunteer organization eligibility requirements.
12.48.040 Program requirements.
12.48.050 Rights and activities of adjacent landowners.
12.48.060 Severability.
12.48.010 Purpose and intent.
It is the purpose and intent of the Mason County board of commissioners to establish a Mason County adopt-a-road litter control program to enable volunteer organizations to supplement county litter control efforts by allowing such volunteer organizations to adopt portions of county roads for the purpose of picking up litter along such roads. This partnership between the county and volunteer organizations is further intended to reduce roadside litter and build civic pride in attaining the goal of a litter-free Mason County.
(Res. 22-95 Exh. A (part), 1995).
12.48.020 Definitions.
(a) "Adopt-a-road agreement" means a contractual agreement between Mason County and a volunteer organization that delineates the obligations and responsibilities of both parties.
(b) "Department" means the Mason County department of public works.
(c) "Director" means the director of public works, or the director's designee.
(d) "Volunteer organization" means any organization (empowered by law to enter into contractual agreements) which volunteers to participate in the adopt-a-road litter control program.
(Res. 22-95 Exh. A (part), 1995).
12.48.030 Volunteer organization eligibility requirements.
(a) Any volunteer organization may apply to participate in the adopt-a-road litter control program. The director shall determine eligibility. A volunteer organization shall not be eligible to participate in the adopt-a-road litter control program if the name of the volunteer organization:
(1) Endorses or opposes a particular candidate for public office;
(2) Advocates a position on a specific political issue, initiative, referendum or piece of legislation; or
(3) Includes a reference to a political party.
(b) Any eligible volunteer organization wanting to participate in the adopt-a-road litter control program shall execute an adopt-a-road agreement with Mason County, which delineates the obligations, responsibilities and terms and conditions governing both parties.
(Res. 22-95 Exh. A (part), 1995).
12.48.040 Program requirements.
In administering the adopt-a-road litter control program, the department shall:
(1) Provide a standardized application form, registration form and contractual agreement for all volunteer groups. Such forms shall notify the prospective participants of the risks and responsibilities to be assumed by either the department and/or the volunteer groups;
(2) Require all volunteers to be at least fifteen years of age;
(3) Require parental consent for all minors;
(4) Require at least one volunteer adult supervisor for every eight minors;
(5) Require one designated leader for each volunteer organization;
(6) Assign each volunteer organization a section of county road for a specified period of time;
(7) Recognize the efforts of a participating organization by erecting and maintaining signs with the organization's name on both ends of the organization's section of roadway;
(8) Provide on loan: two "Volunteer Litter Crew Ahead" signs for each volunteer organization; safety vests, and safety caps for each member of the volunteer organization. A refundable deposit for signs, vests and caps may be required by the department. All equipment issued to volunteer organizations by the department must be returned to the department after each use for reuse by other volunteer groups;
(9) Provide safety training for all volunteers;
(10) Pay appropriate insurance premiums or assessments required by Mason County risk management and insurance department for all volunteers participating in the program;
(11) Maintain records of all injuries and accidents that are reported by the volunteer organization to the department;
(12) Obtain permission from property owners who lease right-of-way from the county before allowing a volunteer organization to adopt a section of roadway on such leased property.
(Res. 22-95 Exh. A (part), 1995).
12.48.050 Rights and activities of adjacent landowners.
Nothing in this chapter affects the rights or activities of, or agreements with, adjacent landowners, including the use of rights-of-way and crossings, nor impairs these rights and uses by the placement of signs.
RESERVED*
ADOPT-A-ROAD LITTER CONTROL PROGRAM