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Home My WebLink About3087 OrdinanceORDINANCE No. slog 7 ., AN ORDINANCE relating to the regulation and control of vehicular access, and connection points of ingress to and egress from, the State Highway System within incorporated areas of the City of Pasco WHEREAS, the legislature of the State of Washington passed chapter 47 50 RCW which requires cities and towns having non-limited access state highways within their city limits to adopt formal access standards for these routes, and WHEREAS, the Washington State Department of Transportation has adopted access standards under chapter 468-51 WAC and chapter 468-52 WAC for guidance in application of the provision of chapter 47 50 RCW THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City of Pasco shall apply the provisions of chapter 47 50 RCW, chapter 468-51 WAC and chapter 468-52 WAC as they now exist and as they may be amended from time to time, in the review of access issues relating to State Route 397 A copy of chapter 47 50 RCW and of chapters 468-51 and 468- 52 WAC as they now exist are adopted by reference, attached to this ordinance, and by this reference incorporated herein A copy of each referenced item so adopted shall be maintained in the office of the City Clerk for use and examination by members of the public §2 The City of Pasco, with concurrence by the Washington State Department of Transportation, hereby establishes that portion of State Route 397 passing through the limits of the City of Pasco as a Class 5 access control facility subject to the provisions listed under chapter 468-52-040(3) WAC §3. This Ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at a regular meeting this day of -Ma, 1995 ..31.A.ne.... Ordinance No 30F7Pa g e 1 of 2 City of Pasco: Attest. Gr Rubstello Cit ttorney Catherine D Seaman Deputy City Clerk Ap oved As To For Ordinance No. 3087 Page 2 of 2 Chapter 468-52 WAC HIGHWAY ACCESS MANAGEMENT--ACCESS CONTROL CLASSIFICATION SYSTEM AND STANDARDS NEW SECTION WAC 468-52-010 Purpose This chapter is adopted in accordance with chapter 47 50 RCW for the implementation of an access control classification system and standards for the regulation and control of vehicular ingress to, and egress from the state highway system NEW SECTION WAC 468-52-020 Definitions For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise "Conforming connection" means a connection that meets current department location, spacing, and design criteria "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system "Connection permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant's property The actual form used for this authorization will be determined by the department "Controlled access facility" means a transportation facility (excluding limited access facilities as defined in chapter 47.52 RCW) to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such manner as may be determined by the governmental entity. "Corner clearance" means the distance from an intersection of a public or private road to the nearest connection along a controlled access facility This distance is measured from the closest edge of the traveled way of the intersecting road to the closest edge of the traveled way of the connection measured along the traveled way (through lanes) [ 1 1 OTS-6692 2 "Department" means the Washington t state aepartment of transportation "Governmental entity" means, for tne purpose of this chapter, a unit of local government or officially designated transportation authority that has the responsibility for p3anning construction, operation, maintenance, or jurisdiction over transportation facilities "Intersection" means an at grade connection on a state highway with a road or street duly established as a puplic road or public street,, by the local governmental entity "Joint use connection" means a single connection point that serves as a connection to more than one property or development, including those in different ownerships or in which access rights are provided in the legal descriptions "Limited access facility" means a highway or street especially designed or designated for through traffic, ana over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view, or air by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility "Nonconforming connection" means a connection not meeting current department location, spacing, or design criteria "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control aevices on or to the department's right of way "Permitting authority" means the department or any county, municipality, or transportation authority autnorized to regulate access to their respective transportation systems "State highway system" means all roaas, streets, and nighways designated as state routes pursuant to chapter 47 17 RCW NEW SECTION WAC 468-52-030 General The connection and intersection spacing distances specified in this chapter are minimums Greater distances may be required by the department on individual permits issued in accordance with chapter 468-51 WAC to provide desirable traffic operational and safety characteristics If greater distances are required, the department will document, as part of the response to a connection permit application pursuant to chapter 468-51 WAC, the reasons, based on traffic engineering principles, that such greater distances are required Nonconforming permits may be issued in accordance with chapter 468-51 WAC allowing less than minimum spacing where no other reasonable access exists, or where it can be substantiated by a traffic analysis in the permit application that allowing less than the minimum spacing would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation of the state highway. -n NMI r 2 1 OTS-6692 2 NEW SECTION WAC 468-52-040 Access control classification system and standards This section provides an access control classification system consisting of five classes The functional characteristics and the access control design standards for each class are described The classes are arranged from the most restrictive, class one, to the least restrictive, class five This access control classification system does not include highways or portions thereof that have been established as limited access highways pursdint to chapter 47.52 RCW For state highways that are planned for the establishment of limited access control in accordance with the Master Plan for Limited Access Highways, an access control classification will be assigned to each highway segment to remain in effect until such time that the facility is established as a limited access facility On all access classes, property access shall be located and designed to minimize Interference with transit facilities and/or high occupancy vehicle (HOV) facilities on state highways where such facilities exist or where such facilities are proposed in a state, regional, metropolitan, or local transportation plan. In such cases, if reasonable access is available from the general street system, primary property access shall be provided from the general street system rather than from the state highway (1) Class one. (a) Functional characteristics These highways have the capacity for safe and efficient high speed and/or high volume traffic movements, providing for interstate, interregional, and intercity travel needs and some intracity travel needs Service to abutting land is subordinate to providing service to major traffic movements Highways in this class are typically distinguished by a hignly controlled, limited number of public and private connections, restrictive medians with limited median openings on multilane facilities, and Infrequent traffic signals (b) Access control design standards (1) It is the intent that the design of class one highways be generally capable of achieving a posted speed limit of fifty to fifty-five mph. Spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one mile One-half mile spacing may be permitted, but only when no reasonable alternative access exists (II) Private direct access to the state highway shall not be permitted except when the property has no other reasonable access to the general street system. The following standards will be applied when direct access must be provided (A) The access connection shall continue until such time that other reasonable access to a highway with a less restrictive access control classification or access to the general street system becomes available and is permitted. (B) The minimum distance to another public or private access connection shall be one thousand three hundred twenty feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude Issuance of a conforming connection permit. No more than one connection shall be provided to an individual parcel or to contiguous parcels under the same ownership ( C 3 ] OTS-6692-2 (C) All private direct access snail Se for right turns only on • multilane facilities, unless special conditions warrant and are documented by a traffic analysis in the connection permit application, signed and sealed cy a qualified professional engineer, registered in accoraance aith chapter 18.43 RCW (D) No additional access connections to the state hignway shall be provided for newly created Parcels resulting from property divisions All access for such parcels shall be provided ny internal road networks Access to the state highway will be at exiting permitted connection locations or at revised connection locations, as conditions warrant (iii) A restrictive median shall be provided on multilane facilities to separate opposing traffic movements and to prevent unauthorized turning movements (2) Class two (a) Functional characteristics These highways have the capacity for medium to high speeds and medium to high volume traffic movements over medium and long distances in a safe and efficient manner, providing for interregional, intercity, and intracity travel needs Direct access service to abutting land is subordinate to providing service to traffic movement Hignways in this class are typically distinguished by existing or planned restrictive medians, where multilane facilities are warranted, and minimum distances between public and private connections (b) Access control design standards (1) It is the intent that the design of class two highways ne generally capable of achieving a posted speed limit of thirty—five to fifty mph in urbanized areas and forty—five to fifty—five mpn in rural areas Spacing of intersecting streets, roads, and hignways shall be planned with a minimum spacing of one—half mile Less than one—half mile intersection spacing may be permitted, but only wnen no reasonable alternative access exists In urban areas and developing areas where higher volumes are present or growtn that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18 43 RCW (ii) Private direct access to the state highway system snail be permitted only when the property has no other reasonable access to the general street system or if access to the general street system would cause traffic operational conditions or safety concerns unacceptable to the local governmental entity When direct access must be provided, the following conditions shall apply: (A) The access connection shall continue until such time that other reasonable access to a highway with a less restrictive access control classification or acceptable access to the general street system becomes available and is permitted (B) The minimum distance to another public or private access connection shall be six hundred sixty feet Nonconforming connection permits may be issued to provide access to parcels wnose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit No more than one NOI ( 4 ] OTS-6692 2 connection shall be provided to an individual parcel or to • contiguous parcels under the same ownership unless the highway frontage exceeds one thousand three hundred twenty feet and it can be shown that the additional access would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation of the state highway (C) All private direct access shall be for rignt turns only on multilane facilities, unless special conditions warrant and are documented by a traffic analysis in the connection permit appliVation, signed and sealed by a qualified professional engineer, registered in accordance with chapter 18 43 RCW (D) No additional access connections to the state highway shall be provided for newly created parcels resulting from property divisions All access for such parcels shall be provided by internal road networks. Access to the state highway will be at existing permitted connection locations or at revised connection locations, as conditions warrant (III) On multilane facilities a restrictive median shall be provided to separate opposing traffic movements and to prevent unauthorized turning movements. (3) Class three. (a) Functional characteristics. These highways have the capacity for moderate travel speeds and moderate traffic volumes for medium and short travel distances providing for intercity, intracity, and intercommunity travel needs There is a reasonable balance between direct access and mobility needs for highways in this class This class is to be used primarily where the existing level of development of the adjoining land is less intensive than maximum buildout and where the probability of significant land use change and increased traffic demand is high Highways in this class are typically distinguished by planned restrictive medians, where multilane facilities are warranted, and minimum distances between public and private connections Two-way left-turn-lanes may be utilized where special conditions warrant Development of properties with internal road networks and joint access connections are encouraged (b) Access control design standards. (1) It is the intent that the design of class three highways be generally capable of achieving a posted speed limit of thirty to forty mph in urbanized areas and forty-five to fifty-five mph in rural areas In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-half mile Less than one-half mile intersection spacing may be permitted, but only when no reasonable alternative access exists. In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression. Where feasible, major intersecting roadways that may ultimately require signalization shall be planned with a minimum of one-half mile spacing Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW. (11) Private direct access. 1 5 OTS -6692 2 (A) No more than one access shall be provided to an individual parcel or to contiguous parcels under the same ownership unless it can be shown that additional access points woula not adversely affect the desired function of the state hignway in accoraance with the assigned access classification, and would not adversely affect the safety or operation, of the state hignway (B) The minimum distance to another public or private access connection shall be three hundred thirty feet Nonconforming connection permits may be issued to provide access to parcels whose hight,fay frontage, topography, or location would otherwise preclude issuance of a conforming connection permit (4) Class four (a) Functional characteristics These highways have the capacity for moderate travel speeds and moderate traffic volumes for medium and short travel aistances providing for intercity, intracity, and intercommunity travel needs There is a reasonable balance between direct access and mobility needs for highways in this class This class is to be used primarily where the existing level of development of the adjoining land is more intensive and where the probability of major land use changes is less probable than on class three highway segments Highways in this class are typically distinguished by existing or planned nonrestrictive medians Restrictive medians may be used as operational conditions warrant to mitigate turning, weaving, and crossing conflicts Minimum connection spacing standards should be applied if adjoining properties are redeveloped (b) Access control design standards (i) It is the intent that the aesign of class four hignways be generally capable of achieving a posted speed limit of cnirty to thirty-five mph in urbanized areas and thirty-five to fcrty-five mph in rural areas In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-half mile Less tnan one-half mile intersection spacing may be permitted, but only when no reasonanle alternative access exists In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression Where feasible, major intersecting roadways that may ultimately require signalization shall re planned with a minimum of one-half mile spacing Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18 43 RCW (II) Private direct access (A) No more than one access shall be provided to an individual parcel or to contiguous parcels under the same ownership unless it can be shown that addational access points would not adversely affect the desired function of the state highway in accordance with the assigned access Olassification, and would not adversely affect the safety or operation of the state highway (B) The minimum distance to another public or private access connection shall be two hundred fifty feet Nonconforming connection permits may be issued to provide access to parcels whose r P 1 L J OTS-6692.2 highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit (5) Class five (a) Functional characteristics These highways have the capacity for moderate travel speeds and moderate traffic volumes for primarily short travel distances providing for intracity and intracommunity trips primarily for access to state highways of higher classification Access needs may generally be higher than the need for through traffic mobility without compromising the public health, welfare, or safety These highways will generally have nonrestrictive medians (b) Access control design standards (1) It is the intent that the design of class five highways be capable of achieving a posted speed limit of twenty-five to thirty- five mph In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-quarter mile Less than one-quarter mile spacing may be permitted where no reasonable alternative exists In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression Where feasible, major intersecting roadways that may ultimately require signalization shall be planned with a minimum of one-quarter mile spacing Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18 43 RCW (ii) Private direct access (A) No more than one access shall be provided to an individual parcel or to contiguous parcels under the same ownership unless it can be shown that additional access points would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation of the state highway. (B) The minimum distance to another public or private access connection shall be one hundred twenty-five feet Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit (6) Interim standards The interim standards set forth in this section shall be effective for all segments of the state highway system, except where access rights have been previously acquired pursuant to chapter 47 52 RCW, until superseded by an adopted access control classification as defined in this chapter These interim standards are mandatory for all state highways where the department is the permitting authority, and are advisory for city streets designated as state highways pursuant to chapter 47.24 RCW where incorporated cities or towns are the permitting authority. Permit applications received after adoption of this chapter, but before the classification of a highway segment is adopted, shall be reviewed for consistency with the Interim standards. After a highway segment has been classified pursuant to this chapter, the standards described for that particular class shall supersede the interim standards for the classified highway segment 1 7 1 OTS-6692.2 INTERIM STANDARDS Posted Speed Minimum Private Connection Spacing Minimum Public Intersection Spacing MPH Feet Miles 35 or less Rural 250 Urban 125 05 36 - 45 Rural 330 Urban 250 05 Over 45 Rural 660 Urban 330 1 0 (7) Corner clearance Corner clearances for connections shall meet or exceed the minimum connection spacing requirements of the interim standards, or of the applicable access class where the highway segment has been assigned a classification A single connection may be placed closer to the intersection, pursuant to the permit application process specified in chapter 468-51 WAC, and in accordance with the following criteria (a) If, due to property size, corner clearance standards of this chapter cannot be met, and where joint access meeting or exceeding the minimum corner clearance standards cannot be obtained, or is determined by the department to De not feasible because of conflicting land use or conflicting traffic volumes or operational characteristics, then the following minimum corner clearance criteria may be used CORNER CLEARANCE AT INTERSECTIONS With Restrictive Median Position Access AlloNs ed Minimum (feet) Approaching intersection Right In/Right Out 115 A. oroachm • intersection Right In Onl 75 De • asun a intersection Right In/Right Out 230 * De•artma intersection RI ht Out Onl 100 Without Restrictive Median Position Access Allowed Minimum (feet) Approaching intersection Full Access 230 * Approaching intersection Right In Only Full Access 100 230 * Departing intersection Departing intersection Right Out Only 100 *For Access Class 5 and for speeds less than 35 MPH, 125 feet may be used *For Access Class 5 and for speeds less than thirty—five mph, one hundred twenty—five feet may be used (b) In cases where connections are permitted under the above criteria, the permit issued pursuant to chapter 468-51 WAC shall contain the following additional conditions MM [ 8 1 OTS-6692 2 (1) There shall be no more than one connection per property frontage on the state highway (ii) When joint or alternate access meeting or exceeding the minimum corner clearance standards becomes available, the permittee will close the permitted connection, ulile.ss the permittee shows to the department's satisfaction that such closure is not feasible • NEW SECTION WAC 468-52-050 Application of access control classification system standards (1) Review of permits on classified highway segments Connection permit applications on controlled access facilities of the state highway system received on a particular segment that has been classified in accordance with this chapter shall be reviewed subject to the requirements of this chapter pursuant to the permit application process specified in chapter 468-51 WAC (2) Prior approvals Connections permitted prior to the adoption of this chapter and unpermitted connections that do not require closure in accordance with WAC 468-51-030 are not required to meet the interim standards or the standards of assigned access classifications adopted pursuant to this chapter (3) New permits required by chapter 468-51 WAC All new connection permits required due to significant changes in property site use pursuant to WAC 468-51-110, or permit modification pursuant to WAC 468-51-120 shall be reviewed subject to the requirements of this chapter (4) Permits approved under interim standards Connection permits issued in accordance with the interim standards in WAC 468-52-040 on a highway segment where an access classification has not been adopted shall remain in effect after adoption of an access classification on that highway segment unless a new permit is required due to changes in property site use pursuant to WAC 468-51-110 or unless permit modification, revocation, or closure of the permitted connection is required pursuant to WAC 468-51-120 (5) Nonconforming permits Nonconforming permits may be issued in accordance with WAC 468-51-100 for certain connections not meeting the interim standards in WAC 468-52-040 or the access classification location and spacing standards adopted for a particular highway segment NEW SECTION WAC 468-52-060 Assignment of access control classifications to highway segments The assignment of an access control classification to all controlled access segments of the state highway system shall be the responsibility of the department. The process to be followed in assigning the classifications is as follows- [ 9 ] OTS-6692-2 (1) Defining segments The determination of the length and - termini of segments shall be the responsibility of the department , working in cooperation with the Regional Transportation Planning Organizations, Metropolitan Planning Organizations, and the appropriate local governmental entities (a) Segments of highways to be assigned to a particular access control classification shall be defined by the department in cooperation with local governments The length and termini of segments shall take into consideration the mobility and access needs of the traveling public, the access needs of the existing and proposed land use abutting the highway segment, and the existing and desired mobility characteristics of the roadway. The number of classification changes occurring along a particular highway shall be minimized to provide highway system continuity, uniformity, and integrity to the maximum extent feasible The segments shall not necessarily be confined by local jurisdictional boundaries Points of transition between classifications along a particular route should be located on boundaries, or coincident with identifiable physical features (2) Assignment of classifications All segments of all controlled access facilities on the state highway system shall be assigned to one of the access control classes one through five The assignment of a classification to a specific segment of highway shall be the responsibility of the department The classification shall be made in cooperation with the Regional Transportation Planning Organization, Metropolitan Planning Organization, and the appropriate local governmental entities For city streets that are designated as state highways pursuant to chapter 47 24 RCW, the department will obtain concurrence in the final class assignment from the city or town for those state highways where the city or town is the permitting authority The assignment of a classification shall take into consideration the following factors (a) Local land use plans, zoning, and land development regulations as set forth in adopted comprehensive plans, (b) The current and potential functional classification of the highway, (c) Existing and projected future traffic volumes, (d) Existing and projected state, local, and metropolitan planning organization transportation plans and needs including consideration of new or Improved parallel facilities, (e) Drainage requirements, (f) The character of the lands adjoining the highway, (g) The type and volume of traffic requiring access, (h) Other operational aspects of access, including corridor accident history; (1) The availability of reasonable access to the state highway by way of county roads or city streets as an alternative to a connection to the state highway, (j) The cumulative effect of existing and projected connections on the state highway system's ability to provide for the safe and efficient movement of people and goods within the state. (3) Changes in jurisdiction. When the boundaries of an incorporated city or town are revised to include a portion of a controlled access state highway resulting in a change in the permitting authority from the department to the city or town in accordance with chapter 47 24 RCW, the access classification of INN r 10 1 OTS-6692.2 that portion of the state highway shall remain unchanged unless • modified In accordance with WAC 468-52-070 NEW SECTION WAC 468-52-070 Review and modification of classifications (1) DePartment initiated action The department may, at any time, Initiate a review of the access control classification of any segment of any state highway When a major change occurs In any of the factors noted In WAC 468-52-060(2), the department shall review the access classification for the specific segments of any state highway affected by the change Prior to the Initiation of any change in classification of a highway segment, the department shall notify in writing the appropriate Regional Transportation Planning Organization, Metropolitan Planning Organization, - and local governmental entities The department will consult witn the RTPO, MPO, and local governmental entities and shall take into consideration, any comments or concerns received during the review process For city streets that are designated as state highways pursuant to chapter 47 24 RCW, the department will obtain concurrence in the final class assignment from the city or town for those state highways where the city or town Is the permitting authority The department shall notify the RTPO, MPO, and local governmental entities in writing of the final aetermination of the reclassification action (2) Requests for departmental review A Regional Transportation Planning Organization, Metropolitan Planning Organization, or local governmental entity may request, In writing, at any time that the Secretary of Transportation initiate a review of the access control classification of a specific segment or segments of a state highway(s) Such written request shall Identify the segment(s) of state highway for which the review is requested and shall Include a specific recommendation for the reclassification of the highway segment(s) Involved. Justification for the requested change shall be provided In the request taking Into account the standards and criteria in WAC 468-52-040 and 468-52-060 The department will consult with the RTPO, MPO, and local governmental entities Involved and shall take into consideration, any comments or concerns received during the review process The department shall notify the RTPO, MPO, and local governmental entitles In writing of the final determination of the reclassification action. Other ihterested persons or organizations who wish to Initiate a review of the access control classification of a specific highway segment shall do so through the local governmental entity, MPO, or RTPO. 11 3 OTS-6692 2 OTS -6183:2 Chapter 468-51 WAC HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS--ADmINISTRATIVE PROCESS 4,4 NEW SECT/ON WAC 468-51-010 PURPOSE. This chapter is adopted to implement chapter 47.50 RCW for the regulation and control of vehicular access and connection points of ingress to, and egress from, the state high- way system within unincorporated areas under the jurisdiction of the Washington state department of transportation. This chapter describes the connection permit application process and procedures, including a preapplication conceptual review process, and requirements for closure of unpermitted and nonconforming connections to the state highway system. NEW SECT/ON WAC 468-51-020 DEFINITIONS. For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise: (1) "Application" means an application form supplied by the department and completed by the applicant, a certified check or money order for the required application fee, and related property site, driveway, roadway, and traffic information. (2) "Average daily traffic (ADT)" means the volume ot traffic passing a point or segment of a highway, in both directions, during a period of time, divided by the number of days in the period and fac- tored to represent an estimate of traffic volume for an average day of the year. (3) "Conforming connection" means a connection that meets current department location, spacing, and design criteria. (4) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system. (5) "Connection category" means a permit category of all state highway connections, in accordance with the type of property served and the estimated traffic generation based on rates accepted by the department. (6) "Connection permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and inten- sity of property use and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant's property. The actual form used for this authorization will be determined by the department. (7) "Controlled access facility" means a transportation facility (excluding limited access facilities as defined in chapter 47.52 RCW) to which access is regulated by the governmental entity having juris- diction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such manner as may be determined by the governmen- tal entity. (8) "Department" means the Washington state department of transportation. (9) "Development approval" means an ofticial action by a govern- mental land use planning authority authorizing the developer or land owner to begin construction of any permanent improvements on the property. ,r Li] OTS -6183 2 (10) "Governmental entity" means, for the purpose of this chap- ter, a unit of local government or officially designated transporta- tion authority that has the responsibility for planning, construction, operation, maintenance, Or jurisdiction over transportation facilities. (11) "Joint use connection" means a single connection point that serves as a connection to more than one property or development, including those in different ownerships or in which access rights are provided in the legal descriptions. (12) "Limited access facility" means a highway or street espe- cially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view or air by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accom- plish the purpose of a limited access facility. (13) "Median" means the portion of a divided highway or divided connection separating vehicular traffic traveling in opposite direc- tions; not including speed change lanes, storage lanes for left turn- ing or U-turning vehicles, or two way left turn lanes. (14) "Median opening" means either a full opening in a continuous median for the specific purpose of allowing vehicles to make a left turn maneuver into or out of a property abutting the highway, to facilitate U-turns, or to allow for a vehicle to totally cross the road, or a directional opening allowing for left turn maneuvers into the property and U-turn maneuvers, but not allowing for left turns or cross movements out of the property. (15) "Nonconforming connection" means a connection not meeting current department location, spacing, or design criteria. (16) "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, recon- struction, maintenance, or reclassification of a state highway connec- tion and associated traffic control devices on or to the department's right of way. (17) "Permitting authority" means the department or any county, municipality, or transportation authority authorized to regulate access to their respective transportation systems. (18) "Right of way (R/W)" means a general term denoting land or interest therein, acquired for or designated for transportation pur- poses. more specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right pursuant to RCW 147.04- .040, or lands that have been dedicated for public transportation purposes. (19) "Shoulder" means the portion of the highway contiguous with the traveled lanes for the accommodation of stopped vehicles for emer- gency use, and for lateral support of base and surface courses and for other uses as allowed by law. (20) "State highway system" means all roads, streets, and high- ways designated as state routes pursuant to chapter 47.17 RCW. (21) "Temporary connection" means a permitted connection for a specific property use, conditioned to be open for a specific purpose and traffic volume for a specific period of time with the right of way to be restored by the permittee to its original condition upon connec- tion closure. NEW SfCT/OA WAc 468-51-030 GENERAL PROVISIONS. (1) When connection permits required. Every owner of property which abuts a state highway where limited access rights have not been acquired has a right to reasonable access, but may not have the right to a particular means of access, to ( 2 ) OTS-6183 2 the state highway system. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access to the state highway can be provided by way of another public road which abuts the property. All new connections including alterations and improvements to existing connections to state highways shall require a connection permit. Such permits, if issued, shall be issued only after issuance of development approval where such approval is required, unless other interagency coordination procedures are in effect. The alteration or closure of any existing access connection caused by changes to the character, intensity of development, or use of the property served by the connection or the construction of any new access connection shall not be initiated prior to obtaining a con- nection permit from the department. Use of a new connection at the location specified in the permit is not authorized until the permittee constructs or modifies the connection in accordance with the permit requirements. If a property owner or permittee holding a valid con- nection permit wishes to change the character, use, or intensity of the property or development served by the connection, the department must be contacted to determine whether a new connection permit would be required. (2) Responsibility for other approvals. Connection permits authorize construction improvements to be built by the permittee on department right of way. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required, including satisfaction of all environmental reg- ulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity trom the appli- cant's property to the state highway right of way if the applicant's property does not abut the right of way. (3) Early consultation. In order to expedite the overall permit review process, the applicant is strongly encouraged to consult with the department prior to and during the local government subdivision, rezoning, site plan, or any other applicable predevelopment review process for which a connection permit will be required. The purpose of the consultation shall be to determine the permit category and to obtain a conceptual review of the development site plan and proposed access connections to the state highway system with respect to depart- ment connection location, quantity, spacing, and design standards. Such consultation will assist the developer in minimizing problems and delays during the permit application process and could eliminate the need for costly changes to site plans when unpermittable connection proposals are identified early in the planning phase. The conceptual review process is further detailed in WAC 468-51-050. (4) Cost of construction. (a) Permittee. The cost of construction or modification of a connection shall be the responsibility of the permittee, including the cost of modification of any connection required as a result of changes in property site use in accordance with WAC 468-51-110. (b) Department. Existing permitted connections impacted by the department's work program and which, in the consideration of the department, necessitate modification, relocation, or replacement in order to meet current department connection location, quantity, spac- ing, and design standards, shall be modified, relocated, or replaced in kind by the department at no cost to the permittee. The cost of further enhancements or modification to the altered, relocated, or replaced connections desired by the permittee shall be the responsi- bility of the permittee. (5) Department responsibility. The department has the responsi- bility to issue permits and authority to approve, disapprove, and revoke such permits, and to close connections, with cause. ( 3 1 OTS-6183:2 NEW SECTION WAC 468-51-040 CONNECTION CATEGORIES. All connections, public or private shall be determined by the department to be in one of the following categories: (1) "Category I - minimum connection" provides connection to the state highway system for up to ten single family residences, a duplex, or a small multi-family complex of up to ten dwelling units, which use a common connection. The category shall also apply to permanent con- nections to agricultural and forest lands, including field entrances, connections for the operation, maintenance, and repair of utilities; and connections serving other low volume traffic generators expected to have an average daily traffic (ADT) of one hundred or less. (2) "Category II - minor connection" provides connection to the state highway system for medium volume traffic generators expected to have an average daily traffic (ADT) of one thousand five hundred or less, but not included in Category I. (3) "Category III - major connection" provides connection to the state highway system for high volume traffic generators expected to have an ADT exceeding one thousand five hundred. (4) "Category IV - temporary connection" provides a temporary, time limited, connection to the state highway system for a specific property for a specific use with a specific traffic volume. Such uses Include, but are not limited to, logging, forest land clearing, tem- porary agricultural uses, temporary construction, and temporary emer- gency access. The department reserves the right to remove any temporary connection at its sole discretion and at the expense of the property owner after the expiration of the permit. Further, a tempor- ary connection permit does not bind the department, in any way, to the future issuance of a permanent connection permit at the temporary con- nection location. (5) "Nonconforming connection" designation may be issued for Cat- egory I through IV permits after an analysis and determination by the department that a conforming connection cannot be made and a finding that the denial of a connection would leave the property without a reasonable means of access to the public road system. In such instan- ces, the permit shall be noted as nonconforming and contain specific restrictions and provisions, including limits on the maximum vehicular use of the connection, the future availability of alternate means of access for which a conforming connection permit could be obtained, the removal of the nonconforming connection at the time the conforming access is available, and other conditions as necessary to carry out the provisions of chapter 47.50 RCW. (6) "Median opening" includes openings requested for both new connections and for existing connections. New median openings pro- posed as part of a new driveway connection shall be reviewed as part of the permit application review process. Request for the construc- tion of new median openings to serve existing permitted connections shall require a reevaluation of the location, quantity, design of existing connection, and traffic at the existing connections. The property owner must file a new connection permit application, for the proper connection category, showing the new proposed median opening location and design and its relationship to the existing or modified driveway connections. Nothing contained herein shall be construed to prohibit the department from closing an existing median opening where operational or safety reasons require the action. NEW SECT/ON WAC 468-51-050 CONCFPTUAL REVIEW. Prior to filing a connection permit application and prior to receipt of development approval, all permit applicants, but in particular those applying for Category II and Category III connections, are strongly encouraged to request, in [ 4 ] OTS -6103 2 writing, a conceptual review of the site plan and proposed connection locations with the department and other local governmental agencies as appropriate. The purpose of the conceptual review is to expedite the overall review process by establishing the permit category, number, type, and general location of connections to the property early in the planning stages of a proposed development or a proposed significant change in property site use, or to determine that the connection as requested cannot be permitted. The conceptual review does not consti- tute final department approval of the location and design of the con- nection. If deemed appropriate, especially on the more complex proposals, the department shall establish the date for a conceptual review meeting within thirty days of the receipt of the written request. If a meeting is scheduled, representatives of the local gov- ernmental land use planning authority will be invited to attend. Within thirty days following the conceptual review meeting, or receipt of the request if no meeting is scheduled, the department will provide the applicant written notice of the department's conceptual review findings. These findings are nonbinding on the department and the developer. Additional detailed information received during the appli- cation process, changes in the proposed development, or changes in the existing or planned operational characteristics of the state highway system may necessitate modifications of the connections agreed to in the conceptual approval. The conceptual review findings can be used by the developer in the site plan review/approval process with the local government having jurisdiction over the development as indicat- ing coordination of connection location, quantity, and design with the department and of preliminary department findings on the proposed connections. NEW SECTION WAC 468-51-060 APPLICATION REQUIREMENTS AND PROCEDURES. This rule shall be used where the department is the permitting authority. Where the local governmental entity is the permitting authority, the applicable procedures of the local governmental entity must be followed. (1) Connection permit application and information. The appropri- ate application form and the application information are available from the designated local department offices. An application shall consist of the above form, application fee, as specified in WAC L168- 51-070; plans; traffic data; and connection information specified in this section. All connection and roadway design documents for Category II and III permits shall bear the seal and signature of a professional engi- neer, registered in accordance with chapter 18.43 RCw. (2) Information required - all permits. The following informa- tion is required of all applicants for all permit categories, unless the department determines that specific information will not be required on individual applications. Additional information required of Category II, III, and IV permit applications is specified in this chapter. In all cases it would be prudent, prior to submittal ot the application, for the applicant to inquire of the department whether the application needs additional information. The department reserves the right to request clarification or additional intormation during the application review process. Failure to provide the requested information within the time limits specified in the request shall result in withdrawal of the permit application. (a) Identification and signature of property owner and applicant. The current complete names, mailing addresses, and telephone numbers of the property owner(s), the developer(s), the applicant, the trans- portation and legal consultants representing the applicant (if any), and the local government representative(s) responsible for processing IS] OTS -6163 2 the development's approval shall be provided as part of the applica- tion. If the property owner desires to have a representative sign the application, a notarized letter of authorization from the applicant is to be provided with the application. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished. The names of all individuals signing the application and their titles shall be typed or printed directly below the signature (b) Property uses and traffic information. The ultimate planned property uses shall be indicated in sufficient detail to determine the appropriate permit classification. Estimated average daily traffic volume to be generated by the development, based on the planned prop- erty use, consistent with the latest trip generation Information pub- lished by the Institute of Transportation Engineers, Washington, D.C., shall be included as appropriate. If local or special trip generation rates are used, the latest and best information shall be used and all documentation for the rate development shall be submitted with the application. For residential developments with ten or fewer units, ten trips per day per unit may be assumed. The requirement for an average daily traffic volume estimate may be waived for agricultural uses where no retail marketing is proposed. (c) Site plan. The application shall include a plan to scale, or a schematic drawing showing critical dimensions (allowable on Category I permits only), the location of the property, and existing conditions and the character and extent of work proposed. The location of exist- ing and proposed on-site development with respect to the existing and proposed driveway location(s) and the highway shall be shown. Minimum information on the plan shall include (i) Road information. • State route number. • County or local road name. • Highway pavement type. • Cross section. • Posted speed limit. • The existence and location of any existing and/or future pro- posed public or private road abutting or entering the property; the horizontal and vertical curvature of the road(s) noting the location of existing and proposed connections and any other pertinent information. (ii) Property information. • Location of all existing and proposed buildings, and other structures, such as gasoline pumps, lights, trees, etc., with respect to the existing and proposed property and right of way lines. • Any adjacent properties that are owned or controlled by the applicant, or in which the applicant has a financial interest, and indicate whether these properties will be accessed by means of the proposed connection(s). • The application shall include a boundary survey. The require- ment for a boundary survey may be waived for Category I connections, at the discretion of the department. • Any existing or proposed parcels segregated from the appli- cant's property for separate development also shall be clearly desig- nated on the plan. (iii) Connection location information. • The proposed connection milepost and highway engineer's sta- tion, if available. • Location of the highway centerline with respect to existing and proposed property lines. • Distance of proposed public or private access connection to intersecting roads, streets, railroads. • Existing or proposed median openings (crossovers) and connec- tions on all sides of the state highway and other roads within six hundred sixty feet of the proposed connection location in urban areas and one thousand three hundred twenty feet in nonurban (rural) areas. • Location of existing or proposed public or private retaining walls, fences, poles, sidewalks, bike paths, drainage structures and easements, traffic control devices, fir hydrants, utilities, or other [ 6 ] OTS -6183:2 physical features, such as trees, landscaping, green belts, and wet- lands, that could affect driveway location. • It shall be the responsibility of the applicant to physically identify the location of the proposed connection at the proposed site. (iv) Connection design information. • Proposed connection and approach improvements including its profile approaching the state highway, width, radii, angle to the highway, auxiliary pavement. • Existing and proposed grading (or contouring that affects the natural drainage pattern or runoff impacting the state highway and the proposed connection). • Drainage calculations and other pertinent data. • Driveway, auxiliary lanes and crossover pavement design, including subgrade, base, surface materials, and thicknesses. • Specific requirements tor design information on individual Cat- egory I permit applications may be relaxed, or waived, at the discre- tion of the department. (v) Joint driveway use. • If the driveway is to serve more than one property, the plan shall detail information for all properties using the connection and the application shall include copies of legally enforceable agreements of concurrence for all property owners on joint driveway usage. • Joint driveway use serving adjoining properties is encouraged on all highways and may be required on some highways, pursuant to rules adopted by the department. (3) Additional information required, Category II and Category III permits. The following is a list of additional information that may be required for each phase of the development from the applicant. Prior to the submittal of the application, the applicant shall coordi- nate with the appropriate designated local office of the department on the level of detail and the analysis techniques to be used. (a) Circulation plans. All parking, interior drives, and inter- nal trarEic circulation plans. (b) Connection users. All internal and external adjacent parcels which will use the requested connection. All existing and proposed connecting roadways and potential means of alternate access through the final buildout stage of development shall be shown on the plans submitted with the application. (c) Traffic control devices and illumination. Proposed traffic control devices and lighting locations. (d) Sight distance. Analysis of horizontal and vertical sight distance on the state highway with respect to the proposed connection. (e) Traffic data and analysis. Traffic data submitted by the applicant shall be signed and sealed by a qualified professional engi- neer, registered in accordance with chapter 18.43 RCW. The following traffic study information may be required: (i) Turning movements. Vehicle turning movements for present and future traffic conditions. (ii) Volume and type. Amount and type of traffic that will be generated by the proposed development including a breakdown of antici- pated peak hour traffic and an analysis of the impact on the level of service on the state highway. (iii) Parking and circulation. Analysis of off-street parking and traffic circulation, including distances to secondary access points on the connection roadway and their impact on the operation of the state highway. (iv) Traffic signal data. If a traffic signal is requested, the following studies may be required Traffic signal warrants; phasing and timing analysis, signal progression analysis; signalization, sign- ing, and lighting plans in conformance with department standards. A separate department traffic signal permit is required. (v) Off-site improvements. A traffic analysis to determine the need for off-site related roadway and geometric improvements and miti- gation requirements. (vi) Traffic control plan. A traffic control plan conforming to current department standards set forth in the "Manual on Uniform Traf- fic Control Devices," documenting how the permittee will provide for ( 7 ) OTS -6183 2 safe and efficient movement on the state highway system during the construction of the connection. (4) Additional information required, Category IV permits. Permit applications must contain the specific dates that the connection is to be open and must contain assurances acceptable to the department that the shoulder, curbing, sidewalks, bikeways, ditch, right of way, and any other amenities will be restored to their original condition at the permittee's expense upon closure of the temporary connection. NEW SECTION WAC 468-51-070 FEES AND SURETY 8010. (1) Fee structure. The following nonrefundable fee structure is established for department application processing, review, and inspection. Full payment of base fees by certified check or money order made payable to the state of Washington, department of transportation, must accompany the permit application. Due to the potential complexity of Category II and Cate- gory III connection proposals, and required mitigation measures that may involve construction on the state highway, the department may require a developer agreement in addition to the connection permit. The developer agreement may include, but is not limited to- Plans, specifications, maintenance requirements; bonding requirements, inspection requirements; division of costs by the parties, where applicable, and provisions for payment by the applicant of actual costs incurred by the department in the review and administration of the applicant's proposal that exceed the required base fees in the following schedule (a) Category I base fees for one connection. (i) Field (agricultural), forest lands, utility operation and maintenance $ 50 (ii) Residential dwelling units (up to 10) utilizing a single connection point $ 50 per dwelling unit (iii) Other, with 100 ADT or less $ 500 (iv) Fee per additional connection point $ 50 (b) Category II base fees for one connection. (i) Less than 1,000 ADT $1,000 (ii) 1,000 to 1,500 ADT $1,500 (iii) Fee per additional connection point $ 250 (c) Category III base fees for one connection. (i) 1,500 to 2,500 ADT $2,500 (ii) Over 2,500 ADT $4,000 (iii) Fee per additional connection point $1,000 (d) Category IV base fee per connection $ 100 (2) Surety bond. Prior to the beginning of construction of any Category II or Category /II connection, the department may require the permittee to provide a surety bond as specified in WAC 468-34-020(3). ( 8 ] oTS -6183.2 NEW SECTION WAC 468-51-080 APPLICATION SUBMITTAL, REVIEW, CONDITIONS. (1) Application submittal. The application shall be submitted to the des- ignated local department office serving the area. The application shall be properly prepared, clearly completed, and signed. Informa- tion on the specific number of copies to be provided and other submit- tal information is available from the designated local department office. (2) Application review, processing, and approval. Upon receipt of the application, the application shall be reviewed consistent with the provisions of this chapter. If the department identifies errors in the application or if additional information is required, the department will notify the applicant. Applicants must provide such information or correct errors within thirty days of the notification. If the applicant determines that the time to provide additional or corrected information is insufficient, the applicant shall contact the department in writing to request additional time be approved. If the additional or corrected information has not been received by the department within thirty days or the approved time period agreed to, the application will be withdrawn. (a) Review. Upon timely receipt of all required information, or upon expiration of the time period for receipt of additional or cor- rected information, the location and design of the connection shall be examined for consistency with current department location, quantity, spacing, classifications, and department design standards. The review shall also include an analysis of the impact of the site's existing and projected traffic on the operation and safety of the state highway. (b) Concurrence or denial, notice. If the department concurs in the location and design of the proposed connection, written notifica- tion of that concurrence will be sent to the applicant and to the local governmental land use planning authority having jurisdiction over the development. If the applicant has gone through the voluntary conceptual review process, the written notice of concurrence will Indicate whether or not there have been any changes in the number, location, or design of the connection required by the department. No construction may commence on the department's right of way until all necessary department and local governmental permits are issued in accordance with (c) of this subsection. If the department does not concur in the connection location, quantity, or design, both the applicant and the local governmental land use planning authority hav- ing jurisdiction over the development approval shall be notified, in writing, indicating the department's intent to deny the connection as proposed in the application. The written notification shall state the specific reasons for the intent to deny the connection, the process for submitting an amended application, and the appeal rights of the applicant. The applicant may submit a revised application within thirty days based on department comments and concerns as stated in the notification. The submittal of a revised application within thirty days shall not require the payment of any additional application fees. Submittal of a revised permit is not a prerequisite for a request for an adjudicative proceeding pursuant to WAC 468-51-150. (c) Permit issuance. The department shall issue the connection permit after review and concurrence that the application and the loca- tion and design of the connection comply with the requirements of this chapter, and after either: (1) The applicant has reLeived development approval from the appropriate local governmental land use planning authority, or (ii) Other interagency coordination procedures in effect are sat- isfied for development approval by the local governmental land use planning authority. The applicant must be in compliance with the surety bond require- ments specified in the permit prior to construction, in accordance with WAC 468-51-070. [ 9 ] OTS -6183:2 (d) Request for adjudicative proceedings. In the event of a denial of a connection as proposed in the application, the applicant may apply for an adjudicative proceeding pursuant to WAC 468 -51-150. (3) Permit conditions. Any special requirements or provisions for the connection including off-site mitigation shall be clearly and specifically identified as part of the permit. Failure by the appli- cant or permittee to abide by the permit provisions shall be suffi- cient cause for the department to initiate action to alter the connection or to revoke the permit and close the connection at the expense of the permittee. The permit requirements shall be binding on the permittee, the permittee's successors, heirs and assigns, the per- mit application signators, and all future owners and occupants of the property. The applicant may challenge the permit conditions by apply- ing for an adjudicative proceeding pursuant to WAC 468-51-150. NEW SECTION WAC 468-51-090 CONSTRUCTION REQUIREMENTS. (1) Preconstruction conference. The department may require a preconstruction conference prior to any work being performed on the department's right of way. When required by provisions in the permit, the department will sched- ule a preconstruction conference. The preconstruction conference should be attended by the necessary personnel to assure compliance with the terms and provisions of the permit. (2) Time limit. Substantial construction ot the connection shall begin within ninety days of the effective date of the permit, unless a longer time is approved by the department or a time extension is requested by the applicant and approved by the department. Construc- tion shall be completed within one hundred twenty days of the date of issuance of the permit, unless a time extension is approved by the department. As a condition of the permit, the department may further limit construction time, if the department determines that such limi- tation is warranted. Failure to comply with the time limits specified in the permit shall result in an automatic expiration of the permit following written notification to the permittee. For any permit which expires for failure to begin construction or to complete construction within the specified time limits, the department may require a new application, including the payment of the required application fee prior to the initiation of any construction. (3) Posting of permit. The approved connection permit shall be displayed in a prominent location, protected from the weather, within the vicinity of the connection construction. (4) Disruption of traffic. All construction and/or maintenance within department right of way shall conform to the provisions of the connection permit, the "Manual on Uniform Traffic Control Devices" (MUTCD), the department's current "Design manual," and the current "Standard Specifications for Road, Bridge, and Municipal Construc- tion." The department may require or restrict hours of construction to minimize disruption of traffic on the state highway system. If construction activity within the department's right of way causes undue disruption of traffic or creates safety hazards on a state high- way, or if the construction activity is not in compliance with the traffic control specifications in the permit, the department shall advise the permittee or the permittee's contractor of the need for immediate corrective action, and may order immediate suspension of all or part of the work if deemed necessary. Failure to comply with this provision may result in permit modification or revocation. (5) Traffic signals and other traffic control devices. Traffic signals and other traffic control devices installed by permittee shall conform to MUTCD and department design and construction standards. The permittee is responsible for securing any state and local permits needed for traffic stgnalization and regulatory signing and marking. ( 10 ] °TS-6183:2 (6) Connection construction inspection. For Category It and Cat- egory III connections, the department may require the permittee, the developer, or landowner to provide inspection of construction and cer- tification that connection construction is in accordance with permit provisions and appropriate department standards by a professional engineer, registered in accordance with chapter 18.43 HCW, or the department may do the inspection at the applicant's expense, as pro- vided in the developer agreement. NEW SECTION WAC 468-51-100 NONCONFORMING CONNECTION PERMITS. The department may issue a permit for a connection not meeting department location and spacing criteria standards if it finds that a conforming connec- tion is not attainable at the time of the permit application submittal and that denial would leave the property without a reasonable means of connection to the public road system. The department may issue a con- nection permit requiring a legally enforceable joint-use connection when determined to be in the best interest of the state for restoring or maintaining the operational efficiency and safety of the state highway. Nonconforming connection permits shall specify conditions or limits including: (1) Traffic volume. The maximum vehicular usage of the connec- tion shall be specified in the permit. (2) Future alternate access. The permit shall specify that a conforming connection be constructed when future alternate means of access become available, and that the nonconforming connection be removed. (3) Users. The permit shall specify the properties to be served by the connection, and any other conditions as necessary to carry out the provisions of chapter 47.50 RCW. NEW SECTION WAC 468-51-110 CHANGES IN PROPERTY SITE USE. The connection permit is issued to the permittee for a particular type DE land use generating specific projected traffic volumes at the final stage of proposed development. Any significant changes made in the use, inten- sity of development, type of traffic, or traffic flow of the property requires the permittee, their assignee, or property owner to contact the department to determine if a new permit and modifications to the connection are required. If modification of the existing connection is required, based on a significant change as determined by the department, the permittee shall acquire a new permit prior to the ini- tiation of any on-site construction to the connection or to the property. (1) Significant change. A significant change is one that would cause a change in the category of the connection permit or one that causes an operational, safety, or maintenance problem on the state highway system as documented by an engInPering study signed and sealed by a professional engineer, registered in accordance with chapter 18.43 RCW. (2) Notification. Failure to contact the department to determine the need for connection modifications or to apply for a new permit for such modifications prior to initiation of property improvements, land use changes or traffic flow alteration actions shall result in notifi- cation to the property owner of intent to revoke the existing permit and closure of the connection to the property. OTS -6183:2 (3) Costs. The permittee is responsible for all costs associated with connection removal, relocation, or modification caused by increased or altered traffic rlows necessitated by changes to facili- ties, use, or to the nature of the business on the property. NEW SECTION WAC 468-51-120 PERMIT MODIFICATION, REVOCATION, CLOSURE OF PER- MITTED CONNECTIONS. (1) Revocation criteria. All connection permits issued by the department prior to the effective date of this chapter remain valid until revoked. The department may initiate action to revoke any permit if significant changes have occurred in the use, design, or traffic flow of the property requiring the relocation, alteration, or closure of the connection; if the connection was not constructed at the location or to the design specified in the permit, or if the permit provisions were not met; or if the connection causes a safety or operational problem on the state highway system. The pro- cess to be followed by the department in the revocation of permits shall be consistent with the requirements of chapter 34.05 RCW and WAC 468-51-150. The notification process is as follows. (a) Notification, correction of dericiencies. The department shall serve notice, in accordance with rules adopted pursuant to chap- ter 34.05 RCW, to the permittee, permittee's successors or assigns, or property owner with a copy to the occupant, for any connection found to be in noncompliance with the conditions of the permit or this chap- ter. The notice will identify and request that the deficiencies be corrected within thirty days of service of the notice. The notice shall further advise that the department's determination of noncompli- ance or deficiencies shall become final and conclusive thirty calendar days following service of the notice unless the violations are cor- rected or an adjudicative proceeding pursuant to chapter 34.05 RCW and WAC 468-51-150 is requested by the pereattee, permittee's successor or assigns, or the property owner. (2) Costs. The permittee, assignee, or property owner shall be responsible for the costs of closure due to [evocation of a connection permit pursuant to WAC 468-51-120. (3) Emergency action. This chapter shall not restrict the department's right to take immediate remedial action, including the closure of a connection if there is an immediate and serious danger to the public health, safety, and welfare, pursuant to chapter 47.32 RCW. In such event, the department shall conform to the provisions for emergency adjudicative proceedings in RCw 34.05 479 and rules adopted thereunder. NEW SECTION wAC 468-51-130 CLOSURE OF UNPERmITTED CONNECTIONS. Closure cri- teria, permit requirements. Any unpermitted connections to the state highway system which were in existence on July 1, 1990, shall not require the issuance of a permit and -ay continue to proride connec- tion to the state highway system, unless the property owner had received written notification initiating connection closure from the department prior to July 1, 1990, or unless the department determines that the unpermitted connection does not meet minimum acceptable stan- dards of highway safety. The department may require that a permit be obtained if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If a permit is not obtained, the department may initiate action to close the unpermitted connection point pursuant to RCw [ 12 ] C. OTS -6183:2 47.50.040. Any unpermitted connection opened subsequent to July 1, 1990, is subject to closure by the department. The process to be fol- lowed by the department in the closure of an unpermitted connection shall be consistent with chapter 34.05 RCW and rules adopted thereun- der. The notification process is as follows: (1) Notification. The department shall serve notice, in accord- ance with rules adopted pursuant to chapter 34.05 RCW, upon the prop- erty owner of a connection to a state highway which is found by the department to be unpermitted. This notice shall clearly describe the highway connection violation and shall establish a thirty-day time limit for either applying for a connection permit or requesting an adjudicative proceeding pursuant to chapter 34.05 RCW. The sole issue to be determined at the adjudicative proceeding is whether a permit should be required. The notice will further advise the property owner that failure to act in either of the prescribed ways within the time period will result in department closure of the unpermitted connection. (2) Permit application. If a permit application is filed within the thirty days, and the application is denied, the department shall notify the property owner of the denial. The property owner may then proceed with the permit application revision process set forth in WAC 468-51-080 or request an adjudicative proceeding pursuant to WAC 468- 51-150 within thirty days. Failure to act in either of those pre- scribed ways within the time period set forth in the rules will result in department closure of the unpermitted connection. If the location and design of the connection in the permit application are acceptable to the department, the existing connection may continue to be used for a specified period of time or until the connection specified in the permit application is constructed. (3) Approval conditions. Modifications, relocation, or closure of unpermitted connections may be required by the department as a requirement of permit approval, subject to the adjudicative proceed- ings provisions of WAC 468-51-150. NEW SECTION WAC 468-51-140 DEPARTMENT CONSTRUCTION PROJECrS. During con- struction of department projects, connections will be provided as replacements for existing approved permitted connections, that are consistent with all current department spacing, location, and design standards, based on the following conditions: (1) Nonconforming connections. All nonconforming connections will be examined to determine if the construction project will require relocation, alteration, or closure of the connection to make it conforming. (2) Application of current standards. The number and location of connections shall be modified to the maximum extent possible to meet current department spacing, location, and design standards. Where current department standards cannot be met, the connection shall be classified as nonconforming. (3) New connections, modifications. The department shall allow new or require modification of existing connections if a connection permit application is made and approved. (4) Replacement of existing conructions. 4hen connections are made as part of a department construction project replacing existing connection points without material differences, no additional permit shall be required. (5) New connections--Cost. The construction of new connection points, if approved by the department, shall be done at the owner's expense by either the department's contractor as part of the roadway improvement or by the owner's contractor at the department's option. [ 13 ) OTS-6183.2 ' (6) Modifications--Cost. If the modification of the connection point is more extensive than the routine replacement of an existing connection, the owner shall also participate in the differential cost. (7) Work by permittee's contractor. The department shall require that work done by the owner's contractor be accomplished at the com- pletion of the department's contract or be scheduled so as not to interfere with the department's contractor. The department may require a surety bond prior to construction of the connection in accordance with VAC 468-51-070. NEW SECTION VAC 468-51-150 ADJUDICATIVE PROCEEDINGS. (1) Application. Any person who is the recipient or otherwise has standing to challenge the denial of a permit application pursuant to VAC 468-51-080, a permit with conditions pursuant to WAC 468-51-080, a notice of permit modifi- cation, revocation, or closure of permitted connection pursuant to WAC 468-51-120; or notice of closure of an unpermitted connection pursuant to WAC 468-51-130 may apply for an adjudicative proceeding on the mat- ter pursuant to chapter 34.05 RCW and rules adopted thereunder within thirty days of the date the initial determination of the department is mailed to the recipient. (2) Conduct. Thereafter, and within the times set forth by chap- ter 34.05 RCV, the department shall convene an adjudicative proceeding or a brief adjudicative proceeding as is deemed apvropriate by the department. The proceeding shall be conducted pursuant to chapter 34.05 RCW and rules adopted thereunder. (3) Brief adjudicative hearings. The department hereby adopts RCW 34.05.482 through 34.05.494 pertaining to brief adjudicative pro- ceedings for purposes of hearing challenges under the provisions listed in subsection (1) of this section. (4) Failure to apply. Failure to apply for an adjudicative pro- ceeding within the times set forth in subsection (1) of this section shall result in the adoption of the department's initial determination as its final determination. (5) Failure to participate. Failure to attend or otherwise par- ticipate in an adjudicative proceeding or brief adjudicative proceed- ing may result in a finding of default. % ( 1 14 ] Chapter 47 50 _HIGHWAY ACCFSS MANAGFMENF See Notts 47 50 010 Itallogc Acct. ss 47 SO 020 Dc linitions—Aecc cc 47 50 030 Regulating connections 47 50 040 Acct cc pt. rinng 47 50050 Permit fee Highway Access Management Chapter 47 50 Effective date--1991 c 202 '1 his act is necessary for the immediate ,47 50060 Pemut review motes% preservation of the public peace health or safety or support of the state 47 50 070 Permit conditions govenunent and its existing public institutions and shall take effect July 1 47 50 080 Permit removal 1991 [1991 c 202 § 241 47 50 090 ACLLAS management standards Severability-1991 c 202 If any provision of this act or its 47 50 010 Findings—Access (1) The legislature finds that (a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement of people and goods within the state, (b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the prolifera- tion of connections and other access approaches to and from the state highway system Without such a program, the health, safety, and welfare of the residents of this state are at nsk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the n congestion and functional deterioration of the system, and (c) The development of an access management program in accordance with this chapter will enhance the develop- ment of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss, mitigate environmental degradation, promote sound economic growth and the growth management goals of the state, reduce highway maintenance 'costs and the necessity for costly traffic operations measures, lengthen the effective life of transportation facilities in the state, thus preserving the public investment in such facilities, and shorten response time for emergency vehicles (2) In furtherance of these findings, all state highways ,are hereby declared to be controlled access facilities as 'defined in RCW 47 50 020, except those highways that are A iidefined as limited access facilities in chapter 47 52 RCW a (3) It is the policy of the legislature that ,i•i (a) The access rights of an owner of property abutting the state highway system ale subordinate to the public's right ' and interest in a sate and efficient highway system, and (b) Every owner of property which abuts a state f highway has a right to reasonable access to that highway, ' ubless such access has been acquired pursuant to chapter 47 52 RCW, but may not have the right of a particular leans of access The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable 1,11Ccess can be provided to another public road which abuts t:tlie property , '(4) The legislature declares that it is the purpose of this t;cluipter to provide a coordinated planning process for the ,10eimitting of access points on the state highway system to 'effectuate the findings and policies under this section :t?"1 (5) Nothing in this chapter shall affect the right to full Vapensation under section 16, Article I of the state Consti- tution [1991 c 202 § 1 ] Ow Captions not law-1991 c 202 Section captions and part headings tAl used in this act do not constitute any part of the law ' 11991 c 202 § f22I This act consists of chapter 47 50 RCW and RCW 70 94 521 through 1 7094 551 application to any person or circumstance is held invalid the remainder of the act or the application of the provision to other persons or circumstances is not affected [1991 e 202 § 25 1 47 50 020 Definitions—Access Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter (1) "Controlled access facility" means a transportation facility to which access is regulated by the governmental entity having jurisdiction over the facility Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity (2) "Connection" means approaches, driveways, turn- outs, or other means of providing for the right of access to or from controlled access facilities on the state highway system (3) "Permitting authority" means the department for connections in unincorporated areas or a city or town within incorporated areas which are authonzed to regulate access to state highways pursuant to chapter 47 24 RCW [1991 c 202 § 2J Captions not law—Effective date—Severability-1991 c 202 See notes following RCW 47 50 010 47 50 030 Regulating connections (1) Vehicular access and connections to or from the state highway system shall be regulated by the permitting authority in accordance with the provisions of this chapter in order to protect the public health, safety, and welfare (2) The department shall by July I, 1992, adopt admin- istrative procedures pursuant to chapter 34 05 RCW which establish state highway access standards and rules for its issuance and modification of access permits, closing of un- permitted connections, 'evocation of permits, and waiver provisions in ,iccordance with this eliaptcr Hie department shall consult with the association of Washington cities and obtain concurrence of the city design standards committee as established by RCW 35 78 030 in the development and adoption of rules for access standards for city streets designated as state highways under chapter 47 24 RCW (3) Cities and towns shall, no later than July 1, 1993, adopt standards for access permitting on streets designated as state highways which meet or exceed the department's standards, provided that such standards may not be inconsis- tent with standards adopted by the department [1991 c 202 § 3 Captions not law—Effective date—Severability-1991 c 202 See notes following RCW 47 50 010 47 50.040 Access permits (1) No connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs 47 50 040 litic 47 ILCIN Public Highways and I ransportation or altcrs the connection in accoidance with the permit ie- quirements (2)lhe cost of LOIN! Uti1011 or alteration of a connection shall be borne by the peinuttee except for alterations which are not required by law oi administrative i tile, but ale made at the request of and for the convenience of the permitting authority I he permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to MU eased or altered traffic flows generated by changes in the permittee 's facilities or nature of business conducted at the location specified in the permit (3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropri- ate permitting authority which shall have the right to install barriers across or remove the connection When the permit- ting authority determines that a connection is unpermitted and subject to closuie, it shall provide reasonable notice of its impending action to the owner of property served by the connection The permitting authority s procedures for providing nonce and pieventing the opciation (il unpeinutted connccnons sh ill ht. adoptcd by i iil 11991 c 202 § 4 1 ( options not low--I Iii tivt don robility -1991 202 Su. 'inks lollowmg NV 47 50 010 47 50 050 Pet hilt fee [lie department shall establish by rule a schedule of fees for peimit applications made to the department I he fee shall be nonrefundable and shall be used only to offset the costs of administering the access permit review process and the costs associated with adminis- tering the provisions of this chapter 11991 c 202 § 5 1 Captions not law—Effective date—Severaliddy-1991 c 202 See notes following RCW 47 50 010 47 50 060 Permit review process The review process for access permit applications made by the depart- ment shall be as follows Any person seeking an access permit shall file an application with the department The department by rule shall establish application form and content requirements -the fee required by RCW 47 50 050 must accompany the applications [1991 c 202 § 6 I Captions not law—Effective date—Severability-1991 c 202 See notes following RCW 47 50 010 47 50 070 Permit conditions The permitting authori- ty may issue a permit subject to any conditions necessary to carry out the provisions of this chapter, including, but not limited to, requiring the use of a joint-use connection The permitting authority may revoke a permit if the applicant fails to comply with the conditions upon which the issuance of the peinut was predicated 11991 c 202 § 7 Captions not law-1. elective date—Severalnlity-1991 c 202 See notes following RCW 47 50010 47 50 080 Permit removal (I) Unpernutted connec- tions to the state highway system in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use design or traffic flow of the connection or of the state highv,ay to which it provides access If a permit is not obtained the connection may be closed pursuant to RCW 47 50 040 (2) Access permits granted prior to adoption of the permitting authorities standards shall remain s Mid until modified or revoked Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991 The permitting authority may, after written notification, under rules adopted in accordance with RCW 47 50 030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection (3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state Fvery nonconform- ing access permit shall specify limits on the maximum vchiculai use of ihic Limn« lion and «inditioncd on the availability of luttnc alkinatiN, I- iiieaii' of I1Ld55 for which acccss pumits can ht. obtannAl 11991 1 202 § g 1 Captions not law—F [Teethe datc—NC‘Crallilii{-1991 s. 202 See notes following RCW 47 SO 010 47 50 090 Access management standards (I) The department shall develop, adopt, and maintain an access control classification system for all routes on the state highway system, the purpose of which shall be to provide for the implementation and continuing applications of the provision of this chapter (2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of access to state highways (3) The control classification system shall be developed consistent with the following (a) The department shall, no later than January I, 1993, adopt rules setting forth procedures governing the implemen- tation of the access control classification system required by this chapter The rule shall provide for input from the entities described in (b) of this subsection as well as for public meetings to discuss the access control classification system Nothing in this chapter shall affect the validity of the department 's existing or subsequently adopted rules concerning access to the state highway system Such rules shall remain in effect until repealed or replaced by the rules required by this chapter (b) The access control classification system shall be developed in cooperation with counties cities and towns, the *state department of community development, regional transportation planning organizations and other local governmental entities, and for city streets designated as state highways pursuant to chapter 47 24 RCW, adopted with the concurrence of the city design standards committee (c) The rule required by this section shall provide that assignment of a road segment to a specific access category be made in consideration of the following criteria (i) Local land use plans and zoning as set forth in comprehensive plans, Mlle 47 RCW—page 1301 (1994 E4.) (ii) The current functional classification as well as potential future functional classification of each road on the state highway system, (m) Existing and projected traffic volumes, (iv) Existing and projected state, local, and metropolitan planning organization transportation plans and needs, (v) Drainage requirements, (vi) The character of lands adjoining the highway, (vii) The type and volume of traffic requiring access, (yin) Other operational aspects of access, (ix) The availability of reasonable access by way of county roads and city streets to a state highway, and (x) The cumulative effect of existing and projected connections on the state highway system's ability to provide for the sate and efficient movement of people and goods within the state (d) Acccss management standards shall include, but not be limited to, connection location standards, safety factors, design and construction standards, desired levels of service, traffic control devices, and effective maintenance of the roads Thc standards shall also contain minimum require- ments for the spacing of connections, intersecting streets, roads, and highways (e) An access control category shall be assigned to each segment of the state highway system by July 1, 1993 [1991 c 202 § 9 1 *Reviser's note Powers duties and functions of the department of community development and the department of trade and economic development were transferred to the department of community trade and economic development by 1993 c 280 effective July 1 1994 Captions not law—Effective date—Severability-1991 c 202 See notes following RCW 47 50 010 \ < TRANSACTION REPORT > 06-06-1995 ( TUE ) 09 25 c -r R on, NJ S r-1 I -r 3 NO DATE TIME DESTINATION STATION PG DURATION riODE RESULT 7053 6-06 09 22 15095821453 0° 02 56 NORM E OK 7 0 02 56 COUNTY OF BENTON SS STATE OF WASHINGTON GERALD WALL , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 4$320-ORD #7037AN as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, I time(s), commencing on 06 /11 P5 , and ending on (DC! 11 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF „010 100 ; sae 9g . b‘.e. M rice/4, 'P ‘i 4•••• 'It° 0 .. • .... •.-- (-• ,.. i SmotaryC:blic L:and for the State of Wash- :71 r ttOT AR le 1: Z lk P U BLIP ; Zington, residing at I EN NEW I Cr WA . .. 1.4a cf9-' 471 4 .1.,_ •,,,::0014,4F1.1.112..mi 4,..:.t•-:0:: i? COMMISSION EXPIRES 2> 2- '9 cY -,,, -v4 0 dc No• _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLD TO FASCO, CITY OF LEGALS P.O. BOX 29: PASCO WA 39301 DATE 06/13/ 35 LEGAL NO E920 ACCOUNT NO -.0550 DESCRIPTION #920 -ORE' 44.:037AN TIMES 001 INCHES 7.10 TOTAL S 73 . 7 ,3 NOTOCE This Is an Invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment - •fIe 1 ORDIN NCE 30 t — , i 87 AN ORI iNANCit relating to the re ulation 'and con- ) trol of vehicular actiss and connection pour of ingress to and egress -t om i the State Highway System I within incorporated areas of the City of Pasco WHEREAS the legislature i of the State of Washington , passed chapter 47 50 RCW which requires cities and towns having non- limited access state high- ways within their city limits to adopt formal access standards for these routes and WHEREAS the Washing- ton State Department of Transportation has adopted access standards under chapter 468-51 WAC and chapter 468 52 WAG for guidance in application of the provision of chapter 47 50 RCW THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS §1 The City of Pasco shall apply the provisions of Chapter 47 50 RCW chap- ter 468 51 WAC and chap- ter 468-52 WAC as they now exist and as they may be amended from time to time in the review of access issues relating to State Route 397 A copy of Chapter 47 50 RCW and of chapters 468-51 and 468 52 WAC as they now exist are adopted by refer- ence attached to this ordi nance and by this refer ence incorporated herein A copy of each referenced item so adopted shall be maintained in the office of the City Clerk for use and examination by members of the public §2 The City of Pasco with concurrence by the Wash- ington State Department of Transportation hereby es- tablishes that portion of State Route 397 passing through the limits of the City of Pasco as a Class S access control facility sub- ject to the provisions listed under chapter 468-52 040(3) WAC §3 This Ordinance shall take effect five (S) days after passage and publica- tion Passed by the City Council of the City of Pasco at a regular meeting this 5 day June 1995 City of Pasco -s- Charles Kilbury Mayor Pro-tem Attest S Catherine D Seaman Deputy City Clerk Appro/s-2, Ao Tcl cirm -s Greg PADsteilo City Attorney #920 - 6/11/95 FFil F ME311.fiCAYUCM 01000 1 111 1 11 111111P p oo L.` P 0 BOX 293, 525 NORTH 3RD AVENUE, PASCO, WASHINGTON 99301 1 FINANCE DEPARTMENT (509)545-3401 / Scan 726 -3401 / Fax (509)545-3403 June 6, 1995 'Fri-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordmance(s) No 3086-3090 on the following date June 11, 1995 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included