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Ordinance 30180006.90000 WSS /mis 04/05/95 ORDINANCE NO. 3018 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING BY REFERENCE RCW 47.50 RELATING TO HIGHWAY ACCESS MANAGEMENT AND WAC 468 -51 WHICH IMPLEMENTS RCW 47.50, DIRECTING CLERK TO MAINTAIN COPIES THEREOF AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the State of Washington and its legislature have adopted laws for the regulation and control of vehicular access and connection points of ingress to and egress from the state highway system; and WHEREAS, the state highway system runs within the incorporated areas of Edmonds, Washington; and WHEREAS, the City Council deems it to be in the public interest to adopt by reference the state statute, RCW 47.50 concerning HIGHWAY ACCESS MANAGEMENT and WAC 468 -51 which codifies the procedural requirements of RCW 47.50, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 18.80 of the Edmonds Community Development Code is hereby amended by adding new section 18.80.005 as follows: 18.80.005 Highway Access Management -- Administrative Process The following state statute, including all future amendments, are adopted by reference: 98826 -1- A. RCW 47.50 Highway Access Management Act, and WAC 468 -51 which codifies the procedural requirements of RCW 47.50. Section 2. The City Clerk is hereby directed to maintain file copies of Chapter 47.50 RCW and Chapter 468 -51 WAC as the same exist and are hereafter amended for the review and inspection of public. Copies of said chapters are attached as Exhibits A & B hereto and incorporated by this reference as fully as if set forth herein in full. Section 3. This ordinance shall take effect and be in full force (5) days after publication of the attached summary which is hereby approved. APPROVED: •� ATTEST /AUTHENTICATED: C Y CLERK, �RH06NDIA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 4/6/95 PASSED BY THE CITY COUNCIL: 418/95 PUBLISHED: 4/23/95 EFFECTIVE DATE: 4/28/95 ORDINANCE NO. 301 R 98826 -2- 47.48.010 Title 47 RCW: Public Highways and Transportation or city street, either newly or previously constructed, altered, repaired, or improved, or any part thereof is such that for any reason its unrestricted use or continued use by vehicles or by any class of vehicles will greatly damage that state highway, county road, or city street, or will be dangerous to traffic, or it is being constructed, altered, repaired, improved, or maintained in such a manner as to require that use of the state highway, county road, or city street, or any portion thereof be closed or restricted as to all vehicles or any class of vehicles for any period of time, the secretary, if it is a state highway, the county legislative authority, if it is a county road, or the governing body of any city or town, if it is a city street, is authorized to close the state highway, county road, or city street, as the case may be, to travel by all vehicles or by any class of vehicles, or may declare a lower maximum speed for any class of vehicles, for such a definite period as it shall determine. Nothing in the law of this state prevents the secretary, county legislative authority, or governing body of any city or town from classifying vehicles according to gross weight, axle weight, height, width, length, braking area, performance, vehicle combina- tions, or tire equipment for the purposes of this section, or from restricting the use of any portion of any state highway, county road, or city street, as the case may be, to its use by an urban public transportation system. [1984 c 7 § 238; 1977 ex.s. c 216 § 1; 1967 c 108 § 9; 1961 c 13 § 47.48.010. Prior: 1937 c 53 § 65; RRS § 6400 -65; prior: 1929c214§ 1; 1927c232§ 1; 1921 c21 § 1; RRS§ 6839.] Severabllity -1984 c 7: See note following RCW 47.01.141. Restrictions on public highways to prevent damage: RCW 46.44.080. Urban public transportation system defined: RCW 47.04.082. 47.48.020 Notice of closure or restriction — Emergency closure. Before any state highway, county road, or city street is closed to, or the maximum speed limit thereon reduced for, all vehicles or any class of vehicles, a notice thereof including the effective date shall be published in one issue of a newspaper of general circulation in the county or city or town in which such state highway, county road, or city street or any portion thereof to be closed is located; and a like notice shall be posted on or prior to the date of publication of such notice in a conspicuous place at each end of the state highway, county road, or city street or portion thereof to be closed or restricted: PROVIDED, That no such state highway, county road, or city street or portion thereof may be closed sooner than three days after the publication and the posting of the notice herein provided for: PROVIDED, HOWEVER, That in cases of emergency or conditions in which the maximum time the closure will be in effect is twelve hours or less the proper officers may, without publication or delay, close state highways, county roads, and city streets temporarily by posting notices at each end of the closed portion thereof and at all intersecting state highways if the closing be of a portion of a state highway, at all intersecting state highways and county roads if the closing be a portion of a county road, and at all intersecting city streets if the closing be of a city street. In all emergen- cy cases or conditions in which the maximum time the closure will be in effect is twelve hours or less, as herein provided, the orders of the proper authorities shall be immediately effective. [1982 c 145 § 5; 1977 ex.s. c 216 § 2; 1961 c 13 § 47.48.020. Prior: 1937 c 53 § 66, part; RRS § 6400 -66, part; prior: 1921 c 21 § 2, part; RRS § 6840, part. Formerly RCW 47.48.020 and 47.48.030.] 47.48.031 Emergency closures by state patrol. (1) Whenever the chief or another officer of the state patrol determines on the basis of a traffic investigation that an emergency exists or less than safe road conditions exist due to human- caused or natural disasters or extreme weather conditions upon any state highway, or any part thereof, state patrol officers may determine and declare closures and temporarily reroute traffic from any such affected highway. (2) Any alteration of vehicular traffic on any state highway due to closure in emergency conditions is effective until such alteration has been approved or altered by the secretary of transportation or other department of transportation authorities in their local respective jurisdic- tions. (3) All state highway closures by officers of the state patrol shall be immediately reported to the secretary of transportation and to other authorities in their local jurisdic- tions. [1981 c 197 § 1.] 47.48.040 Penalty. When any state.highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm or corporation disregarding such closing or reduced speed limit shall be guilty of a misde- meanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit. [1977 ex.s. c 216 § 3; 1961 c 13 § 47.48.040. Prior: 1937 c 53 § 67; RRS § 6400 -67; prior: 1921 c 21 § 3; RRS § 6841.] 47.48.050 Transportation of radioactive or hazaW- ous cargo— Deimition— Violation, penalty. The chief or other officer of the Washington state patrol may prohibit the transportation of placarded radioactive or hazardous cargo over the highways of the state, or a portion thereof, if weather or other conditions create a substantial risk to public safety. For the purposes of this section hazardous cargo shall mean hazardous materials as defined in RCW 70.136.020(1). Violation of an order issued under this section constitutes a misdemeanor. [1983 c 205 § 1.] Regulations on notice of prohibition on radioactive or hazardous cargo: RCW 47.01.270. Chapter 47.50 HIGHWAY ACCESS MANAGEMENT Sections 47.50.010 Findings — Access. 47.50.020 Definitions— Access. 47.50.030 Regulating connections. 47.50.040 Access permits. (Title 47 RCW --page 1291 (1994 SO i. f .e A ty n ch re- of on he 4a )et, ing or: fr'dor the ,rgo f, if blic trgo CW this argo: is 44 PI , Highway Access Management {47M.05D+ Permit - , , _ .. ,47;50:069 Permit tepiew,proc ess. 'r 4i_ke0 Permit conditions. �/.�0�80 "' PecitrirtttitDval: ` > ' •`�. t " ., 47.50. 90 'Access iE Cmefltb3an�ds. In : o;n' l,: ?• i�;�+jtr;�)ti�rJt• ..t'. .i :ts- — ... , fi) °�ql�. y'01Ds d "=Aooess: (1)''I le lagislattue Ennis iw`L t �ifegi ott'o€ access'3o Mlle stafe'lilihway. sysWIhIs sary�iit'M-di- tti'protect thb public ,hiWth, safety , and _d lfaf to'prC's`eftte tlteTfunctioiihl int�grity,ofthe state `h�tgKway•jtstam, a'nd fo proritbte�`tlie safe'-and e-fficie-ift AM aeiif `df"pe Ok%iid f soils Athifi `tfie state; f fire) T3ie e`vblopiment 'an'acces"s.'manageriteht pr'ogtami, liinee(With this'cfiapter; which''cii6rd hates jair3 use P 9nn n ifecisit_itis bjlocal governrnehfs -atid-investiddiit5,ii r 'fie! ` s' y syste fi',- vill love to:c6ntio C e prMera- �aift i�iec'tiis �aiid' other accss approaches th t$'`froiti y t rig sia h`tg Ja�%stem: `WithoutAi"rch a 'progrU)tI$e ihn ,'hand wellare the resid'entObf. this 'siate-are t� "rr _�i>ie fb` =t1ie'.&ct'that uncoritrolleii �ss' to "the •st6fe IM" s` stis'is °igflificaiit coniibutirig fat tdir'f�' tie �ft` ri slid' tin'c�roiia'1 detetiif , , bf-the`'s iWn;' and (cj`ie development of an access manag'ementitaat t r e13`�an+ce'witlr'tlus chnptef will gnhanch the develop - icnt of an effective transportation system acid increa ;A6 traffc�- carrying capacity of the state highway system and Y ctVi iihafaencds�iSi:'Er c idents, personal �J�,'�d `property damaga'or loss;'dlitigat16 environmen"WI *adaf on', promote st ' d economic growth and- the 'groi tit 'went goals"&the state; reduce highway'mairitenance tests "and the necessity for costly'traffic bperations measures; lengthen the effective life of transportation facilities in the thus `preserving the public investment in such facilities; Ad'�iiWen rZ"sptirisei'dme for-etnergency`vehicles.- n, U, In fiifthbrarrce of these findings; -all stato'highways �Ufeby' declared to be "controlled' access facilities`as defined in RCW 47.50.020, except those highways that are ned'§s limited access`facilities in chapter 47:52 RCW. 4' 100M.It is the policy of the - legislature •that: (a) ;The access -rights of an oV mer of property abutting highway system' are subordinate to the public's right wtei±e t ih a "safe -and efficienkfiighway..system; `and t�r )`Every owner of property which abuts a state �!y has a rtght'to reasonable access to that highway; sl�tle`ss such access has been acquired pursuant to chapter �... } I_ + �V; but may not have the right of a particular ` trf access. The right of access to the state highway 'icted,if, pursuant to local regulation, reasonable can be provided to another public road which abuts t`�M l'•VUCITV f 'lbe'iegislature declares that it is the puipbse of this to provide a coordinated planning process for the 19 Of access points on the state highway system to x' ihe'Sndings and policies under this section. kdtfilhi in this chapter shall affect the right to full '�ofi �liti ld section 16, Article 'l of the state Consti- �9�1 �e� �5%a'f •.Aui t .. "t991 c 202: "Sec ion`captlons and part headings J" "Ai? part of the law." [1991 c 202 f Ot�l epler 47:50 RCW acid RCW'70.94.521 through Chapter 47.50 Ft ktive data -1991 c 203: "'ibis act is necessary for the immediate .preservation of the public peace, health, or safety, or support of the .state govemrnent md.its existing public institutions, and,shall take effect July 1, 1991:111991 rr 202 124.1 "gevera' Wity -1991 1'262: Ir any provisions of tit's act or its appucatibii to Gay peison or 66mmstani a is held invalid; the retiutinder of the edt or the application of ,the provision to other persons or.cirarmstinces 4s -not affected.;}R[1.99J.c 202; 25.1 :t" '� t 'eel•..': ,i� , z.L( °4750:020 ,�:Definitfons� Access. .Unless the context clearly,requires,otherwise, the definitions-in this section apply.tluoughoutithis. chapter. h . fl) ,I! bntroiled cess',facility" means a transportation - facility-, to-which •acceWi ,regulated byAhe governmental entity having *isdictibr over the facility. •i®wners or oocupaptsiof iabutting :lands saw 'atlter persons have a right of �access-tomr from such facility- at -such points only and in such- mannbt,,asmay.be,detebnined by the governmental - entity? U ?Vr);o '• .q, 1-id : (2), "1Connection "Inman approaches, driveways; .turn - buts.mr other mean seflproviding.for'the�right of access to or from b6htroll6d' iicces6 facilities on ,the-istate ,highway SystemI'_IWI 'hi 'I 1:- I6- FLU bLr 141', " . Y .:. ' (3) "Permitting authority" means the department for connections in unincorporated areas or a city or town within noorpomted-areas which are authofized,to regulate, access to state highways pursuant to chapter 47.24,RCW..i[.1991 c 202 §' . ",(>lapd6bs -.Fm law - .ERectWe date-- Severabghy - 1991,° 262 ;; See note; p1lowipg RCW 47.50,010. , 47.50.030 ..Regulating connection. 41) 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.! : r : , , L :.•(2)'The department shall by July, f, 1992, -adopt admin- istrativel.procedures pursuant to chapter .34.05! RCW which establish state highway access, standards -and � rules for-its issuance and aiodification.of • access: permits; closing.o €rim- permitted connections, revocation--.of permits,.and waiver provisions in accordance with this�chapter_ The.depattment shall consult with the association of Washington ,cities and obtain concurrence of the city design standards committee as established by,RCW 35.7$.030 in the development and adoption of rules for access -standards Jor city streets designated as state highways under .chapter 47.24 RCW. (3)'Cities and towns shall, no later than duly .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•deparnnent. [1991.1 202 . § 3.] Captions not law — Effective date--Sevembility -1991 c 202: See notes following RCW 4750.010. 4750.040 Access °permits" (1) No connection to a state highway shall be,constructed.or altered mithout 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.,systtm mt the location specified in the permit until the permittee.eonstrim Ritte 47aCW144ellm 47.50.040 Title 47 RCW: Public Highways and Transportation or alters the connection in accordance with the permit re- quirements. (2) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations which are not required by law or administrative rule, but are made at the request of and for the convenience of the permitting authority. The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to increased or altered traffic flows generated by changes in the perminee'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 unpern -clued and subject to closure, it shall provide reasonable. notice of its impending action to the owner of property served by the connection. The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule. [1991, c 202 § 4.) Captions not law— Effective date— Severability -1991 c 202: See notes following RCW 47.50.010., 47.50.050 Permit fee. The department shall establish by rule a schedule of fees for permit applications made to the department. The fee shall be nonrefundable and shall be used only to offset the costs of administering the access permit review process and the costs associated with adminis- tering the provisions of this chapter. [1991 c 202 § 5.1 Captions not law— Effective date— Severability -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.) Captions not law— Effective date— Severability -1991 c 202: See notes following RCW 47.50.010. 4750.070 Permit conditions. The permitting authori- ty may issue a permit subject to any conditions necessary to carry out the provisions of this chapter, including, but not limited to, requiring the use of a joint -use connection. The permitting authority may revoke a permit if the applicant fails to comply with the conditions upon which the issuance of the permit was predicated. [1991 c 202 § 7.] Captions not law— Effective date— Severability -1991 c 202: See notes following RCW 47.50.010. 47.50.080 Permit removal. (1) Unpermitted connec- tions to the state highway system in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety. However, a permitting authority may require that a permit be obtained for such a connection if a [Title 47 RCW —page 1301 significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040. (2) Access permits granted prior to adoption of the permitting authorities' standards shall remain valid until modified or revoked. Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991. The permitting authority may, after written notification, under rules adopted in accordance with RCW 47.50.030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs, in the use, design, or traffic flow of the connection. (3).The permitting authority may issue a nonconforming access, permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state. Every nonconform- ing access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of,future alternative means of access for which access permits, can be obtained. [ 1991 c 202 § 8.] Captions not law— Effective date— Severability -1991 c 202: See notes following RCW 47.50.010. 4750.090 Access management standards. (1) The department shall develop, adopt, and maintain an access control classification system for all routes on the state highway system, the purpose of which shall be to provide for the implementation and continuing applications of the provision of this chapter. (2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of access to state highways. (3) The control classification system shall be developed consistent with the following: (a) The department shall, no later than January 1, 1993, adopt rules setting forth procedures governing the implemen- tation of the access control classification system required by this chapter. The rule shall provide for input from the entities described in (b) of this subsection as well as for public meetings to discuss the access control classification system. Nothing in this chapter shall affect the validity of the department's existing or subsequently adopted rules concerning access to the state highway system. Such rules shall remain in effect until repealed or replaced by the rules required by this chapter. (b) The access control classification system shall be developed in cooperation with counties, cities and towns, the *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; (1994 8d.) d 3, t- e )r )n A 5 es :)e he .al al Ito be lat )ry- Highway Access Management (ii) The current functional classification as well as potential future functional classification of each road on the state highway system; (iii) Existing and projected traffic volumes; (iv) Existing and projected state, local, and metropolitan planning organization transportation plans and needs; (v) Drainage requirements; (vi) The character of lands adjoining the highway; (vii) The type and volume of traffic requiring access; (viii) Other operational aspects of access; & ,(ax) The availability of reasonable access by way of county roads and city streets to a state highway; and . (x) The cumulative effect of existing and projected connections on the state highway system's ability to provide for.the safe and efficient movement of people and goods within the state. . (d) Access management 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. The standards. shall also contain minimum require -, menu for the spacing of connections, .intersecting, streets, roads, and highways. (e) An access control category shall be assigned to each Kgment of the state highway system by July 1, 1993. 11991 c 202 § 9.] •Reviser's note: Powers, dudes, 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— Severabillty -1991 c 202: See notes following RCW 47.50.010. Chapter 47.52 - I RAMD ACCESS FACELITIES moons 47.52.001 Declaration of policy. 47.52.010 "Limited access facility" defined. 47.52.011 "Existing highway" defined. 47.52.020 Powers of highway authorities—State facility, county road crossings. 47-52-025 Additional powers— Controlling use of limited access facili- 47 52026 des— Reservation for public transportation vehicles, etc. Mules -- Control of vehicles entering —Ramp closure, meter- ing, or restrictions —Notice. 'Standards and rules for interstate and defense highways - 47.52.040 Construction, maintenance, access. Design— Ingress and egress restricted — Closure of intersect - 47.52.041 ing roads. 4752042 Closure of intersecting roads — Rights of abutters. Closure of intersecting roads —Other provisions not affected. 4152050 175 � Court process property. 47 070 Establishment of facility- -Grade separation — Service roads. 090 Abutter's right of access protected—Compensation. Cooperative agreements —Urban public transportation sys- terns —Title to highway— Traffic regulations — t' Tti' Underground utilities and overcrossings— Passenger 474--1 sewers —City street crossings. ft .106 Existing roads and streets as service roads. 7r..,. , Acquisition and construction to preserve limited access or 4'211-]0 reduce required compensation. w Maddrig of facility with signs. Violations specified — Exceptions — Penalty. . Prior determinations validated. 4750.090 47.52,131 Consideration of local conditions —Report to local authori- ties— Conferences— Proposed plan. 47.52.133 Local public hearing— Notices. 47.52.134 When access reports and hearings not required. 47.52.135 . -Heating procedure. 47.52.137 4Adoption of plan--Service of findings and order — Publication of resume— Finality— Review. 47.52.139 Approval by county, city, or town upon receipt of findings - and order — Disapproval, request for review. 47.52.145 .Modification of adopted plan without further public hear- _ v! ings, when. 47.52.150 State facility through city or town —Board of review, com- position. and appointment. 47.S2.W -State facility through city or town— Hearing = Notice- i Evidence-- 136termination of issues. 47.52.170 State facility through city or town — Hearing — Procedure. 47,$2.180 State facility through city or town — Hearing— Findings of board— Modifipmon of proposed plan by stipulation. 47.52.190 Stiiti1acility throughi:ity or town Hearing—Assistants- Costs— ReP teet,,, 47.52.195 4 Review and appeal on petition of abutter. 47.52.200. Law enforcement jurisdiction within city or town. 47.52.210 Skate_facility, within city or town —Title to city or town `" s "ts incorporated therein. Description, plans of highways, filing: RCW 47.28.025, 47.28.026 Pori districts4 toll facilities: Chapter 53.34 RCW. Spied limits on limiteQ access facilities: RCW 46.61.430. 47.52.001+ Declaration of policy. Unrestricted access to and from public highways has resulted in congestion and peril for the traveler. .• It has caused undue slowing of all traffic in many areas. The investment of the public in highway facilities has been impaired and highway facilities costing vast sums of money will have to be relocated and reconstructed. It is the declared policy of this state to limit access to the highway facilities of this state in the interest of highway'safety and for the preservation of the investment of the public in such facilities. [ 1961 c 13 § 47.52.001. Prior: 1951 c 167 § 1.] 4752.010 "Limited access facility" defined. For the purposes of this chapter, a "limited access facility" is defined as a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons, have•no right or easement, or only a limited right or easement of access, light, air, or view 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. Such highways or streets may be parkways, from which vehicles forming part of an urban public transportation system, trucks, buses, or other commercial vehicles may be excluded; or they may be freeways open to use by all customary forms of street and highway traffic, including vehicles forming .a part of an urban public transportation system. [1967 c 108 § 10; 1961 c 13 § 47.52.010. Prior: 1951 c 167 § 2; 1947 c 202 § 1; Rem. Supp. 1947 § 6402- 60.] Urban public transportation system defined: RCW 4704.082. 47.52.011 ','Existing highway" defined. For the purposes of this chapter, the term "existing highway" shall include all highways,.roads and streets duly established, constructed, and in use. It shall not include new highways, roads or streets, or relocated highways, roads or streets, or s , [Title 47 RCW —"e 1311 C M y4f. v 0. id'i 011y, 0114 10 z0ftee, W,ft:b _ecretary;ofvwsportationtor. any assistant secretaryAr. district, engineer to. whom, the, secretary has *kpW,,the�tUdxniM-ansy,-approy-e(aiumsit..vdiicleistop i*jdt.the.mstsu,4ble.!I=koniaVailWe having adequate fight distance ;baseO­upon engineering judgment, with dopM)Ioght,distgaft�e-minirnum:-&Tbe.tswmtary of tCUNpDMdOA=AY,&MppW"itWsit [vehicle I stop : zones, et lsmogmstomoodinS,Ihvobove,mquireidem, where -the opaAbd lexp>tnae?iuc ?tedVance`of reach? approved tran8ib tt J*MP­4W,%Y_#=* the transit ,veldcltb�m yb%le fat OW I . ­ (chapter. )U-,sj -wbxo-tq lt:MJOW id .47j-6.053. ; 46846.040, AM WJPM°!Skuftxy, Aadwdiy;l F _yp WIN "t vehidewiLn "At ,to wid�yp I y.at approvid T1 IL,44*�i tv dhcW_I5Wm_NQP!CLOr�_ I J"iyOx,pr, �.paqyngars each transit.ve 91 e. shall be so 4fiver'l ­'Stirof, l4cav flW_J??r AVthQrkY:iJ977e".c-151. 79-01-033, xOQt to MW Jb 0 M '9, "W d No.43)j 4( .40j q4rfilod=/20178. '7�,INXi=4dJC'1 iM'T.V c &a,* VehI& effort shall be ;4;nU �_4pade,s4bject, to the oug R iiiderialCe - unpr"qpents which Aka, 3"_D&�qtIzqadw i!STS14HA%_ . _ 41�90bp.pwpow of ,receiving or As$ s'c 151"179-0IA038MMOida,10 ifid i1 lutcoa No. 13) 4697464060, riled *,Are SIG; A Y " CCRSSIk4NAG ACCE.SS L UhAL 406-311030,jiliz,GaWdpwAdadL-.I. -; 7" i r. MVICW. • "51-060 Applicadon mquhunft and p" ores. 'r'` _468-51• 080 ('5t. ubnftdmview;cmdifiww�i . - fr .L- . . - 3LJ.W 4100-.71-j IU ,*gagwo? iWi M6 of M,-A,I! of W.C-_- veommaim 1 0 ,4("j�14DMPq4fUOW.CW -UCb A Ve --Ce diw :P O_q7xm-_.'.,Thus chapter-is ad6oio for ihi regulation and ' fan points of ingress ile-it-Ate _'Gh system within 4 on', o f.the` Washin ,traupo R s. c h-a pte r de- ... . a ffi—_ ­40--'..j. I,— f_­ ..I.— ­d req _*tted a N CIO-e"..I-Qr_Jn "Iayfyq� P41TT.R L PbU4**AOIft-. IROMAI-101 md- OL-W.- 92-140K d'�_­706*_ _. uOils. The pi-rerz, apply fuivimIthevm= ticarly indicates oftrwise:,,,Zj(,, xj -twx(ij ftM-V4VHe&by the: department And completed by the applicat., a cartified cho*.M mondyi orderifor. the. requiredwhoulan lee, and roadway. And traffic Warma. tion. 0--4 --rj(2) -"Avera J;e" me"SAP ad -total of-all,trips'rentering-plus, all trips leaving-the applicant's-,titeLbasedion-the!flnja�stNel.of prqposed developqwnt. (3) "Conforming connection ": means, a connection - that in ects':cuffent iiepartment.location,japacing., and I design .7% "6nmtion means Approaches,, driveways, turn ouls, GCother"Ineans-of.*viding forthe rigbt,af 'access to 6i,ftoifi'.controlled access facilities on the state highway system: Iz(5)JCAi�MCiWVIyt MeA=4,permit*�6 all state .,,hWim',romhwdms.-.in-,'accordam�c th type Of property-'served"aw,the estimated traffic.. b the �l t.5 site' a _. 0) "c6ine6tion-permit".meansA written W&Orizatiion given.by.the dVaitifiint fora specifically designedconnec- tion.tD the am highway. system at a specific location.for-a spi4ific type and intensity of propecty use andispecific, volume of traffic for theopropoied x�n ction, based on the final stage otproliosed devih5pment.of the applicant's , jw,'CE(7) Tontiblidd, facility ffi4 BW facifi (exc u ,47.32'31 rs�s:fegnir�ted�y the Ofth 40 VrAC140Y 468 -51 -020 Title 468 WAC: Transportation, Department of have a right of access to and-from such facility at such points only and in such manner as may be determined by the governmental entity. (8) "Department" means the Washington state depart- ment of transportation. " (9) "Development approval" means "an official action by a governmental land use planning authority authorizing die developer or land owner to begin construction of any permanent improvements on the property. (10) "Govemmental,entity" means, for the purpose cif this chapter, a unit of local government or officially.desig- nated transportation authority that has the responsibility for planning, construction, . operation, maintenance, or jurisdic- tion over transportation facilities. 01) "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'iii the legal descriptions: (12) "Limited access facility" means' a highway or sum especially designed or designated for through traffic, and over, from, or to which owners or'occupants of abutting land, or other persons have no right-or easement, or only a limited right or easement of access, "light, view or air'by reason of the fact that their property abuts upon such limited . access facility, or for any other reason to accomplish the purpose of a limited access facility. (13) "Median" means the portion of a divided highway or divided connection separating vehicular traffic traveling in opposite directions-, not including speed change lanes, storage lanes for left turning or U- turning vehicles, or two way left turn lanes. (14) "Median opening" means either a full opening in a continuous median for the specific purpose of allowing vehicles to make a left turn maneuver into or out of a property -abutting the highway, to facilitate U -turns, or to allow for a vehicle to totally cross the road, or a directional opening allowing for left turn maneuvers into the property and U -turn maneuvers, but not allowing for left turns or cross movements out of the property. (15) "Nonconforming .connection" means a connection not meeting current department location, spacing, or design criteria. (16) "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control devices on or to the department's right of way. (17) "Permitting authority" means the department or any county. municipality, or transportation authority authorized to regulate access to their respective transportation systems. (18) "Right of way (R /W)" means a general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right pursuant to RCW 47.04.040, or lands that have been dedicated for public transportation purposes. - ' f (19) "Shoulder" means the portion of the highway contiguous with the traveled Imes for the accommodation of stopped vehicles for emergency use, and for lateral support rtWe 40 WAC- -p "I of base and surface courses and for other uses as allowed by law. (20) "State highway system" means all roads, streets, and highways designated as state routes pursuant to chapter 47.17 RCW. (21) "Temporary connection" means a permitted connection for a specific property use, conditioned to be open for a specific purpose and traffic volume for a specific period of time with the right of way to be restored by the permittee to its original condition upon connection closure. [Suwft ry Audx*ity. RCW 47.01.101 and chapmx 4750 RCW. 92 -14 -044, 1 468 -51 -020, filed 624192, effective 7/25/92) WAC 468.51 -030 General provisions. (1) When connection permits required. Every ownerof property which abuts a state highway where limited access rights have not been acquired has a right to reasonable access, but may `not have the right to a particular means of access, to the state highway system. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access to the state highway can be provided by way of another - public -road which abuts the property. All new connections including alterations and improvements to existing connections to state highways shall require a connection permit. Such permits, if issued, shall be issued only after issuance of development approval where such approval is required, unless other interagency coordination procedures are in effect. The alteration or closure of any existing access connection caused by changes to the charac- ter, 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 connec- tion 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 connection permit wishes to change the character, use, or intensity of the property or development served by the connection, the department must be contacted to determine whether a new connection permit would be required (2) Responsibility for other approvals. Connection permits authorize construction improvements to be built by the permittee on department right of way. It is the responsi- bility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required, including satisfaction of all environmental regulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity from the applicant's property to the state highway right of way if the applicant's property does not abut the right of way. (3) Early consultation. In order to expedite the overall permit review process, the applicant is strongly encouraged to consult with the department prior to and during the local government subdivision, rezoning, site plan, or any other applicable predevelopment review process for which a connection permit will be required. The purpose of the consultation shall be to determine the permit category and to obtain a conceptual review of the development site plan and proposed access connections to the state highway system with respect to department connection location, quantity, (1992 a) flligbway.Ac t sus blanagenta t Atom Permit; spacing, and design. strAdards.• Such consultation will assist the developer in minimizing prdblems and delays during the permit application prods and could eliminate the need for costly changes to siW.plans when unpermittable connection proposals an identified rady. i2 the - Planning phase. The corcepwal,revitewrtptooess. is•funb�er,demiled in WAC 468 - 51-M. (4) Cost of cx cdO&: -. (a) Pemmittee. Elbe cost of construciion orcmo�di5tcation oft connection thail be the responsibility of ft permittee, ilrohtditog dr -cost of nodifiFtion of any as ineadon ra tilred. m a;rsult.of changes in paVerty site use ht.accordawe with WAC 1168-514,10. , ;-- ., . - - � - , -.,. (b) Department.• Fxisting`permittod connections W4*cto' ed by .the departmenCs.vatkprograml bfid whichAn ft consideration iof tlllr� department;- necessitate modification, reloctt&W. orjoptlaicement4a order tomat ;ctttrent depart- ment conttectiott-1 gM*on; quantity, spacing, and design ate dwds,. shalll be relocated; or replaced in kituci Ind ti4Partsnent,at no cost to the pie. ;,The cost of further enlmtcempUs or modification to tbt -altered. relocat- ed, ar-'replaoedvaine'c�tio�ns��d.iA�}'�r�ed by Abitpecmitteesth be the responsibility . oafAbe rerrAt . ~ - .LL I (5) Department responsibility., The-depatmmeri>"has the responsibility to issue permits and authority lo>,appcove, disapprove, and revoke such permits, and to cidse-omec- tions, with cause. .T - [Statutory Authodty: RCW 47.01.101 and chapter 47.501tCW. 92- 14.044. 468-51 -030, filed 684/92, effective 7/25/92.1' WAC 468 - 51.040 "Connection eategorles:" All connections, public or privste'shatl be determined by the depjirtment to be in one of the following categories: - `-(1) "Category I . minimunf connection " -provides connection to the state highway system fdr up to ten single Willy residences, -a duplex, or a small multi- family complex of up to ten dwelling units, -which use a common connection. The category shall also -apply to permanent connections to agricultural and forest lands, including field entrances; connections for the operation, maintenance, and repair of utilities; and connections serving other low volume traffic generators expeeted to have an average weekday vehicle trip ends (AWDVTE) of one hundred or less. " (2) "Category H - minor connection" provides connec- tion to. the state highway system for medium volume traffic generators expected to have an AWDVTE of one thousand five hundred or less, but not included in Category I. (3) "Category III - major connection" provides connec- tion to the state highway system for high volume traffic generators expected to-have an AWDVTE exceeding one thousand five hundred. • 0 (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 ttaffrc volume. Such uses include, but are not limited to, logging. foist laid clearing, temporary agricul- fail nses, temporary eonwuction, and temporary emergency access. The department restrv+es the right to remove any temporary connection it itt sole'discretion'and•at -thZ 61tpense of the property owner slier the expiration of the Permit. Further, a temporary connection permit does h6t 468 - 51.030 bind the•t7epartinent, in imy way, to the fuum.issuance of a permanent connection permiust the temporary connection location.. , L e .. . , rf. .. . .. (5),Wonoonfarmring: coanection" designation .tray be iffsned .far:CategoryJ through W . permits after an - analysis and detrermittation'by ft-department that a conforming coanectieo cannot be mada.andea finding that the denial of a-coQttgiiowwould liem the p gwty without a reasonable mew ,of jocess to dwpublic-road system. In such Wow - ek the permit "be,aoted- atttrioncoeforming and contain spemo.tesatisEions' abd: provisions, including limits on the maximum,ut+hictrlar usaol thft�connection, the future amailabllity bf alternate weaft Of ocess for which a con- forming connaxiorrpermit could be-obtained, the removal of the aocoonfoxming con pp,af:the time the conforming access is available, and - conditions as necessary to Crory *a the provisions of chapter 47.50 RCW. L o$ inclli* openings requested for bet W..�'A ons,Ntd fa r°existing.connections. New en aF ro ed as part of a new drivpwa a'4f .= ,P P y ire. viewed as part pf,the permit applica- tio ,pipes Request for the cointructipn of new owdian opentAgs 19Aerve exiting permitted connections allay - �+ogture.peeaiation of the location, quandry, design of exr�>ji.c!o oh. atut traffic- at`the,existing connec- tioni tlThe M .owner must file a new connection perfn applicatton,� r the proper connection category, showing the �pw proposed median opening. location and design and its relationship to the existing or modified drivew .gy connections. Nothing contained herein shall be constrrted,to .prohibit the department from closing an existing median opening where operational or safety reasons require the actio4 [Sunmy Ability: RCW 47.01.101 and dopw 47.50 RCW. 92- 14*444 f 46 51. 040, filed N24W. effemve-785/92.1 :WAC 468 -51.,W ConcepkW review.. Prior to .filing a connection permit application and prior to receipt of development rpproval. all permit applicants. but in particular those applying for Category II and Category III connections, are strongly encouraged to request, in writing, a conceptual review of the site plan and proposed connection locations with the department and other local governmental agencies as appropriate. The purpose. of the conceptual review is to expedite the overall review process by establishing the permit category, number, type, and general location of 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 constitate.final department approval of the location and design of the connection. If deemed appropriate, especially on the more complex proposals, the department shall establish the date for a conceptual review meeting to be held within two weeks of the receipt of the written request unless a later date is requested by the applicant. If a meeting is scheduled, representatives• of the.bcal governmental land use planning authority will be invited to attend. Within four weeks following the conceptual review meeting, of receipt of the regtreat MAID meeting is scheduled, the department will provide the applicant written notice of the department's 468. 51450 Title •468 WAC: Transportation, Department of conceptual review findings, provided all needed information to complete the review has been received from the applicant. These findings are nonbinding on the department and the developer. Additional detailed information received during the application process, changes in the proposed develop- ment, 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 ahe Fite plan reviewtapproval process with the local government, having jurisdiction over the develop- ment as indicating coordinatiorr-of connection location, quantity, and design with the departnent'and of preliminary department findings on the proposed-connections. [Statutory Authority: RCW 47.01.101 and chapter 47.50 RM 92 =14 -044, 468 -51-M, filed MUM, effective' 1135192.] WAC-46841 -060 ' Applicatio'n' requirements and procedures. This rule shall be used where the department is the permitting authority. Where the local governmental entity is the permitting authority.1he applicable procerinlis of the local governmental entiy must be followed. (1) Connection permit application ati$ information. The appropriate application form and the application information are available from the designated local department offices. An application 'shall consist of the above form; application fee, as specified in WAC 468 -51 -070; plans; traffic data; and connection information specified in this section. All connection and roadway design documents for Category II and III permits shall bear the seal and signature of a professional engineer, registered in accordance with chapter 18.43 RCW. (2) Information required - all permits. The following information is required of all applicants for all permit categories, unless the department determines that specific information will not be required on individual applications. Additional information required of Category II, III, and N permit applications is specified in this chapter. In all cases it would be prudent, prior to submittal of the application, for the applicant to inquire of the department whether the application needs additional information. The department reserves the right to request clarification or additional information during the application review process. Failure to provide the requested information within the time limits specified in the request shall result in withdrawal of the permit application. (a) Identification and signature of property owner and applicant. The current complete names, mailing addresses, and telephone numbers of the property owner(s), the devel- oper(s), the applicant, the transportation and legal consultants representing the applicant (if any), and the local government representative(s) responsible for processing the develop- ment's approval shall be provided as part of the application. If the property -owner desires to have a representative sign the application, a notarized letter of authorization from the applicant is to be provided with the application. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished. The names of -all individuals signing the application and their titles shall be typed or printed directly below the signature. [11th aw*A6,V dQ (b) Property uses and traffic information. The ultimate planned property uses shall be indicated in sufficient detail to determine the appropriate permit classification. Estimated average weekday vehicle trip ends to be generated by the development, based on the planned property use, consistent with the latest trip generation information published by the Institute of Transportation Engineers, Washington, D.C.; shall be included as appropriate. If local or special trip generation rates are-used, the latest and best information shall be used and all doaunentation for the rate development shall be submitted with the application. For residential developments with ten or fewer units, ten nips per day per unit may be assumed. The requirement for an average weekday vehicle trip ends estimate may be waived for agricultural uses where no retail marketing is proposed. ' (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, end existing conditions and the character and extent of wpik- proposed: The location of existing and proposed on -site development with respect to the existing and pro- posed driveway location(s) and the highway shall be shown. Minimum information on the plan shall include: (i) Road information. • State route number. • County or local road name. • Highway pavement type. • Cross .section. • Posted speed limit. • The existence and location of any existing and/or future proposed public or private road abutting or entering the property; the horizontal and vertical curvature of the road(s) noting the location of existing and proposed connec- tions 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 requirement 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 applicant's property for separate development also shall be clearly designated on the plan. (iii) Connection location information. • The proposed connection milepost and highway engineer's station, if available. *Location of the highway centerline with respect to existing and proposed property lines. • Distance of proposed public or private access connec- tion to intersecting roads, streets, railroads. • Existing or proposed median openings (crossovers) and connections on all sides of the state highway and other roads within six hundred sixty feet of the proposed connec- tion location in urban areas and one thousand three hundred twenty feet in nonurban (rural) areas. ,ne> i xMighway Access Managmeitt Access Permits - public c or. • Location of existing -or 7pro posed, private retaining waffs.-. fences,.poles, sidewalks, bike pathsi: drainage structures -and easements; traffic -Vontrol devices, fire-hy- drants,,utilities, orother Physical features,-such as.:treesi landscaping,.gmn,,belts.,;and,w.etlandsi that could affect dri iocafion.!.�I.i� yp-Way I ,oimo -1tshaH, be the responsibility of the,applk= to physi- pally,identify the location of ffier proposed-connecdowat the #ro poseid site. -m --- 4i, iv),C brinectiob _,designAnfbrmafi �5 on;�i -. 7q h ,W3 b- .0 Proposed connection anWappfbidli -improvements intluding its. profile-approaching—.the -state.. Nghway, width, radii; -,angle-to -ftidghwayiauxifim, rmivo Existing andprop6sed grading (or dontGunngfthat 'affects the.nawral,drainiigepattem -kor-runoM impacting 1the state highway and the .proposed connection). _ - , : ­:vVii :--, bvz*- Drainage calculatiansmd other 4r_rtmentdata.! pimo Driveway, auxiliary 1aneVand crossOVer.:PaVement design, including subgrade, base; surface: materials;: and dfidiMeSM. 471,,40, Specific! reqdvemenm for desigii-4tiforniatiom on individual Category J permit applic@tions mayte. relaxed.--or waived, at the:discretion--ofthe department. •t° PA.v Joinvdriveway:uw: . 4,t, o., If the driveway: is -to serve more than .one property, the,plan--shifl detafl-information4or M propertiesusinj the connection and the application shall, include copies, of legally enforceable agreements of..concuffence for, all . property Owners on joint driveway usage. to: � 0 Joint driveway use serving - adjoining: properties is endouraged:,on all highways and :may. be required :on:some -highways,pursuant-to-iules adopted.by the department'. ,41�f3) Additional.:information!requiitd,�.Categdiyll. and iorrM permits :7;__Thefbllow_ing is:a list of additional J ;ormation.-that may be- required 16r:each phase of.the dftdlopment from 'the. applicant Pnor:to the submittal -of dip application-, the-applicant: shall coordinate with the appropriate designated local office of the,department on -the level,of detail and the analysis: techniques -to be used: Ml­ (ayFCirculation plans. .:All parking; interior - drives, and in ,jernal: traffic circulation ;plans. - N Connection users. An internal and external adjacent Parcels -which will use the requested connection. All existing 4proposed connecting . roadways and-- potential . means of alternate access through the final bufldout stage of develop - ment shall be shown 9��.;he..plans: submitted with the Wlicadon. vices Traffic control de and illumination. Proposed �@c control devices and lighting, locations. i -4.,(d) Sight distance. Analysis of horizontal and vertical 01lit distance on the state highway. With respect to the imposed connection. .. e) Traffic data. and analysis. Traffic data ,submitted by a�applkant.- shall:be and sealed by a qualified essional.engineer, registeredin accordance with chapter kCW. - •The kollowing traffic study information may be movements. "Vehicle ruining movements for luttlre traffic c'o­nditionii. Volume: and 6 iit aind,type of traffic that y the proposed .development ijqp!4ng a 468-51-060 breakdown of anticipated peak hour traffic and an analysis ottlie,impact-on the level ..of seivice on the state highway. , ..;,(iii) Parking and circulation. ",Analysis -of off- street parking and,traffic -circulation, -including distances to secondary access points, on-the:qonnection roadway and their impact on the operation of the state highway."" :­­#v.) Traffic signal.daut.,-,-If!a•,usiBc•-signaI is rNiested. t ImfAilloMag-studies niaylarequired: .Traffic signal ifg.An wafmts,�,phaxiftg-aad dmi ' alysis-, signal progression analysis;_ signalization, sijhing, and lighting pliat In co4WrMnc!k,W4Aepartrn , • se sate,depart- qptstandards. p ment traffic signal permitis,nquired...— .. ..... (V) Off-site improvement-&. A traffic analysis to determiwdw ineed for-off-site pJated .roadway and-geomet- qq,iMp,r 011Wi4 ,yements,and mAt qgkti uirements. Xvi) -Traffic control.,plan. A. traffic control plan con- t-jfqrth in the .Ag,Ao cyrreii!-4.depar.tment,standards sp WamoonUnAcirmX-rafficControl P- 'qes," documenting Z - "" I - "'. ;Traffic I how the ,�Tmjttee�,,Wol,provkde,fdr sale-and efficient move- mept qqffie.* ate,hghway system OW.m g thqic ppstruptign of the connection. .-(4)A4&tional information i required,- Ca tegory ktpgoy IV permi4fr'.Wit,appheatons must contain the specific dates that4he 9punection is to be . ­ 9pen,and,niust contain assuranc- e4accept4bkq to the department. ft 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 .;temporar,_conngc- tion...-, [Statutory Au6%Y:'1-CW47:0_14101 and chapter 47.50 RCW-102_40", 1 468 - 514)60,: filed W24192, effective 7/25/92.1:;-; % WAC 468=51070 Fees and surety-'bob& f(1') Fee stfu6ture.� Tbe,;following nonrefundable-fetastruicturd is established for department application processing, review' and inspection- =Full . payment of `base -fees must accompany the permit application.. "Due to-the potential•c6triplexity'6f Category II and Category IIIconnectionproposifls� -and - 9 i required mitigation:zneasures that may involvevoilshfiction on thevate highway, -the department may require -a:ddQ61op- er- agreement in addition to the connection permit:' The developer agreement may4nclude, but is--not limitid'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 r per dwelling unit (iii) Other, with 100 AWENTE, or -less' $ 500 .(iv) Fee per additional connection point $ 50 on- (by Category II `base 4 for � oneconnecti N.", (i) Less than 1;000 AW_,DV T-B..; -VVDVTE, ,(ii) 1,000 to 1,500 A (iii).Fee per additional connection point rM 468 -~--p 101 468.51.070 Title 468 WAC: Transportation, Department of (c) Category III base fees for one connection. . (i) 1,500 to 2,500 AWDVTE ............ $2,500 (ii) Over 2,500 AWDVTE $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 III connection.-the depart- ment may require the permittee to provide a surety bond as specified in WAC 468- 34-020(3). [stawtdry Audmi ty: RCW 47.01.101 and chaptw 4730 RCW. 9244,044, 1468-51-070, filed 6!24/92, effective 7/25/92.1 - WAC 468 -51 -080 Application submittal, teview, conditions. (1) Application submittal. The application shall be submitted to the designated local department office serving the area The application shall be properly prepared, clearly completed, and signed. Information on the specific number of copies to be provided and other submittal infor- mation is available from the designated local department office. (2) Application review, processing, and approval. Upon receipt of the application, the application shall be ieviewed consistent with the provisions of this chapter. If the depart- ment identifies errors in the application or if`additionai 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 infor- mation, or upon expiration of the time period for receipt of additional or corrected information, the location and design of the connection shall be examined for consistency with current department location, quantity, spacing, classifications, and department design standards. The review shall also include an analysis of the impact .of the site's existing and projected traffic on the operation and safety of the state highway. (b) Concurrence or denial, notice. If the department concurs in the location and design of the proposed connec- tion, written notification of that concurrence will be sent to the applicant and to the local governmental land use plan- ning 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 dep&tment does not concur in the connection .location, quantity, or design, both the applicant and the local governmental land use planning authority having jurisdiction over the development approval shall be notified, in writing, indicating the department's intent to rl!de 40 WAC- -p 701 deny the connecti on 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 proceed- ing 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 location and design of the connection comply with the requirements of this chapter, and after either: (i) The applicant has received development approval from the appropriate local governmental land use planning authority; or (ii) Other interagency coordination procedures in effect are satisfied for development approval.by the local govern- mental land:use planning.sudority. The applicant-must be in compliance with the surety bond requirements specified in the permit prior to construc- tion, in accordance with WAC 468 -51 -070. .(d) Request for adjudicative proceedings. In the event of a denial of a cormection as proposed in the application, the applicant may apply for an adjudicative proceeding pursuant to WAC 468 -51 -150. (3) Permit conditions. Any special requirements or provisions for the connection including off -site mitigation shall be clearly and specifically identified as part of the permit. Failure by the applicant or permittee to abide by the permit provisions shall be sufficient cause for the department to initiate action to alter the connection or to revoke -the permit and close the connection at the expense of the permittee. The permit requirements shall be binding on the permittee, the permittee's successors, heirs and assigns, the permit application signatory, and all future owners and occupants -of the property. The applicant may challenge the permit conditions by applying for an adjudicative proceeding pursuant to WAC 468 -51 -150. [Statutory Attthority: RCW 47.01. 101 and chapter 47.50 RCW. 92 -14 -044, § 468 -51 -080, filed 6/24/92, effective 7/25/92.1 WAC 468 -51 -090 Construction requirements. (1) Preconstruction conference. The department may require a preconstruction conference prior to any work being per- formed on the department's right of way. When required by provisions in the permit, the department will schedule 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 of the connec- tion shall begin within ninety days of the effective date of the permit, unless a longer time is approved by the depart- ment or a time extension is requested by the applicant and approved by the department. Construction shall be complet- ed 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 (1992 Ed.) a .e c' of �t- it ea ha pt Highway Access Management Access Permits may further limit constructiow time, if the department determines that such, limitation is warranted. Failure to comply with the time, limits specified in the permit shall result in an automatic-expiration of the permit following written notification to the . permittee. For any�permit which expires fortailure 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 con- struction. .rI r k.lo . (3) Posting of permit. The approvgdconnection permit shall be displayed -in a.,promment location; protected from the.weather: within the ;vicinity of the,connection construc- tion. i - - , : u r u., . .., t. - . " , (4) Disruption of,traff3c.:All.construction .and /or maintenance within,department right of -way-shall conform to the provisions of 4he connection permit,:.the "Manual°on Uniform Traffic Control Devires ":(MVTCD.); the department's current "Design Manual;" and!the current "Standard Specifications for Road :,bridge, and Municipal Construction." The department may requimor restrict hours of construction to minimize disruption of traffic on, the state highway system: If. construction, activity withimphe department's right of way causes undue disruption bftraffic or creates safety hazards on a statc,highmvay. 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 .pem#ttee'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 signalization and regulatory signing and marking. (6) Connection construction inspection. For Category 11 and Category III connections, the department may require the permittee, the developer, or landowner to provide inspection of construction and certification that connection construction is in accordance with permit provisions and appropriate department standards .by a professional engineer, registered in accordance with chapter 18.43 -RCW, or the department may do the inspection at the applicant's expense, as provided in the developer agreement. i 468151 filed &74/92, Authority: RCW ffective and chapter 47.50 RCW. 92 -14 -044, WAC 468 -51 -100 Nonconforming connection Pumits. The department may issue a permit for a connec- Uon not meeting department location and spacing criteria aW►ndards if it finds that a conforming connection is not 04111ble at the time, of the permit application submittal and denial would leave the property without a reasonable ?�eUs of connection to the public road system. The may issue a connection permit requiring a legally � joint-use oint -use colmection-when determined to be in best interest of the state for restoring or maintaining the erational efficiency and safety of the state highway. Lr?°3ir(Z1 Nonconforming connection permits shall specify conditions or limits including: (1) Traffic volume. The maximum vehicular usage of the connection 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. [Statutory Authority: RCW 47.01.101 MW chapter 47.50 RCW. 92- 14-044, ¢ 7466-51-100, filed 6/24/92, effecdve 7/25/92.1 WAC 468 -51110 ' Changes in property site use. The connection permit is issued to the permittee for a particular type of land use generating specific projected traffic volumes at the final 'stage of proposed development. Any changes made in the use, intensity of development, type of traffic, or traffic flow of the property requires the permittee, their assignee; or property owner to contact the department to determine if-ftirther'analysis is needed to determine if the change is significant and would require a new permit and modifications, to the connection. An engineering study, signed and sealed by a professional engineer registered in accordance with chapter 18.43 RCW, may be required to document the extent of the change. If modification of the existing connection is required, based on a significant change as determined by the' department, the permittee shall acquire a new permit prior to the initiation of any on -site construc- tion 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 mainte- nance problem on the state highway system. - (2) Notification. Failure to contact the department to determine the need for connection modifications or to apply for a new permit for such modifications prior to initiation of property improvements, land use changes or traffic flow alteration actions shall result in notification to the property owner of intent to revoke the existing permit and closure of the connection to the property. (3) Costs. The permittee is responsible for all costs associated with connection removal, relocation, or modifica- tion caused by increased or altered traffic flows necessitated by changes to facilities, use, or to the nature of the business on the property. [Statutory Authority: 'RCW 47.01. 101 and chapter 47.50 RCW. 92- 14-044, § 468 -51 -110, filed 6/24/92, effective 7/25 /92.] WAC 468 -51 -120 Permit modification, revocation, closure of permitted connections. (1) Revocation criteria. All connection permits issued by the department prior to the effective date of this chapter .remain valid until revoked. 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, alter- ation, 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 [Tale 468 WA" 711 468-SI -120 Tide 468 WAC: Transportation, Department of state highway system. The process to be followed by the department in the revocation of permits shall be consistent with the requirements of chapter 34.05 RCW and WAC 468- 51-150. The notification process is as follows: .(a) Notification, correction of deficiencies. The depart- ment shall serve notice, in accordance with rules adopted pursuant to chapter 34.05 RCW, to the permitux, permittee's successors or assigns, or property owner with a copy to the occupant, for any connection found to be in noncompliance with the conditions of the permit or this chapter. The notice' will identify and request that the deficiencies be corrected within .thirty days of service of the notice. The notice shall further advise that the department's determination of non- compliance or deficiencies shall become final and conclusive thirty calendar days following service of the notice unless the violations are corrected or an adjudicative proceeding pursuant to chapter 34.05 RCW and WAC 468 -51 -150 is requested by the permittee, permittee's successor or assigns, or the property owner. (2) Costs. The permittee, assignee, or property owner shall be responsible for the costs of closure due to revocation 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 immedi- ate 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. [Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92 -14 644, 4 46&51.120, filed 6/24/92, effective 7/25/92.] WAC 468 -51 -130 Closure of unpermitted connec- tions. Closure criteria, permit requirements. Any unpermit- ted connections to the state highway system which were in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide connection to the state highway system, unless the property owner had received written notification initiating connection closure from the department prior to July 1, 1990, or unless the department determines that the unpermitted connection does not meet minimum acceptable standards of highway safety. The department may require that a permit be obtained 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 47.50.040. Any unpermitted connection opened subsequent to July 1, 1990, is subject to closure by the department. The process to be followed by the depart- ment in the closure of an unpermitted connection shall be consistent with chapter 34.05 RCW and rules adopted thereunder. The notification process is as follows: (1) Notification. The department shall serve notice, in accordance with rules adopted pursuant to chapter 34.05 RCW, upon the property owner of a connection to a state highway which is found by the department to be unpermit- ted. This notice shall clearly describe the highway connec- tion 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 proceed- ing 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 fords in WAC 468 -51 -080 or request an adjudicative proceeding pursuant to WAC 468 -51- 150 within thirty days. Failure- to,act in either of those prescribed ways within the time period set forth in the rules will result in department closure of the unpermitted connec- tion. If the location and design ofahe 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 impetmitted connections may be required by the department as a requirement of permit approval, subject to the adjudicative,proceedings provisions of WAC 468 -51 -150. [Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92 -14 044, 4 468 -51 -130, filed 6/24092, 'effective 7/25192.1 WAC 468.51 -140 Department construction projects. During construction of department projects, connections will be provided as replacements for existing approved permitted connections, that are consistent with all current department spacing, location, and design standards, based on the following conditions: (1) Nonconforming connections. All nonconforming connections will be examined to determine if the construc- tion 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 noncon- forming. (3) New connections, modifications. The department shall allow new or require modification of existing connec- tions if a connection permit application is made and ap- proved. (4) Replacement of existing connections. When connections are made as part of a department construction project replacing existing connection points without material differences, no additional permit shall be required. (5) New connections —Cost. The construction of new connection points, if approved by the department, shall be done at the owner's expense by either the department's contractor as part of the roadway improvement or by the owner's contractor at the department's option. (6) Modifications —Cost. If the modification of the connection point is more extensive than the routine replace- ment of an existing connection, the owner shall also partici- pate in the differential cost. llntte 48 WA"'721 (IM ad.) d n ,n d W 30 's ie le e-' :- Highway Access Management Aoeeft Permit. {7) Work,by petmittWs contractor. The department shall require that,wo*done by the owner's :contractor be accomplished at the.cmpletion of the department's ebnu= or be scheduled so. as not to interfere with the departments contractor. The depat ent dray nequitrrn suety bond prior W construction of- the°.fonneaion in acebidance with WAC 468-51 -070. :&� 1,J to 136616ry Att6ritT' *C*47.01.101 and daw W 47.50 RCW. 92.14-014, }` 468- s1 -1A0, ipled6RAJ92,iM'8epive 7/25/92,] :' ":,.�E . , •� . I zWAC468-51fW. 44juakative pevi4edlnde. (1Y) on. - 'Anype�n= wh6�'s • the teclpient or othl iivise4 h standing to' hiMenge the �dihW!of-a' peritiit� aq�ication pursuant to WAC 468 -51 -080; a permit with c6itdifi6ns pursuant to WAC 468-51 -080; a notice.of permit modifica- tlj'otl; Tevoca6on, •or closure of permitted cotlttocfibn pursuant to WAC 468 -51 -120 kiiikice' of closure 4 an uilpermitted oantltlecgioii p}iiatgnt t6 WAC 468 -51 =ir niay apply for an ac�judicstive proceeding on the mat" iir pursuant to chapter 3405 RCW slid riles adopted thtt arttder within thittydays of the date the initial determination +6f#he'deortment is trailed to the recipient. --n 1 t�ndtlot.:, lUreaftir, and wiflb'tbe mes:se:t forth boy Vhapter 34:05 RCW, the deparanest shall. convane aft adjttdicative puceeding or a� brief %djndieative proceeding as is deemed •appnopiitt 6y the departmient i' The proceeding tihntl be �condutted-pursiiatit to chapter 34,05 =RCW -and odes adopted the reimder.. t _ ­(3) Brief adjudicative hearings. The department hereby atlopts>,RCW 34:05.482 through 34,05.494 pertaining to brief adjudicative proceedings for purposes of hearing challenges limier the provision"sted.in subsection (1) of this section. (4) Failure to apply. Failure to apply' for'an adjudicative pmceeding within the times set forth in subsection (1) of this election shall result in the adoption of the department, s. -initial determination -as 4ts final determination.. • ' K1' (5)-f- ilure to a tiaipate. Failure to attend ,or otherwise O ticipate in an adjudicative proceeding or brief adjudicative Proceeding may-result in a finding -of default. . ttiduory "Authority: RCW +17:01.101 and chapter 47.50 RCW. 92- 14-044, 1 468- 51-150, filed 6124/92, effective 7/25192,] a6: Chapter 468.54 WAG LEMWM, ACCESS HEARINGS wAC t 468:54+010 Definitions. 4WS4,= F.stablishmeht of limited access facilities — Initiation. W34446 Notice of hearing. *&54 -050 Conduct of hearing. 4W54-063 Hearing officer. 54-070 Tres # jest ag— Findings or order- Finality. r 0T ,?4.080 Copies of transcripts of limited access hearings. DISPOSITION OF SECTIONS FORMERLY (50DIIriED IN Tin CHAPTER R <- Litiatiol�- of.propotal by department of tswuponation. Q . , ISUNtory Authority: 1977 exs. c 151. 79 -01-033 (DOT Omer 1010d'Comm. Ordef t, Resoltidon'No. 13),146& , Fz- ' 54-030, filed 12!20178. Formerly WAC 252 -06 -040.) T�Repealed by 81- 19088 (Order 27, Resolution No. 12U filed. X1/17181. Statutory Authority: RCW 47.52.133, 473;.145, 4752.210 and chapter 95, Laws of 1981. 468.51 -140 •jt WAC 468 -54-010 ` •Definitions. As used,in these rules: t(1) "Fully controlled limited access highway" is a highwap.where the rithrof owner-or occupants•of abutting land or other persons to access, light, air or view in connec- tion with the highway is controlled to give preference to throughtraffic .by�prordding:access connections with selected public roads.;only, and:by prohibiting crossings or direct private driveway connections at grade. ..X2)7PartiaUy controlled limited access highway" is a h*bWay,wthere the right of owner or occupants of abutting land etc otharpe sonsrto access, light, .air or view in connec- tiewwith the highwa3r:,is,controUed.to give preference to dwough traffic to a degree, that, .in addition to access connec- ti= with selected public roads, there may.be some cross - ingstand some.private driveway connections at grade. CommercWi A sproacbes to partially controlled limited access highwaya:are allowed only to frontage roads or by meads of pablir.x0ad: intersections. A .partially controlled-limited access highw.ay.may be dedigned to provide for separation of apart or all. r, ,ad crossings and the elimination of a part or all liirect , private ;driveway connections under a stage plan of fntlge conmc j wl - T 43Y. "ModifiedltontroHed limited access highway" is a highway pert the right of owner or occupants of abutting land or''Ather'pecsons to access, light, air, or view in connec- tion with'the highway is controlled to give preference to through traffic to such a degree that most approaches, Including commercial approaches, exiditig 'and in use at the time of the establishment, may be allowed. ' (4) "An expressway limited access-highway" is a part]a11 C&trolled limited access highway of four or more traffic lanes with the opposing lanes of travel separated by a median strip of arbitrary width. (5)- "A freeway limited access highway" is a fully controlled limited access highway of four or more traffic lanes with the opposing traffic lanes separated by a median strip of irbitritry width. (6) "Party" is any person, county, city or town who is entided'to notice of a limited access hearing and who has entered a written appearance at the hearing. [Statutory Authority: RCW 47.52.020. 794* -059 (Order 32), 1 468 -54- 010, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 1468-54-010, filed 12/20178. Formerly WAC 252- 06 -010.] WAC 468 - 54-020 Establishment of limited access facilities — Initiation. Proceedings to establish a limited access facility may be initiated by interested persons owning property in the vicinity of the proposed facility or by the department of transportation. If the secretary of transporta- tion ascertains that there is merit in the proposal, he will prepare an order designating the portion of the highway, road or street where the limited access highway may be estab- lished. When a public hearing is required, the secretary shall by order fix the date and place where the proposal may be heard. [Statutory Authority: RCW 47.01.071. 91- 18-023 (Order 73),1-469-54- 020. filed 827/91, effective 9/27NI. Statutory AW=ity: RCW 4752.133, 47.52.145, 47.52.210 and chapter 95; lAm of 1981. 81=19 -088 (Order 27, Resolution No. 123), 1468-54-020, filed 9117181. Statutory Authority .1977 ex.s. c 151. 79.01 -033 (DOT Order 10 read Comm. Order 1. Resolution No. 13),1468 -54 -020, filed 12/20118. Fom oy WAC 252-06- 030.] i* 40 WAG -,WOO SUMMARY OF ORDINANCE NO. 3018 of the City of Edmonds, Washington On the 18th day of April , 199 5 , the City Council of the City of Edmonds, passed Ordinance No. 3018 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING BY REFERENCE RCW 47.50 RELATING TO HIGHWAY ACCESS MANAGEMENT AND WAC 468 -51 WHICH IMPLEMENTS RCW 47.50 DIRECTING CLERK TO MAINTAIN COPIES THEREOF AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of April '1995. '� � C �YC L E �RK, • N �DA J. = R �CH � STATE OF WASHINGTON, COUNTY OF SNOHO1vISH, SUMMARY OF ORDINANCE NO. 3018 01 the City of- Edmonds, Washington On the ­1 8th _ day. -o.f- April, 1995, the City Council- of . the Cityy of Edmonds passed Ordinance No. 3010. A sum- mary of the content of said ordinance, consisting of the 47 The full text of this Ordi- nance will be mailed upon re'gnest. DATED this 18,Ih day of April, 1995: RHONDA J. MARCH City Clerk. Published: April 23, 1995. B-2-1 ss. Affidavit of Publication RECEIVED APR 2 `5 1995 EDMQNDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... ......... Summary. --- of _.Ord.inance-,_No. 18 ............. ............................ °-- City of Edmonds ......................................................................................... ............................... ..... ....... ....................................................................................................... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ......... Ap.r i 1...23.,....1.9.9 5 ......................................................... ............................... ....................................................................................................... ............................... and that sai wspaper was regularly distributed to its subscribers r duW,,.of period. ' v f...... �........ ............................... -- •----- ---- -- Principal Clerk Subscribed and sworn to before me this ...... 24th dayof .............. �.....ap.z.i ..... }............................ 19.9.5... 7-N ................. Notary Public in and fo the)State of Washington, residing at Everett, Snq om,Ah County. /0�?` A n V j.�,r ° - `C F VVA SH %N/