[1]
Code reviser’s note: Attachments A, B, and C are attached to Ordinance No. 397 and on file in the office of the clerk/treasurer.
The State Legislature in 1991 passed legislation requiring the Department of Transportation to develop an access program for permitting access to properties adjacent to state highways. Pursuant to this legislation, incorporated municipalities were to have adopted access standards for their jurisdictions by the Spring of 1993. Based upon this authority, WSDOT and the city of Forks utilities superintendent have agreed that the utilities superintendent will have the authority to approve access to SR 101 within the city limits. In addition, the city of Forks utilities superintendent will have the responsibility of ensuring that any such access complies with WSDOT specifications.
(Ord. 397 § 1, 1995)
Upon adoption of the ordinance codified in this chapter, all owners of real property seeking to have access to their property from any city or state roadway within the incorporated limits of the city of Forks shall obtain, at no cost to the applicant, a street access permit from the city utilities superintendent.
(Ord. 397 § 2, 1995)
The following permit process shall be utilized by the city utilities superintendent:
(1) 
The city of Forks utilities superintendent shall make available to the public a no-fee permit application to be utilized by owners of real property (applicant) seeking access to their property via city or state roadways.
(2) 
The applicant shall be required to complete the no-fee permit application, similar to that found as Attachment A to the ordinance codified in this section, and submit it to the city utilities superintendent for approval, modification, or denial.
(3) 
Upon the receipt of the applicant’s request, the city utilities superintendent, within 14 days of receipt, shall review the application and, if approving the application, shall determine in writing (see Attachment B, sample supervisor’s report) which of the following design standards for the access approach shall be required:
(a) 
Commercial;
(b) 
Noncommercial – Type A or Type B.
(4) 
In reviewing the application for approval, modification, denial, as well as determining the appropriate design standard, the city utilities superintendent shall consider site plans, vehicle trip generation, type of vehicles using the approach, location and proximity to other approaches, location and proximity to city and/or state roadways and bridges, other approaches to the property, speed limits associated with the city and/or state roadway, and the impact upon the public’s safety if the application is improved.
(5) 
In approving an application and specifying the appropriate design standards to be utilized (Attachment C), the city utilities superintendent can require placement of culvert and stormwater drainage devices to prevent adverse stormwater impacts to either adjacent properties or the city and/or state roadways.
(6) 
Any decision of the city utilities superintendent regarding an application must be conveyed in writing to the applicant within 14 days of receipt of the application. The decision shall include a statement explaining to the applicant that they have the right to appeal this decision before the Forks planning commission and that the applicant must request in writing such an appeal within 14 days of receipt of the decision. Failure to request an appeal in that period of time waives the applicant’s right of appeal and the decision becomes final.
(Ord. 397 § 3, 1995)
Any applicant may appeal the decision of the city utilities superintendent; provided, that the following procedures are complied with:
(1) 
The applicant shall submit in writing to the city planner a request for an appeal hearing within 14 days of receiving the city utilities superintendent’s decision regarding the applicant’s application.
(2) 
This request for a hearing must contain specific objections with the city utilities superintendent’s decision.
(3) 
Upon receipt of a timely filed request for an appeal, the city planner shall given public notice of the request for the appeal and convey within 15 days the Forks planning commission to hear the appeal.
(4) 
The Forks planning commission shall during the course of the appeal review the application, the city utilities superintendent’s review, the city utilities superintendent’s decision, and any testimony from either the applicant and/or the city utilities superintendent.
(5) 
Upon completion of the hearing, the Forks planning commission shall deliberate and make a determination as to whether the decision of the city utilities superintendent shall be left to stand, or whether it shall be overturned. If left to stand, no other means of appeal shall be permitted. If overturned, the Forks planning commission shall require the city utilities superintendent to rewrite the decision based upon the decision of the commission.
(Ord. 397 § 4, 1995)