(1) Construction of trail access improvements shall be in accordance with the EDDS.

(2) Prior to issuance of any building permit or temporary use requiring access via an unopened right-of-way, a trail permit must first be obtained.

(3) When the subject county right-of-way has been classified and designated by the county council as a primitive road, construction and use shall not exceed the limits for primitive roads contained in RCW 36.75.300, and amendments thereto.

(4) A permittee’s use of county right-of-way pursuant to a Type D3 or D4 permit shall be confined to direct or indirect access to properties for which the permittee has a right of possession and which were identified in the permit application. Access shall be for uses that are consistent with applicable land use controls.

(5) The issuance of a Type D3 or D4 permit does not and shall not diminish public ownership of the right-of-way or grant any exclusive privileges to the permittee. No permittee using county right-of-way pursuant to a Type D3 or D4 permit will prevent or restrict simultaneous use of the right-of-way by the general public, except where the prevention or restriction of public use is expressly approved by the engineer because the permittee’s use creates a hazard to the public.

(6) If primitive road signs are required at the connection with any public road, the department of public works will provide such signs conforming to the EDDS and the MUTCD. Initial installation of such signs shall be by the department of public works at the permittee’s expense. Subsequent maintenance of such signs will be performed by the department of public works.

(7) The engineer may require the permittee to provide additional surfacing material or other construction measures to safeguard the integrity of the existing right-of-way to which the permittee desires access.

(8) Each Type D3 or D4 permit issued by the department shall contain the tax parcel number of each lot or parcel to be served by the permitted access.

(9) The responsibility for construction and maintenance of the permitted road rests jointly and equally upon the permittees. Maintenance of the permitted road shall be to the mutual satisfaction of all permittees.

(10) A covenant shall be executed and recorded for each applicable parcel of land prohibiting the subdivision of any parcel served by a Type D3 or D4 permit without first obtaining a new trail access permit for any lots or parcels created by such action.

(11) Construction of trail permit road improvements shall be completed within one year of the date on which the applicable Type D3 or D4 permit was issued, unless approved otherwise by the engineer.

(12) The permittees shall obtain all other required permits and approvals including environmental review as specified in chapter 30.61 SCC.

(13) If not used in the construction of roadway improvements, any timber, soil, rock, vegetation, or other materials found within the right-of-way shall be disposed of by the permittee to the satisfaction of the engineer. Any affected fences located within the right-of-way shall be disposed of or relocated by the permittee to the satisfaction of the engineer.

(14) Where required by the engineer, a permittee shall, at the permittee’s own expense, have the right-of-way surveyed by a licensed land surveyor and shall record the survey. The recorded survey shall meet the requirements of the Survey Recording Act, Chapter 58.09 RCW.

(15) Where required by the engineer, a permittee shall, at the permittee’s own expense, prepare road construction plans, and a stormwater site plan in accordance with the EDDS and chapter 30.63A SCC.

(16) At the permittee’s expense, appropriate signs shall be posted by the department as required by the engineer.

(17) The engineer may require a legal description and supporting title report for any additional right-of-way dedicated or deeded to the county to provide the necessary right-of- way for construction of a trail permit access road.

(18) Within 5 working days of filing an application for a Type D3 or D4 permit, the applicant shall post a sign which meets county standards in a conspicuous location within the open public right-of-way where it abuts the access proposed in the application. At a minimum, the sign shall contain the following information: type of permit requested, assigned county file number, project description, and county contact person. The sign shall remain posted until the permit is either issued or denied by the department. The applicant shall provide evidence of posting by submitting to the department a verified statement regarding the date and location of posting. If verification of posting is not returned to the department within 15 days of the date on which the application was submitted, the department shall discontinue processing of the permit application until such verification is received. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 87-095 § 6, Sept. 23, 1987; Amended by Ord. 95-004 § 26, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended by Ord. 96-028 § 45, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 98-057 § 3, Aug. 3, 1998, Eff date Sept. 19, 1998; Amended by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003; Added by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).