(1) Regardless of the existing level of service, development which adds three or more p.m. peak-hour trips to a location in the road system determined to have an existing inadequate road condition (IRC) at the time of imposition of mitigation requirements, or development whose traffic will cause an IRC at the time of full occupancy of the development, must eliminate the IRC. To eliminate an inadequate road condition means to make sufficient changes to the road system to allow the county engineer to determine that the location no longer constitutes an inadequate road condition.

(2) If a developer wishes to challenge the department’s determination that the development adds three or more p.m. peak-hour trips through any IRC location on the road system, the developer may submit a traffic distribution analysis in accordance with SCC 30.66B.035. If the traffic distribution analysis shows that the development does not add three or more p.m. peak-hour trips through the IRC location, the application for the development will be allowed to proceed with no obligation to eliminate an IRC.

(3) If a location uninvestigated by the department of public works is brought to the attention of the hearing body at public hearing as a potential IRC, the hearing body shall determine if investigation is warranted and if so, the hearing body shall not conclude the hearing until the location has been investigated and a determination of its status made by the county engineer. The county engineer’s investigation shall occur within 14 days of the identification of the potential IRC, or within 14-days of submission of a traffic study by the developer, if the county engineer determines one is required.

(4) The county engineer shall determine whether or not a location constitutes an IRC in accordance with department of public works administrative rule. The county engineer’s determination that a location constitutes an IRC is final and is not subject to review or appeal pursuant to SCC 30.66B.820, but the effect of an IRC location determination on a development may be appealed in accordance with SCC 30.66B.820.

(5) A development’s access onto a public road shall be designed so as not to create an IRC. Developments shall be designed so that IRCs are not created. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).