Chapter 18.64
COMMERCIAL AND INDUSTRIAL BINDING SITE PLAN CODE (BSP)

Sections:

18.64.010    Title.

18.64.020    Purpose.

18.64.030    Definitions.

18.64.040    Applicability.

18.64.050    Administration.

18.64.060    Binding site plan – Preapplication review, conference required – Procedures and responsibilities.

18.64.070    Preliminary binding site plan approval – Application procedures.

18.64.080    Preliminary binding site plan approval – Director’s action.

18.64.090    Notice of hearing.

18.64.100    Hearing Examiner action – Public hearing, recommendation to Board.

18.64.110    Board action.

18.64.120    Preliminary approval – Duration – Extension allowed/conditions.

18.64.130    Final binding site plan – Procedures and requirements.

18.64.140    Improvements, engineering plans and construction required.

18.64.150    Standards and site improvements.

18.64.160    Subsequent site or lot segregation and development approvals – Binding site plan supplements – Procedures and requirements.

18.64.170    Performance guarantees.

18.64.180    Appeal.

18.64.190    Modification – Amendments.

18.64.200    Violations – Penalties.

18.64.210    Severability.

18.64.220    Effective date.

18.64.010 Title.

This chapter shall be known as the “Cowlitz County Commercial and Industrial Binding Site Plan Code (BSP).” [Ord. 97-044, § 1, 3-24-97.]

18.64.020 Purpose.

The purposes of this chapter are as follows:

A. To provide a voluntary procedure for subdividing private property for sale, lease or rent, or transfer of ownership for two or more commercial or industrial business sites, which may be used in lieu of Chapter 18.30 CCC, Planned Unit Development Code; Chapter 18.32 CCC, Urban Subdivision Code; or Chapter 18.50 CCC, Rural Subdivision Code;

B. To provide guidelines and flexibility for subsequent development of commercial and industrial land within an approved binding site plan;

C. To plan and provide opportunities and services for increased commercial and industrial land uses;

D. To promote orderly county growth, protect and enhance property values, and minimize conflicting and undesirable impacts of development both on and off site;

E. To coordinate the delivery of public and private infrastructure and services such as roads and transportation modes, water, sewage disposal, drainage and stormwater management for commercial and industrial development;

F. To provide convenience and safety for vehicular and pedestrian movement within the commercial or industrial sites, and to adjacent areas; and

G. To promote the health, safety and welfare of the citizens of Cowlitz County. [Ord. 97-044, § 2, 3-24-97.]

18.64.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly requires otherwise.

“Access” means an entrance way for vehicles and pedestrians to leave or enter a property or lot from a public or private road.

“Adjacent property owners” means owners of real property, as shown by the records of the County Assessor, within 300 feet of the boundary of the subject property ownership.

Area, Building. “Building area” means the total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Area, Floor. “Floor area” means the total interior floor space, measured in square feet, of a structure.

Area, Lot. “Lot area” means the total area contained within the property lines of a project area.

“Binding site plan” means a recorded drawing as required by this chapter which:

1. Identifies and shows the areas and locations of all roads, streets, improvements, utilities, open spaces and other matters required by this chapter;

2. Contains inscriptions or attachments identifying the limitations and conditions for the use of the land; and

3. Contains provisions making any subsequent site development conform with the recorded site plan.

“Board” means the Board of Cowlitz County Commissioners.

“Closed record meeting” means a meeting conducted by a single hearing body or officer authorized by the local government to conduct a meeting based on the records of an open records hearing, and to make a determination based on such record. Such meeting shall be in conformance with Chapter 347, Laws of 1995, as exists or is hereafter amended, or other public meeting.

“Commercial use” means an activity devoted primarily to wholesaling or retailing of a product, not manufactured on the premises, or a service for the purpose of generating income.

“Commercial zone” means any “C” zoning district established under Chapter 18.10 CCC, the land use code, as now exists or as hereafter amended; the term also means any area designated for neighborhood commercial (CN), regional commercial (CR) or tourist commercial (CT) land uses pursuant to the Cowlitz County Comprehensive Plan, as currently adopted or as hereafter amended.

“Department” means the Cowlitz County Department of Building and Planning, or as may be renamed or reorganized.

“Development” means any human-made change to improved or unimproved real property, including but not limited to construction or placement of any building, structure, dam, wall, fence, bridge, wharf, embankment, levee, dike, road, pile, abutment, excavation, sign, culvert, fill, earth movement or removal, mining, storage of flammables, explosives or other hazardous material, short subdivision, subdivision or other similar development.

“Director” means the Director of the Department of Building and Planning, or designee.

“Fire Marshal” means the Cowlitz County Fire/Life Safety Coordinator or designee.

“Geologist” means a person who has a bachelor of science degree in geologic sciences from an accredited college or university and has a minimum of five years’ experience under the supervision of a practicing, professional geologist, or is registered as a professional geologist in any state, or is a member of the American Institute of Professional Geologists.

“Hearing Examiner” means the Hearing Examiner of Cowlitz County, established under Cowlitz County Ordinance 95-193.

“Heavy industrial/manufacturing land use” means development that involves fabrication, manufacturing, assembly, processing and distribution of predominately raw materials, and primarily serving nonlocal wholesale and retail markets.

“Improvements” means all human-made modifications and physical alterations to a site, including but not limited to site preparation, construction of roads, buildings and utility services.

“Industrial zone” means any light manufacturing (ML) or heavy manufacturing (MH) land use district established under Chapter 18.10 CCC, as now exists or as hereafter amended; the term also means any area designated for light industrial or heavy industrial land use pursuant to the Cowlitz County Comprehensive Plan.

“Infrastructure” means necessary roads, stormwater management and treatment, fire flow and potable water, sewage and waste water disposal, utility and cable service lines, and other improvements needed for development.

“Light industrial/manufacturing land use” means development that involves fabrication, manufacturing, assembly, processing and distribution of predominately prefabricated materials, where the operation refrains from generation of noise, smoke, dust, odors, toxic gases, vibration, glare and heat.

“Lot” means a site, division, parcel, tract or subdivision created for commercial or industrial development under the provisions of this chapter.

“Lot of record” means a lot created by deed, contract or other legal instrument of record that lawfully conveys, sells or transfers ownership of real property, provided such lot was created in conformance with applicable regulations. A lot shall include all the land described within the recorded document, regardless of location in more than one section, township, range, donation land claim, tax lot or tax parcel.

“Mini-mall” means a small-scale shopping center, consisting of fewer than 10 stores or retail outlets.

“Open record hearing” means a hearing conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, for the basis of a quasi-judicial decision.

“Person” means any individual, firm, corporation, partnership, association or agency of state, county or municipal government, or other legal entity.

“Person of record” means any person providing testimony or information for or during an open record hearing. Only persons of record are allowed to be heard at or during a closed record meeting.

“Public hearing” means an open record hearing as defined above, or other hearing authorized by law where the public is invited to provide on record testimony to the hearing body.

“Public meeting” means a closed record meeting where public notice is not a requirement, and only those persons of record are entitled to be heard.

“Runoff” means the discharge of water from a site through surface streams expressed usually in terms of stormwater that flows onto, within, and/or off of the subject site.

“Screening” means vegetation, fence or earthen materials used to block visibility toward and/or away from a site or to lessen noise impacts from a site.

“SEPA” means the State Environmental Policy Act as now enacted or as hereafter amended.

“Shopping center” means a group of stores, shops and similar establishments occupying adjoining structures all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities.

“Sight distance” means the length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. This term is used in these regulations as a reference for unobstructed road visibility.

“Site” means the project area included in a binding site plan application or subsequent project permit areas. [Ord. 97-044, § 3, 3-24-97.]

18.64.040 Applicability.

Any person seeking to create two or more private property sites for sale, lease or rent or transfer of ownership for commercial or industrial land use development within an adopted C, MH or ML zone or area so designated in the Cowlitz County Comprehensive Plan, may request site plan review and approval prior to submission of construction permits. While not all inclusive, the following land uses may use binding site plan approval procedures in lieu of short subdivision, urban subdivision, rural subdivision or planned unit development subdivision regulations: two or more establishments for retail or wholesale business activity, professional offices and services, light or heavy manufacturing uses, or any shopping center or mini-mall establishment. [Ord. 97-044, § 4, 3-24-97.]

18.64.050 Administration.

The Director shall administer the provisions of this chapter, and may prepare such forms and procedures as may be necessary to carry out the requirements of this chapter. [Ord. 97-044, § 5, 3-24-97.]

18.64.060 Binding site plan – Preapplication review, conference required – Procedures and responsibilities.

A. Any person, before creating two or more lots for commercial or industrial land use activities in a C, ML or MH zone via this chapter shall submit to the Director a binding site plan preapplication, together with appropriate supporting data and required fee, and shall include 20 copies of the following:

1. A scaled site plan, drawn on 18-inch by 24-inch sheet(s), showing the property boundary, potential lots, topographic contours at appropriate intervals, existing and planned roads, water supplies, and sewage disposal, and other anticipated improvements;

2. A completed, but unsigned environmental checklist; and

3. A vicinity map showing the subject property and surrounding ownerships within 300 feet of the project site.

B. The Director shall coordinate and conduct a preapplication conference with the applicant and appropriate agencies within 20 working days following submission of the complete preapplication package. The purpose of a preapplication conference is to assist the applicant in identifying areas of potential concern, issues, standards, procedures, regulations and requirements, in order for the applicant to evaluate a project for later preparation and submission of a preliminary binding site plan application.

Discussion topics during the preapplication conference may include, but are not limited to: project layout, access and circulation, and parking needs, sewage disposal, potable water, fire flow, soils and topography, Comprehensive Plan, zoning, sensitive and/or critical areas, resource lands, stormwater management and treatment.

C. Participation in a preapplication conference and any conclusions reached at the conference shall in no way guarantee later binding site plan approval, or prohibit identification of additional issues during the formal review and approval process. [Ord. 97-044, § 6, 3-24-97.]

18.64.070 Preliminary binding site plan approval – Application procedures.

A. The preliminary binding site plan application shall be prepared pursuant to this chapter, and shall be submitted at least 60 days prior to the Hearing Examiner hearing at which consideration is desired.

1. Application Form. A completed Department application form, including but not limited to the name/title of the proposed development, maximum number of lots or sites planned, construction schedule, and appropriate fee, together with the following.

2. Preliminary Binding Site Plan Plat. Following the preapplication review conference, an applicant shall prepare and submit 25 copies of the preliminary binding site plan plat. Such plan shall be drawn by or under the direction of a professional surveyor or civil engineer licensed in Washington State, at a scale of not less than 50 feet to the inch nor more than 200 feet to the inch, on one or more sheets measuring 18 inches by 24 inches. In addition to 25 full-size copies of the proposed preliminary binding site plan, one reduced copy of the proposed site plan plat measuring 11 by 17 inches shall also be required. The preliminary binding site plan shall include the following:

a. A vicinity map, at a scale not more than three inches per mile, showing the project location, primary roads providing access to the site, or other information sufficient to locate the project site;

b. Title of the proposed development;

c. Names of applicant, and landowner if different from the applicant, project civil engineer, geologist and/or registered surveyor, with addresses and daytime telephone numbers of same;

d. Date of the drawing, north arrow, scale, section, township, range, donation land claim, subdivision or short subdivision lot information, subject property boundaries, and elevation contours and adjacent property boundaries shown within 100 feet of the subject property boundaries;

e. Anticipated number, location, configuration and size of planned lots, if known, and all existing development and land uses;

f. Location of any critical areas as defined in Cowlitz County Ordinance No. 96-104; resource lands as defined in Cowlitz County Resolution No. 94-133; landscaping, open space or other common areas existing or proposed within the boundaries of the project site;

g. Location of all existing and proposed public and private easements and the purposes thereof;

h. Elevation contour lines extended 100 feet beyond the project boundary as follows:

i.  Slope zero to 10 percent: two-foot vertical contour intervals,

ii.  Slope over 10 percent: five-foot vertical contour intervals.

3. Supplemental Information. The following information shall be provided to supplement the binding site plan application:

a. Copy of the recorded deed or contract showing the landowner and legal description of the property;

b. Copy of all existing and proposed rules, easements, restrictions and covenants for the project area;

c. Areas and volume of material proposed to be filled and/or graded within the proposed project area; including the amount and type of material used for fill, and proposed final grading contours or cross-sections;

d. On-site sewage disposal system plan; or three copies of preliminary sewer engineering plans if connection to an existing sanitary sewer system is proposed;

e. Three copies of preliminary water engineering plan identifying supplier, location, size of trunk and distribution lines, existing and planned easements, and location of fire protection facilities such as hydrants and reservoirs. If an on-site well is proposed for the binding site plan project area, all well log information, flow tests and a potable water availability certificate from the Cowlitz County Health Department;

f. Preliminary engineering plans for drainage and stormwater management and treatment showing the direction of flow, location of all existing natural or artificial drainage facilities; the type and location of proposed drainage improvements and stormwater treatment facilities;

g. Preliminary erosion control plans and recommendations for control of erosion and sedimentation trespass during site preparation and development;

h. Geotechnical soils report prepared by a geologist or geological engineer, if required following the preapplication conference;

i. Landscaping plan for the entire site, including the location of any areas to be dedicated for private or public use; species name and location of trees and shrubs that will be retained and/or planted. List of existing and planned plant species, with common names, to be used in the landscaping and/or common open space areas;

j. Assessor’s map showing the boundaries of the subject property and location of all contiguous ownership;

k. Noise attenuation plan, if determined necessary during preapplication review.

4. Each preliminary binding site plan proposal shall be accompanied by a completed, dated and signed environmental checklist. If it is determined that an environmental impact statement is required, the 60-day review period may be extended to provide the applicant with sufficient time to comply with SEPA, in conformance with Chapter 43.21C RCW, State Environmental Policy, Chapter 197-11 WAC, SEPA Rules, and Chapter 19.11 CCC, Cowlitz County Environmental Policy, as now enacted, or hereafter amended.

5. Name, address, tax lot number of each adjacent property owner, per the public tax records. [Ord. 97-044, § 7, 3-24-97.]

18.64.080 Preliminary binding site plan approval – Director’s action.

A. When the preliminary binding site plan application is determined complete and the required fee paid, the Director shall accept the application, assign a file number, and begin review procedures as set forth in this chapter. The Director shall distribute copies of the application inviting findings, commentary and recommendations and a date for return of such findings and recommendations from other federal, state and local agencies, departments, and those persons who have expressed an interest in reviewing binding site plan proposals relating to the items in subsection B of this section. The Director shall set a date for return of all findings and recommendations no less than 30 days before the Hearing Examiner hearing at which the proposal is scheduled for consideration.

B. The Director and all reviewing parties shall review the preliminary binding site plan proposal in regard to the following:

1. Physical Setting. Whether the binding site plan properly takes into account site topography, drainage and stormwater treatment, vegetation, soils, and any other relevant physical elements of the site;

2. Public Services. Whether the proposal makes provisions for:

a. Adequate water supply for potable and fire flow purposes,

b. Adequate fire protection or fire abatement equipment,

c. Adequate sanitary and processed waste water disposal,

d. Adequate stormwater management and treatment,

e. Adequate erosion control,

f. Adequate vehicular and pedestrian access for all anticipated uses within the site plan area,

g. Adequate roads and traffic circulation, transit, and where appropriate, railroad and waterborne transportation access and facilities,

h. Adequate telephone, natural gas or other petroleum supplies and transmission lines, electrical power supplies, and other utility and cable services;

3. Environmental Issues. Whether the proposal adequately addresses known and anticipated environmental elements and issues as well as identification of measures that will be taken to mitigate the impacts identified, as required under SEPA and the County Environmental Policy Code, Chapter 19.11 CCC, Ordinance No. 96-104 as adopted or hereafter amended, and other applicable regulations.

C. Director’s Report. The Director shall examine and review all commentary and recommendations, and determine how consistent the project is with planned land uses, the goals and policies of the Cowlitz County Comprehensive Plan, zoning development standards, specifications and general purposes of this chapter. The Director shall prepare a report recommending approval, approval with conditions, or denial to the Hearing Examiner. [Ord. 97-044, § 8, 3-24-97.]

18.64.090 Notice of hearing.

The Director shall publish a notice of public open record hearing in the official newspaper, mail copies of such hearing notice to adjacent property owners, and shall post three conspicuous notices in the vicinity of the project site, not less than 10 days prior to the hearing. Notice is deemed sent once placed in the mail. The notice(s) shall include the following:

A. Name of property owner, developer, if different from the owner, and project; common address and legal description for the site, if assigned; project description including acreage, phases, length of road(s) to be constructed, utilities to be installed, maximum number of land divisions or sites sought, and other pertinent information;

B. A deadline for submitting written comments to the Hearing Examiner;

C. Notice that the hearing is a public open record hearing, and only those persons who provide oral testimony at the public hearing, or those persons submitting written comments and recommendations shall have standing to be heard before the Board. [Ord. 97-044, § 9, 3-24-97.]

18.64.100 Hearing Examiner action – Public hearing, recommendation to Board.

A. Following public notice pursuant to CCC 18.64.090, the Hearing Examiner shall, at an open record public hearing, consider all relevant evidence. The Hearing Examiner shall:

1. Determine if the proposal is consistent with the general purposes, standards and requirements of this chapter, the Comprehensive Plan, zoning, and other applicable regulations; and

2. Inquire into the public use and interest proposed to be served by the project and/or dedication(s).

B. In lieu of requiring completion of all public and private improvements for the entire binding site plan area prior to occupancy of any structure on the site, the Hearing Examiner may recommend approval of a phasing schedule.

C. Following the open record public hearing, the Hearing Examiner shall recommend approval, approval with conditions, or denial to the Board based on findings and conclusions. Any hearing may be continued within the limits allowed by law.

D. No later than 14 calendar days following the Hearing Examiner’s decision, the Director shall transmit the Hearing Examiner’s recommendations to the Board for consideration at a closed record public meeting. [Ord. 97-044, § 10, 3-24-97.]

18.64.110 Board action.

A. Upon receipt of the Hearing Examiner’s recommendations from the Director, the Clerk of the Board shall set a date and time for a closed record public meeting at which the Board shall consider the proposal. The meeting shall be held no later than 15 working days following transmittal from the Director. No public notice shall be required; however, the Director shall provide notice of the meeting to the applicant and all persons of record.

B. The Board shall consider the recommendations of the Hearing Examiner and may adopt, modify or reject the Hearing Examiner’s recommendations based upon the record established at the Hearing Examiner’s open record public hearing. If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner’s recommendations approving or disapproving any preliminary binding site plan is necessary, the Board shall adopt its own findings and conclusions and approve or disapprove the preliminary binding site plan, subject to conditions as determined appropriate. [Ord. 97-044, § 11, 3-24-97.]

18.64.120 Preliminary approval – Duration – Extension allowed/conditions.

A. Within five years of preliminary binding site plan approval, the applicant shall comply with all conditions of preliminary approval and shall record a final binding site plan.

B. At least 30 days prior to expiration of preliminary approval, the applicant may submit a written request for an extension of the preliminary approval. The Director may grant one two-year extension if the applicant has completed and received approvals for all required engineering plans and specifications.

C. Following extension approval, the applicant shall complete construction of the required improvements, conform to the conditions of approval, and finalize the binding site plan plat for Board approval and recording. Failure to complete the improvements or guarantee performance of the required improvements and record a final binding site plan by the end of an extension period shall nullify all previous approvals, and a new application shall be required if the applicant desires to continue the project. Any new application shall conform to the requirements of the ordinance in effect at the time the new application is submitted. [Ord. 97-044, § 12, 3-24-97.]

18.64.130 Final binding site plan – Procedures and requirements.

A. Compliance with Preliminary Approval. Prior to submittal of a final binding site plan plat for approval by the Board, the applicant shall demonstrate compliance with all the conditions of preliminary approval, the requirements of this chapter, and prepare all necessary final documents.

B. Final Binding Site Plan Plat for Commercial and Industrial Projects. The final binding site plan plat shall be drawn in black ink on mylar or paper, having dimensions of 18 inches by 24 inches, with a one-inch left margin and half-inch right, top and bottom margins. Such plan must be prepared by or under the direction of, and shall be stamped and signed by, a land surveyor or civil engineer licensed in the state of Washington. The plat shall include elevations and primary control points approved by the County Engineer. All lines and ties to all monuments and control points shall be identified and shown with dimensions, bearings, angles and arc data.

The final binding site plan plat shall also include the following:

1. The name of the binding site plan project and phase number;

2. The scale, north arrow and date of final plat preparation;

3. Written exterior boundary description of the subject property;

4. Names, location, width and purposes of all public and private road rights-of-way in and abutting the subject site, all public and private easements, all commercial or industrial lot boundaries and sites known at the time of final binding site plan approval, together with accurate bearings, dimensions, angles and all curve data; provided, extensions of existing roads shall bear the name of the existing roads. New road names shall be subject to approval by the Director;

5. Maximum number of lots approved with the preliminary site plan shall be noted as a restriction on the face of the final site plan:

RESTRICTION: The number of lots, divisions or sites created within this final binding site plan shall not exceed__________, except in conformance with CCC 18.64.

6. Reference to all easements, agreements, conditions, covenants and restrictions supplemental to the binding site plan;

7. Required setback lines;

8. Location of project buildings, when required by the Director;

9. Loading areas when required;

10. Other restrictions, conditions and requirements as deemed necessary by the Director. The restrictions shall require all development within a binding site plan area to conform with the standards procedures, and regulations listed in CCC 18.64.130 through 18.64.150.

C. Certifications and signatures on the binding site plan final plat shall include the following:

1. A statement that the final binding site plan has been made with the free consent and in accordance with the desires of the owners of record. If the binding site plan is subject to public or private dedication(s), the owners shall also sign a statement of dedication identifying all such facilities, and shall include a waiver of all claims against any governmental authority for damages to adjacent land from the construction, drainage and maintenance of a public road or other public facility. Any certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land divided and recorded as part of the final binding site plan.

a. Notary public certifying city of residence, commission expiration date, and a statement of owners’ signature authenticity;

2. Signature, stamp and statement of the project engineer licensed in the State of Washington certifying that the standards of all constructed improvements are in conformance with the plans and specifications filed;

3. Signature, stamp and statement of a surveyor, licensed in the State of Washington, certifying that the binding site plan survey is accurate and conforms to the provision of these regulations and state law;

4. Date and signature blocks for the following:

a. Health Officer, certifying examination and approval of potable water and sewage disposal facilities,

b. County Assessor, certifying examination, calculation and certification of the taxes due as required by law,

c. County Treasurer, certifying that the taxes and all local improvement district assessments on the described property are paid through the current year, or through the following calendar year if the final binding site plan plat is recorded after May 31st,

d. County Engineer, certifying examination and approval that the binding site plan conforms to survey data, layout of roads and rights-of-way, design of bridges, sewage and water systems, and all other public improvements,

e. Director, certifying examination and approval of the final binding site plan, and

f. Board, certifying final binding site plan approval.

D. Binding Site Plan Title Report. All final binding site plan plats shall be accompanied by title company certification, current within 30 days of submitting the final binding site plan, confirming that the title of the lands as described and shown on the binding site plan is the same as the owner(s) signing the final binding site plan, and identification of all easements, liens, covenants, conditions and restrictions applicable to the property described therein.

E. Lot corners and perimeter monuments shall be set and monumented prior to approval and recording of the binding site plan or any amendment thereto. The location of all such monuments shall be shown on the final binding site plan. In all binding site plans where final approval is to be granted by acceptance of a performance guarantee, corners and perimeter monuments shall be set prior to final approval of the binding site plan, and the performance guarantee shall include the resetting of any monument that may be lost during construction of improvements.

F. Upon signature of the Board, the developer shall record the binding site plan in the office of the County Auditor. The recorded binding site plan shall be known as an approved binding site plan, and all subsequent development within the boundaries of such site plan shall be regarded as supplements thereto. [Ord. 16-113 § 7, 9-20-16; Ord. 97-044, § 13, 3-24-97.]

18.64.140 Improvements, engineering plans and construction required.

A. Prior to final binding site plan approval, the proponent shall provide the infrastructure necessary for subsequent development on lots created within the boundary of a binding site plan project area.

B. All construction shall conform to the approved engineering plans and specifications. All engineered plans and specifications shall be prepared by a professional engineer registered in the State of Washington. Prepared engineering designs, plans and specifications shall be reviewed by and be subject to approval from the County Engineer, utility purveyor, or other person determined by the Director. Corrections shall be completed and plans signed and stamped by the project engineer, and a copy shall be filed with the purveyor, County Engineer, and the Department. All required improvements shown in the plan shall be designed and sized to accommodate all future phases and a fully developed binding site plan project area.

C. The following engineering plans, designs, and specifications shall be prepared and approved prior to any clearing, grubbing, filling, grading or other site preparation within the boundary of a binding site plan project area:

1. Grading/Excavation. Prior to any site preparation or terrain modification where existing terrain or natural features are to be graded, filled, cleared, grubbed or otherwise disturbed, an engineered grading/excavation plan shall be completed, stamped and signed by the project engineer and submitted to utility purveyor(s), County Engineer, and Department for approval. Grading and excavation plans shall include the extent of any fill, excavation or grading modifications.

2. Roads, Access and Parking Improvements. Engineered plans for road and general cir-

culation improvements into, within, and adjacent to the project site, and parking, sidewalks, and interior driveways, shall be subject to approval from the County Engineer and/or Washington State Department of Transportation. All parking areas shall be hard surfaced with appropriate storm drainage improvements. All construction shall conform to the approved engineering plans and specifications.

3. Stormwater and Drainage. Stormwater management plans for runoff from all existing and planned roads, parking lot(s) and buildings shall be calculated and stormwater management and treatment improvements shall be engineered, designed and constructed to provide collection, detention and stormwater treatment for at least a 50-year event in conformance with CCC 18.10.502(B), as now exists or is hereafter amended, for a fully developed binding site plan project. Stormwater facilities shall be designed and constructed so the runoff rate does not exceed that of the site prior to development, unless otherwise specified by the County Engineer. All stormwater treatment shall be designed to meet best management practices. All construction shall conform to the approved engineering plans and specifications.

4. Erosion Control. Erosion control improvements shall be engineered, designed and constructed to avoid erosion and sediment transport to natural drainage ways, streams or water bodies on or off-site. All construction shall conform to the approved engineering plans and specifications.

5. Water. All water system improvements shall be engineered, designed and constructed to conform to both fire flow and potable water requirements. All construction shall conform to the approved engineering plans and specifications. Engineering plans shall show the location and size of all water mains as well as lateral service lines if known, and the size of any on-site reservoir or water treatment facility. All construction shall conform to the approved engineering plans.

6. Sewer Systems. Sewage disposal and treatment improvements shall be engineered, designed and constructed to meet the requirements of the purveyor. All construction shall conform to the approved engineering plans and specifications.

In areas where sanitary sewers are not available, on-site sewage disposal system improvements shall be designed and constructed to meet state health regulations based on the anticipated maximum waste disposal needs for a fully developed site. All construction shall conform to the approved engineering plans and specifications. Dry sewer line and riser installation may be required in the street right-of-way to provide for later connection to sanitary sewers or to community sewage treatment facilities, as may be required by the Director.

7. Subsurface Geotechnical Report. A subsurface geotechnical report may be required depending on the conditions inherent to the subject property or adjacent lands.

Such a report shall be prepared as required under Ordinance No. 96-104, the Critical Areas Ordinance, as exists or is hereafter amended. [Ord. 97-044, § 14, 3-24-97.]

18.64.150 Standards and site improvements.

A. All subsequent lot development and site improvements shall be designed and constructed in conformance with approved engineering plans, designs and specifications, and as follows:

1. Road Right-of-Way Realignment, Dedication or Widening. If the County Engineer or the Washington State Department of Transportation and Director conclude that the road right-of-way adjacent to the proposed binding site plan project is inadequate for widening, and realignment or turning lanes are required for the existing road as a direct result from the anticipated traffic impacts of the proposed development, they may require a dedication of necessary right-of-way and/or construction of the necessary improvements. All construction shall conform to the approved engineering plans and specifications.

2. Easements. Permanent easements shall be provided for utilities and other public or private services. All utility easements within a final binding site plan project boundary shall be approved by written agreements signed by the applicant and appropriate utility purveyor before Board approval of the final binding site plan. Any such easements and purposes thereof shall be shown in their exact location on the final binding site plan plat.

3. Existing Structures. If existing structures are nonconforming with building codes or zoning standards, the applicant shall bring the structures into compliance with the current Uniform Building Code for commercial or industrial occupancy, prior to issuance of an occupancy permit. This chapter does not allow an applicant to make a structure more nonconforming.

4. Energy Conservation. The use of site-specific energy schemes that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions shall be encouraged.

5. Development of land in a 100-year floodplain area shall be subject to full compliance with Chapter 16.25 CCC, the Floodplain Management Code, as now exists or is hereafter amended.

6. Development of land within shoreline management jurisdiction shall be subject to full compliance with Chapter 19.20 CCC, Cowlitz County Shoreline Management Code as now exists or is hereafter amended.

7. Driveway Spacing. Direct access to public roads may be restricted by the County Engineer or other agency with jurisdiction. Ingress and egress to public roads for all commercial and industrial sites shall be as required pursuant to Chapter 468-52 WAC, Highway Access Management – Access Control Classification System and Standards, as now exists or as hereafter amended. The Director may require driveway access and parking areas to be shared or combined to minimize turning movements onto a public or private road.

8. Parking. All parking spaces and lots shall conform to the standards listed under CCC 18.10.560 through 18.10.562 of the County Land Use Code as now exists or is hereafter amended.

9. Loading areas for all commercial or industrial land uses shall be provided. Such loading areas shall be designed for the rear of a structure wherever possible to avoid blocking traffic on public or private roads. Loading areas in other locations shall be subject to approval by the Director.

10. Equipment storage shall conform to the standards listed under CCC 18.10.564, as now exists or is hereafter amended. No equipment storage shall be allowed within a front yard setback area.

11. All signs shall be designed and constructed to conform to the standards listed under CCC 18.10.568, as now exists or is hereafter amended.

12. All lighting shall be designed and arranged to conform to the standards of CCC 18.10.502, as now exists or is hereafter amended.

13. All building and yard maintenance shall conform to the requirements of CCC 18.10.502, as now exists or is hereafter amended.

14. Underground Utility Systems. All utilities shall be placed in underground locations either by direct burial or by means of conduit or ducts. No overhead utility lines shall be allowed, unless the utility purveyor finds underground utility lines cannot physically be installed according to accepted engineering practices and as provided herein. Engineering plans and specification plans for all power distribution lines, telephone wires, television cable, fire alarm systems and other communication wires, cables or lines shall be reviewed by and be subject to approval from the purveyor. Except for fire alarm systems, purveyor access easements shall be shown on the final binding site plan.

Nothing in this chapter in relation to underground wiring shall apply to transmission power lines carrying a voltage of 55 kV or more, nor shall it be construed to prohibit the placement of pad-mounted transformers, terminal pedestals, or other electrical and communications devices normally above ground, as determined by the appropriate utility purveyor. All utility construction shall conform to the approved engineering plans and specifications.

15. Landscaping. Front yard landscaping with lawns, deciduous or evergreen trees or shrubs, flowers, berm or combination thereof shall be required in the vicinity of any entrance, adjacent to any office, and between the fronting road and any buildings or parking area. Landscaping and screening shall not interfere with building security and visibility from the fronting road or sight distance at an intersection or other ingress/egress point with the fronting road, and interior road, or parking area. All landscaping shall be subject to approval of the Director.

16. Noise generated by any commercial or industrial development shall be required to conform to the requirements of CCC 18.10.502, the County Land Use Code, Chapter 10.25 CCC, the County Noise Nuisance Ordinance, and Chapter 70.107 RCW, the State Noise Control Statute, as all now exist or are hereafter amended. Noise attenuation may be required.

17. Fire hydrants or other fire suppression equipment shall be installed, tested and approved per the requirements of the Fire Marshal prior to framing of any new buildings, or occupancy of an existing building.

18. Lots. There shall be suitable industrial or commercial building sites provided on each lot created.

B. Voluntary Agreements. Nothing herein shall prohibit voluntary agreements with the county that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a binding site plan allowed by this chapter.

C. Inspections. A professional engineer, licensed in the State of Washington, funded by the applicant, and approved by the Director, shall be responsible for inspection of all installation and construction of roads, utilities and other improvements, except buildings and structures requiring building permits from the Department. Such engineer shall certify by stamp and signature that all construction conforms to the approved plans, designs and specifications. That engineer shall provide signed and stamped as-built engineering and construction plans as each phase of development is completed. The as-built plans shall be recorded as supplements to the recorded binding site plan and any subsequent phase thereto.

D. Acceptance of Improvements. The County Engineer is authorized to accept completed improvements required in this chapter on behalf of the Board; provided, any right-of-way dedication shall require Board approval prior to recording the final binding site plan or any amendment thereto. [Ord. 97-044, § 15, 3-24-97.]

18.64.160 Subsequent site or lot segregation and development approvals – Binding site plan supplements – Procedures and requirements.

A. The Director is authorized to approve all subsequent site or lot segregations and development(s), in conformance with this chapter and applicable regulations.

B. All development following final binding site plan approval shall be a supplement to the recorded binding site plan plat. The following requirements shall be met prior to issuance of an occupancy permit for any structure or building.

1. Any lot created within the boundary of an approved and recorded binding site plan shall be surveyed, legally described and a certificate of segregation approved by the Director. The signed certificate, survey, project site drawings, and as-built plans shall be filed and recorded in the office of the County Auditor as a supplement to the original binding site plan plat.

2. The number of lots created shall not exceed the maximum allowed under the provisions of the original binding site plan plat approval.

3. All leases, deeds, contracts or other documents creating a lot shall reference the conditions, covenants and restrictions applicable to the original binding site plan, and the standards in CCC 18.64.140 and 18.64.150 and this section.

4. There shall be no open record public hearings or closed record public meetings required for creation of, or for development on, lots created within the boundary of an approved binding site plan. All development on lots within the boundary of a recorded binding site plan shall meet the following and the requirements and standards of this section and CCC 18.64.130 through 18.64.150.

5. Each lot shall be surveyed by or under the direction of a surveyor registered in the State of Washington. Such survey shall show the boundary of the created lot and lot area, its relationship to the recorded original binding site plan, building footprint(s), including building dimensions, area, floor area(s), landscaping areas, parking lot(s) with layout showing the location, width and number of parking spaces, walkways, loading area(s), driveways and other site improvements. Each lot shall be numbered in order of creation. Further division of any lot or creation of additional lots within the boundary of the final binding site plan area shall reference the original lot number and alphabetical letter denoting its subsequent order of creation or redivision, e.g., Lot 1, Lot 1A, Lot 2, Lot 2A, Lot 2B, Lot 2B1, Lot 3, etc.

6. Prior to issuance of an occupancy permit for any building constructed on a lot created within an approved binding site plan boundary, all required improvements needed to adequately service that portion of the binding site plan shall be installed, inspected, approved, and as-built plans shall be recorded as a supplement to the original binding site plan. [Ord. 97-044, § 16, 3-24-97.]

18.64.170 Performance guarantees.

Suitable performance guarantee shall be provided for all improvements and conditions of binding site plan approval as follows:

A. In lieu of completing the required improvements, an applicant may request final binding site plan plat approval, subject to approval of a suitable guarantee. The guarantee must be in a form acceptable to the County Engineer, Board and Prosecuting Attorney, and in an amount in conformance with this section. The amount of the guarantee is established at 200 percent of the cost to the county for construction of all improvements and for a professional engineer to inspect the improvements and complete as-built plans. The guarantee amount will require annual review by the County Engineer, and the applicant may be required to revise the guarantee amount to reflect the current inflation rate. Based on the revised amount, the applicant shall resubmit suitable guarantee to the county, or forfeit the guarantee. All improvements shall be completed by the applicant within the time period stipulated in the guarantee agreement, or the guarantee funds shall be forfeited, and the county shall complete the improvements, in conformance with the approved engineering plans and specifications.

B. At the time of final acceptance of the improvements, the applicant shall provide the county with a one-year bond, cash, or letter of credit as warranty at 30 percent of the established final cost of the improvements which must be acceptable to the County Engineer and Prosecuting Attorney. The applicant shall also provide a two-year warranty at 30 percent of the final cost of the improvements for all drainage and stormwater management and treatment improvements installed. [Ord. 97-044, § 17, 3-24-97.]

18.64.180 Appeal.

A. Any appeal of a decision of the Board shall be to the County Superior Court pursuant to state law.

B. Appeals from decisions made by the Director shall be made to the Hearing Examiner pursuant to CCC 18.10.340 through 18.10.360 and this chapter, as now exists or is hereafter amended. Such an appeal must be made in writing and filed with the Director within 20 calendar days from the date on which the decision was issued, together with applicable fees as adopted from time to time by resolution of the Board.

1. The written appeal shall include a detailed explanation stating the reasons for the appeal. The decision of the Hearing Examiner shall be final unless appealed to Superior Court. [Ord. 97-044, § 18, 3-24-97.]

18.64.190 Modification – Amendments.

A. Prior to commencement of lot improvements, any applicant may make application to the Director requesting a modification from the standards in CCC 18.64.140 and 18.64.150, provided there shall be no variance from density requirements. However, lots, structures, parking lots, and other improvements may be clustered to protect and preserve critical areas, resource lands, or other environmentally sensitive areas.

B. A request for modification of 20 percent or less shall be determined by the Director as an administrative decision.

C. A request for modification over 20 percent shall be determined by the Hearing Examiner with recommendations and conditions set in consultation with the Director and County Engineer. Such decision shall be made during a regular meeting of the Hearing Examiner. No public notice shall be required.

D. No modification shall be granted until the following facts have been established:

1. There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, or topographic or unusual physical features that apply to the subject property that could not be discerned during the initial review of the land, and which prohibit the applicant from meeting the standards in this chapter or other application land use regulations; and

2. The authorization of a modification or variation from the standard(s) will not be detrimental to the public welfare, or injurious to property in the vicinity, zone or land use designation in which the property is located; and

3. A hardship would be incurred by the applicant if he/she complied with the strict application of the standards. [Ord. 97-044, § 19, 3-24-97.]

18.64.200 Violations – Penalties.

A. A violation of this chapter shall be a public nuisance and civil infraction. Violations are subject to the provisions of Chapter 2.06 CCC, the Cowlitz County Civil Penalties Code. Each day a violation continues is a separate infraction. Payment of any penalty imposed for an infraction does not relieve a person from the duty to comply with this chapter.

B. It is a civil infraction and violation of this chapter for any person to modify or vary from the standards in this chapter or the conditions of the binding site plan without prior written approval from the Director. [Ord. 97-044, § 20, 3-24-97.]

18.64.210 Severability.

If any section, subsection or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection or portion thereof shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 97-044, § 21, 3-24-97.]

18.64.220 Effective date.

This chapter shall become effective immediately. [Ord. 97-044, § 22, 3-24-97.]