Chapter 16.08 DEFINITIONS AND RULES OF CONSTRUCTION

The word “shall” is always mandatory and the words “may” and “should” denote use of discretion in making a decision or applying standards to a particular case. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 2, 1981)

16.08.020 Definitions generally.

For the purpose of this title, certain words and terms shall be used, interpreted and defined as set forth in this chapter. Words not defined shall have their commonly accepted dictionary meaning unless they are specifically defined in this chapter, or the context in which they are used clearly indicates to the contrary. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.030 “A” definitions.

“Access” is a means of approaching, entering and leaving a property, providing for the vested rights of an owner or lessee of land to ingress and egress to and from the property to and from a public street or road.

“Active solar energy system” means a system which collects the sun’s radiation in a specially designed structure or device for heating air, water or another liquid medium which is hydraulically/mechanically delivered to the point of use for space and/or water heating or is stored for future use. Pumps, piping, thermostats, fans and other devices characterize an active system. See “solar energy system.”

“Actual cost of inspection” means the cost, including overhead, to the city engineer or his designee of inspecting subdivision improvements.

“Addition” means one lot, tract or parcel of land lying within the corporate boundaries of the city that is intended for development.

“Adjoining common parcels” means land adjoining or touching other land at a common point and having a common owner.

“Alley” means a public thoroughfare or way having a width of not more than twenty feet that affords only a secondary means of access to abutting property and not intended for general traffic circulation.

“Arterial” means a term including both major arterials and minor arterials.

“Atterberg limits” means the moisture content of a soil when it changes from one physical condition to another, as determined by the Atterberg method of soil sample testing. The test has to do with the plasticity of soil, or the percentage of water content at which a soil flows. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.040 “B” definitions.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be determined using a fully developed watershed and the city’s engineering department’s criteria for a one-hundred-year storm.

“Binding site plan” means a drawing to scale and as set forth in Chapter 16.48, which also:

1. Shows the areas and locations of all streets, roads, improvements, utilities, open spaces and other matters specified by city, state or federal regulations;

2. Contains the inscriptions or attachment setting forth limitations and conditions available to the land.

“Block” means a well-defined parcel of land bounded on all sides by streets, railroad rights-of-way, physical barriers such as watercourses, public or common parks or open space, cemeteries, unsubdivided acreage, shorelines of waterways, boundary lines of municipalities or a combination thereof and not traversed by a through street.

“Boundary line adjustment” means a change in the location of lot lines that does not result in an increase in the number of lots, and does not result in any lots that do not conform to the standards and requirements of this code, comprehensive plan or other regulations.

“Buffer strip” means a landscaped strip of land at least ten feet in width that provides visual separation. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.050 “C” definitions.

“Clearing” means the removal of trees, snags, brush, rubbish and any structures not intended for use in the subdivision.

“Collector street” means a street that collects and distributes traffic within an area or neighborhood to the arterial system. It supplies abutting property with the same degree of access as a local street but is given priority over local streets in any traffic-control installations. Streets providing egress from a subdivision to connecting streets outside are generally collectors.

“Commission” means the planning commission of the city.

“Common land” means a a parcel or parcels of land reserved primarily for the recreational use of subdivision residents and owned and maintained in common by them, generally through a property owners’ association.

“Complete application” means the elements required in Section 16.16.050 to be submitted before the review authority will consider a preliminary plat.

“Condominium subdivision” means a subdivision with co-ownership or cooperative ownership of common property as defined in Chapter 64.32 RCW.

“Covenant” means a private legal restriction on the use of land, contained in the deed to a property or otherwise formally recorded.

“Cul-de-sac” means a local street closed at one end. Cul-de-sacs are required by this title to terminate in a turning circle for the safe and convenient reversal of traffic movement. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.060 “D” definitions.

“Day” means a calendar day (including weekends and holidays), as opposed to a business or working day.

“Dedication” means the deliberate appropriation of land or improvements by the owner thereof for any general or public use. In making a dedication, the owner reserves to himself no other rights than are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner on the final plat, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city council.

“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.070 “E” definitions.

“Easement” means a private agreement between parties to allow the use the real property of another for a specific purpose, such as access, utility lines, etc. An easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.

“Engineer” means the city engineer of the city.

“Environmental checklist” means the form required by Chapter 197-10 WAC to be filled out by the proponent of a major action, as defined in Chapter 197-10 WAC, before a threshold determination is made on the action’s environmental significance.

“Environmental impact statement (EIS)” means a document prepared pursuant to Chapter 43.21C RCW (the State Environmental Policy Act) and Chapter 197-10 WAC (guidelines implementing the Act). (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.080 “F” definitions.

“Final plat” means the final drawing and accurate representation of a subdivision showing lots, blocks, street and crosswalk rights-of-way, alleys, common areas, easements, dedications, distances, monuments, certificates of approval and other matters specified in Chapter 16.28, prepared for filing for record with the county auditor.

“Floodplain” means the boundaries shown on the Federal Emergency Management Act (FEMA) maps, mandated by the Floodplain Management Act as defined in Chapter 35.63 RCW as it now exists or is from now on amended. Generally it is the land area susceptible to being inundated by water from the base flood. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.090 “G” definitions.

“Grade” means the slope of a street or other public way, specified in percentage terms. Or on a site (adjacent ground elevation) is the computed average of the lowest and the highest points of elevation of the original surface of the ground, or existing paving or sidewalk within the area between the building and property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. On waterfront parcels as defined in the shoreline master program, the definition of grade from the shoreline master programs shall be used (WAC 173-14-030(3)).

“Greenbelt” means a landscaped strip of land wider than a buffer strip that provides visual separation and potential for recreational use.

“Gross acreage” means the total acreage lying within the boundaries of the plat.

“Gross density” means the number of dwelling units per gross acreage.

“Grubbing” means the removal of stumps, roots, rocks and other material in the ground. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.100 “H” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.110 “I” definitions.

“Improvements” means any structures, works or components thereof, including, but not limited to, streets, curbs, sidewalks, crosswalks, water and sanitary sewer lines and connections, drainage ditches, storm sewer systems, street light systems, landscaping and electric, gas, telephone and television lines and cables and appurtenant equipment. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.120 “J” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.130 “K” definitions.

“Kelso-Longview urban area” means census tracts 1 through 14 of Cowlitz County. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.140 “L” definitions.

“Local street” means a street that serves primarily to provide access to abutting property, that offers the lowest level of traffic mobility of city street classes, and on which through-traffic is deliberately discouraged.

“Lot” means a fractional part of subdivided land having fixed boundaries, being of sufficient area and dimensions to meet minimum requirements of the zoning ordinance, and intended as a unit for transfer of ownership and occupancy by one principal use or structure.

“Lot area” means the total horizontal area within the boundary lines of a lot. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.150 “M” definitions.

“Major arterial” means a street for moving large volumes of intra-area traffic, including traffic to and from the freeway-expressway system. Major arterials connect areas of high traffic generation within and around the city and provide links with important rural routes.

“Master plan” means the map showing the ultimate, intended development pattern of a parcel to be developed in successive phases of subdivision, prepared in conformance with Sections 16.20.030 and 16.28.030.

“Minor arterial” means a street that carries primarily through-traffic but has a secondary function of providing access to abutting property. Minor arterials offer less mobility and carry a lesser volume of traffic than major arterials, and distribute traffic from collector streets to major arterials as well as between major arterials. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.160 “N” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.170 “O” definitions.

“Open space” means land and/or water area that is predominantly undeveloped, and is set aside to serve the purposes of providing park and recreation opportunities, conserving critical areas and character. Open space excludes tidelands, shorelands, yards required by this title, areas occupied by dwellings, impervious surfaces not incidental to open space purposes, individual lots or land regulated under provisions of Chapter 16.20, and areas that were clear cut or extensively logged within five years of submittal.

“Other security” means one of the methods or instruments other than a plat performance bond assuring completion of improvements and including a personal bond, letter of credit from a bank, certified or cashier’s check, and assignment of funds. Provision of such methods or instruments shall conform to Chapter 16.12.

“Owner” means the person or group of persons having legal title to the land sought to be subdivided or the contract purchaser, mortgagee or person or group of persons who controls a deed of trust as beneficiary or grantor if such interest controls disposition of the property to be subdivided. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.180 “P” definitions.

“Passive solar energy system or design” means a system or design for space heating and cooling which uses the building itself for collection and storage of solar energy and relies primarily upon natural paths of warm and cool air flow for distribution. Collection is through south facing windows and storage is in an interior inanimate mass such as a concrete and tile floor, concrete and brick wall (known as a trombe wall) or water containers. See “solar energy system.”

“Person” means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture, municipality, county or state agency or any other group or combination acting as a unit.

“Planning commission” means the planning commission of the city.

“Plat performance bond” means a form of security executed by a surety company authorized to transact business in the state, securing to the city the satisfactory completion of required improvements and fulfilling the requirements of Chapter 16.12.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision furnishing a basis for the approval, conditional approval or disapproval of the proposed subdivision, showing lots, blocks, street and crosswalk rights-of-way, alleys, common open space, easements, dedications and distances and conforming in detail to Section 16.28.020.

“Private road” means a particular ingress and egress in private ownership and used by the owner or those having an express or implied permission from the owner, but not other persons.

“Public hearing” means a duly advertised proceeding of the planning commission, city council, or hearing examiner acting fairly and impartially and in accordance with law and adopted rules of procedure, at which persons affected by a proposed action have opportunity to appear, to be heard, to present evidence or testimony, and to challenge opponents’ evidence or testimony.

“Public meeting” means a proceeding of the planning commission or city council, open to the public and held in conformance with state statutes, at which action is taken. “Action” means the transaction of official business, including but not limited to a collective decision made by a majority of the members of the body, a collective commitment or promise by a majority of the members of the body to make a positive or negative decision, or an actual vote by a majority of the members of the body when sitting as a body or entity. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.190 “Q” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.200 “R” definitions.

“RCW” means the Revised Code of Washington.

“Right-of-way, public” means the property held by the city or other governmental jurisdiction for existing and/or future public access including land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use. The usage of the term “right-of-way” for land division purposes shall mean that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

“Roadway” means the improved and maintained portion of a right-of-way that provides vehicular circulation or principal means of access to abutting property. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.210 “S” definitions.

“Secretary” means the secretary of the planning commission.

“Short plat” means the preliminary and/or the final drawing of the short subdivision complying in all respects with this chapter.

“Short subdivision” means the process of dividing or redividing land into four or fewer lots, tracts, sites, parcels or divisions any of which is less than five acres in size.

“Significant tree” means any living woody perennial plant characterized by a main stem or trunk having many branches including the following:

1. Evergreen tree ten inches in diameter or greater, measured four feet above existing grade; or

2. Deciduous tree twelve inches in diameter or greater, measured four feet above existing grade; or

3. All trees located within a required critical area buffer as defined in Title 18.

“Site” means any plot or parcel of land or combination of contiguous lots or parcels of land.

“Sketch plan” means a generalized map preparatory to a preliminary plat, prepared for review at a preapplication conference, showing the general layout of a prospective subdivision, and conforming in detail with Section 16.28.010.

“Slope” means a term referring to the steepness of terrain, expressed in percentage terms, and determined by dividing the vertical rise in elevation by the distance over which the rise occurs.

“Soil hazard areas” means those areas identified in Section 18.04.250.

“Soil loading” means the weight that a soil can hold before it shears or fails.

“Soil shear strength” means the maximum resistance of soil to shearing stresses. A shear test indicates the ability of a soil to hold after cutting.

“Soil survey” means the “Soil Survey for the Cowlitz Area, Washington, 1974,” with 1979 update, prepared by the Soil Conservation Service of the U.S. Department of Agriculture.

“Soils engineering (geotechnical engineering)” means the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction of it.

“Solar access” means the provision of direct sunlight to the south wall or roof of a structure from 10:00 a.m. to 2:00 p.m., Pacific Standard Time (PST), on January 21st for the purpose of successfully operating a solar energy system.

“Solar energy system” means any solar collector or other solar energy device or any structural design of a building of which the primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, water heating or electric generation.

“Street” means a public way that provides vehicular circulation or primary access to abutting properties, inclusive of arterials, collector streets and local streets and exclusive of alleys. Physically, a street is the improved and maintained portion of a right-of-way that is designated for vehicular use.

“Street classification system” means the categorization of streets and alleys, by the following classes: freeway or expressway, major arterial, minor arterial, collector street, local street in multifamily housing areas, local street in single-family housing areas, commercial and industrial alleys, and residential alleys. Classification of any given street is based upon its location, present and prospective traffic volume, and relative importance and function. Streets providing egress from a subdivision to connecting streets outside are generally collectors. Authority for determination of the class of a street shall rest with the city engineer.

“Subdivider” means any person who files for approval of or who has undertaken a subdivision or who has an interest in title to such land.

“Subdivision” means a division or redivision of land or the act of dividing or redividing land into five or more lots, parcels, tracts or sites for the purpose of sale, lease or transfer of ownership.

“Subdivision agent” means any person who represents or acts on behalf of a subdivider in selling, leasing or developing or offering to sell, lease or develop any interest, lot or parcel in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2955 § 1, 1984; Ord. 2857 Art. 2 § 3, 1981)

16.08.220 “T” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.230 “U” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.240 “V” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.250 “W” definitions.

“WAC” means the Washington Administrative Code.

“Wetland” or “wetlands” means area inundated or saturated by surface waters or groundwater of a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if allowed by the county or city.

“Wetlands delineator” means a person who has received a degree from an accredited college or university in a field necessary to identify and evaluate a particular critical area, and/or a person who is professionally trained and/or certified in such field(s). Areas of technical expertise shall generally be: wetlands biology or ecology (for wetlands). (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.260 “X” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.270 “Y” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)

16.08.280 “Z” definitions.

Reserved. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 1, 2008; Ord. 2857 Art. 2 § 3, 1981)