Chapter 18.30 PLANNED UNIT DEVELOPMENT

Cross-references:
Chapter 58.17 RCW: Plats and subdivisions.
Chapter 18.34 CCC: Short subdivisions.
CCC 16.15.020: Road, bridge, and drainage construction standards.

Codifier’s note: The following ordinances and resolutions, now repealed, pertained to subdivisions and plats; Ord. 2301, 4-20-71; Ord. dated 6-13-67, 42 J 500; Ord. dated 9-12-61, 33 J 318, as amended by Ord. dated 9-18-64, 37 J 130, and amended by Ord. dated 5-14-65, 38 J 197; Res. dated 3-11-58, 29 J 745; Res. dated 5-7-54, 26 J 482.

GENERAL PROVISIONS

18.30.010 Title.

This chapter shall be known and may be cited as the “Planned Unit Development Ordinance”. [Ord. 84-238, § 1, 11-5-84.]

18.30.020 Purpose.

The purposes of this chapter are as follows:

A. To allow greater flexibility and to encourage more innovative design for the development of residential areas than is generally possible under conventional zoning and subdivision regulations;

B. To encourage more economical and efficient use of land, streets, and public services;

C. To preserve and create usable open space and other amenities superior to conventional developments;

D. To preserve important natural features of the land, including topography, natural vegetation, and views;

E. To encourage development of a variety of housing types and densities. Townhouse development is particularly encouraged;

F. To encourage energy conservation, including the use of passive solar energy in project design and development to the extent possible;

G. To provide incentives to developers of increased density, lower costs, and permissive variations in zoning and subdivision standards in return for higher quality living environments;

H. To encourage infill development of problem areas or sites characterized by special features of geography, topography, size, shape, or historical legal nonconformity;

I. To permit flexibility of design that will create desirable public and private open space; to vary the type, design, and layout of buildings; and to utilize the potentials of individual sites and alternative energy sources to the extent possible;

J. To reduce public service costs and energy demands of development. [Ord. 84-238, § 3, 11-5-84.]

18.30.030 Applicability.

A. This chapter may be applied to those unincorporated areas of Cowlitz County that may be served by public and/or community water and/or sewerage or on-site sewage disposal system, where such on-site system conforms to State Health Regulations, and which are classified as rural residential-1, rural residential-2, rural residential-5, urban residential, or multiple-family under the Cowlitz County Zoning Code, or, in unzoned areas, classified as rural residential-1, rural residential-2, rural residential-5, low density urban residential, or high density urban residential under the Cowlitz County Comprehensive Plan.

B. This resolution may apply to the development of five or more lots for sale, lease or transfer in lieu of the Urban Subdivision Code, Chapter 18.32 CCC, or Rural Subdivision Code, Chapter 18.50 CCC.

C. Condominium/townhouse developments authorized pursuant to the Horizontal Property Regimes Act, Chapter 64.32 RCW, shall proceed under the provisions of this chapter unless located in an area designated multifamily.

D. Relationship to Other Ordinance Provisions. Developments approved pursuant to this chapter shall be superimposed upon the underlying zone and/or Comprehensive Plan classification; and the regulations of this chapter shall modify and supersede those regulations of the underlying zone and/or Comprehensive Plan classifications. [Ord. 89-171, § 1, 10-2-89; Ord. 84-238, § 4, 11-5-84.]

DEFINITIONS

18.30.040 Definitions.

For the purpose of this chapter, the words or phrases shall be defined as set out in this section.

“Access” means the right to ingress and egress from a public road.

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

“Applicant” means the owner of the land proposed to be subdivided, or his representative.

“Arterial” means a road intended for high volumes of traffic and providing connections with major state and interstate roadways. An arterial is not intended to be a residential street, but has high potential for the location of significant community facilities as well as retail, commercial and industrial facilities.

“Board” means Board of County Commissioners.

“Bond” means any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Board, to cover the cost(s) including inflationary costs of constructing or installing any improvements required.

“Building site” means a parcel of land occupied or intended to be occupied by one main building and its accessory buildings, together with all other required yards, open space and setbacks.

“Commission” means Cowlitz County Planning Commission.

“Common open space” means an improved or unimproved area designated and maintained for: recreation; visual buffering; preservation in a natural state because of natural assets; provided, that open space does not include street right-of-way (except private street rights-of-way), parking lots, or yards in platted lots.

“Comprehensive Plan” means the Cowlitz County Comprehensive Plan as adopted by the Board of County Commissioners.

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

“County” means Cowlitz County, Washington.

“Day” means day(s) that the office of the Administrator is open for business, unless otherwise specified.

“Dedication” means the deliberate appropriation of land by an owner for any general or public uses reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

“Department” means the Department of Building and Planning.

“Development” means any human-made change to improved or unimproved real estate, including but not limited to clearing, grubbing, grading, construction, fill, excavation, placement of buildings, or other similar improvements.

“Difficult development land” means land which the Administrator has found to be environmentally sensitive or unsuitable for subdivision due to the flooding, poor drainage, steep slopes, slide areas or potential slide areas, rock and soil formations, or other features likely to be harmful to the safety and general health of the future residents and adjacent landowners.

“Easement” means a written grant by property owner to specific individuals, corporations or to the public or its agencies to use his land for specific purposes.

“Engineer” means the Director of Public Works or his designee.

“Frontage” means property line on the fronting street or extent of property along a road or street.

“Homeowners’ association” means the grouping or uniting of persons residing within a defined area into an incorporated entity to provide for the operation, maintenance and protection of a common enterprise.

“Land surveyor” is as defined by the Engineers and Land Surveyors Act, Chapter 18.43 RCW.

“Lot” means a fractional part of divided lands having fixed boundaries, and being of sufficient area and dimensions to meet current minimum zoning and Comprehensive Plan requirements for width and area. The term shall include tracts, parcels or sites.

“Master plan” means the map, sketch or other presentation showing the ultimate development pattern of a parcel of property that is to be developed in successive stages or subdivisions.

Open Space. See “common open space.”

“Owner” means any person who is the fee owner, except that with respect to property being sold under a real estate contract it shall mean the contract purchaser, and with respect to property subject to a deed of trust it shall mean the grantor.

“Person” means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture. The word “person” shall also include a municipality, county or state agency.

“Planned unit development (PUD)” means a type of subdivision characterized by a unified site design, clustering of buildings, common open space, density increases, and a mix of land uses and building types.

Plat, Final. “Final plat” means an accurate map or representation of the subdivision showing lots, blocks, streets, alleys and other divisions and dedications prepared for filing for record with the County Auditor.

Plat, Preliminary. “Preliminary plat” means a neat and approximate drawing of the proposed layout of streets, blocks, lots and other elements of the plat or subdivision which shall furnish a basis for the Planning Commission’s approval or disapproval of the general layout of the plat or subdivision.

“Protective covenants” means an agreement which binds a landowner and his successors in interest to do or refrain from doing certain acts with relation to the property which is the subject of such agreement.

“Public water system” means a publicly operated system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities, when water is furnished to any community, collection, or number of individuals, or is made available to the public for human consumption, or domestic use, excluding water systems serving one single-family residence.

“Purveyor” means the agency(ies) providing water, sewer, or other urban services.

“Right-of-way” is a general term denoting land, property or interest therein, usually reserved for transportation or utility purposes.

“Road” means the improved and maintained portion of a right-of-way which provides vehicular circulation or principal means of access to abutting properties.

Road, Private. “Private road” means a roadway intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its construction.

Road, Public. “Public road” means a highway or roadway established and adopted by the proper authorities for the use of the general public.

“Shadow pattern” means the composite shape of a shadow cast by an object from 10:00 a.m. to 2:00 p.m. Pacific Standard Time January 21st.

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

“Solar easement” means a right expressed as an easement, restriction, covenant, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems (RCW 64.04.150(1)(b)). A solar easement allows a solar system owner to use the airspace above the southern neighbor’s property in order to receive uninterrupted sunlight.

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

“State Environmental Policy Act (SEPA)” means Chapter 43.21C RCW or as hereafter amended.

“Subdivider” means any person, firm or corporation undertaking the subdividing or resubdividing of any parcel of land.

“Subdivision” means a division of land, into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease or transfer of ownership, and shall include all resubdivision of land.

“Townhouse” means two or more single-family dwellings which are separated by common party walls extending from the ground to the roof and which have no doors, windows, or other provisions for passage or visibility through the common walls.

“Zone” means the land use classification adopted pursuant to Chapter 18.10 CCC and in unzoned areas of Cowlitz County, the land use designation assigned pursuant to the Cowlitz County Comprehensive Plan. The term shall include “zoned,” “zones,” and “classified.” [Ord. 15-039 § 5, 3-24-15; Ord. 89-171, § 2, 10-2-89; Ord. 84-238, § 5, 11-5-84.]

APPLICATION

18.30.280 Preapplication conference.

A. Prior to the submission of the preliminary plat, a preapplication conference is required. The subdivider or his representative shall submit 20 copies of a basic sketch plan and project concept for a preapplication conference with the Administrator, Engineer, and other agencies to discuss as many potential concerns as possible in order for the preliminary plat to be processed without delay.

B. Discussion topics at this time may include such things as: Comprehensive Plan, zoning, street plan, availability of sewer and water, development concepts, soils, topography, other county permits, the environmental impact of the project, and the future development of adjacent property. If, after the preapplication conference, the applicant desires to proceed with an application for preliminary PUD approval, the information gained from the conference will be useful in designing the preliminary plat and in preparing any accompanying documents.

C. Participation in a preapplication conference and conclusion reached at the conference will in no way guarantee preliminary approval, or prohibit identification and discussion of additional concerns during the preliminary review process. [Ord. 89-171, § 4, 10-2-89; Ord. 84-238, § 6.01, 11-5-84.]

18.30.290 Preliminary application.

The preliminary application shall be on a form provided by the Administrator and shall contain the following information:

A. Name, address, and telephone number of applicant;

B. Legal description of the property including section, township, range, subdivision, parcel and tax lot numbers, and number of acres;

C. Name of proposed PUD, number of lots, number and types of dwellings and other structures;

D. Proposed methods of providing potable water and sewage disposal and the names of the purveyor(s);

E. Signatures of applicant(s) and/or owner(s). [Ord. 84-238, § 6.02, 11-5-84.]

18.30.300 Preliminary plat.

Twenty-five copies of the proposed preliminary plat shall accompany the application. The preliminary plat shall have dimensions of at least 18 by 24 inches and shall be drawn to a scale no smaller than 200 feet to one inch. The following information shall be included:

A. Name of proposed PUD;

B. Name and address of owner(s) and subdivider, if different from the owner;

C. Name and address of surveyor and/or engineer;

D. Date, scale and north arrow;

E. A vicinity map clearly identifying the location of the proposed PUD site;

F. Dimensions of the proposed PUD site and each lot contained therein, and the number assigned to each lot and block;

G. Circulation plans – vehicular and pedestrian – location, width and names of all public and private roads and pedestrian ways within or abutting the proposed PUD tract.

H. Physical features of the site:

1. Topographic contours at intervals of two feet for slopes up to five percent and five feet for slopes over five percent extended 100 feet beyond the boundaries of the proposed PUD. Datum is mean sea level as established by U.S.G.S.;

2. Hydrology: surface and wetlands;

3. Existing deciduous and evergreen trees.

I. Boundary lines of ownerships, subdivisions, and streets abutting the proposed PUD and extending at least 100 feet therefrom.

J. The proposed location, dimensions and heights of all buildings and structures proposed to be located on the site.

K. Location, dimensions and area of all proposed recreational and common open space, indicating proposed uses;

L. Number, location, and design of off-street parking areas showing points of ingress and egress. [Ord. 89-171, § 5, 10-2-89; Ord. 84-238, § 6.03, 11-5-84.]

18.30.310 Preliminary supporting documents.

The following supporting documents shall accompany the application for preliminary PUD approval. Twenty copies shall be submitted:

A. A SEPA checklist, assessing the anticipated impacts. An environmental impact statement may be required;

B. Soils and geology description;

C. A written statement explaining the intent and purposes of the proposed PUD, including:

1. An explanation and specification of any nonresidential uses proposed within the project,

2. The method proposed to insure the permanent retention and maintenance of common open space land,

3. Timing for the construction and installation of improvements, buildings, other structures, and landscaping,

4. Recreational facilities and equipment to be installed,

5. The reasons why a PUD would be in the public interest and would be consistent with the goals and policies of the Comprehensive Plan;

D. A landscaping plan showing trees and ground cover to be retained and planted;

E. Elevation and perspective drawings of proposed structures, and such other schematic sections, and sketches, drawn to scale, needed to convey the architectural character of the proposed PUD;

F. Copies of restrictions, easements covenants and agreements which are existing or proposed for the proposed PUD. If required by the county, such restrictions must be recorded prior to or simultaneously with the recording of the final plat;

G. Preliminary drainage plans;

H. Tentative grades of each street as required by the Engineer;

I. List of names and addresses of all owners whose property is located within 300 feet of the proposed PUD site. If the owner of the proposed PUD site owns other real property contiguous to the project site, the list shall include the names and addresses of real property owners located within 300 feet of the contiguous ownership of the applicant;

J. A master plan of the site, if the proposed PUD is to be developed in phases. The master plan need not be fully engineered but shall be of sufficient detail to illustrate the property’s physical features and probable development pattern. The master plan will be used as a guide in each successive stage of development until its completion;

K. A shadow pattern plan of the proposed PUD shall be required if the developer applies for a density bonus based on the solar energy conservation guidelines, Chapter 7.05 CCC. The shadow pattern plan shall illustrate the shadow effects of proposed structures and vegetation within and adjacent to the proposed PUD on January 21st between the hours of 10:00 a.m. to 2:00 p.m. [Ord. 84-238, § 6.04, 11-5-84.]

PUD DESIGN AND DEVELOPMENT STANDARDS

18.30.320 Minimum site area.

A PUD shall contain an area of at least three acres. [Ord. 84-238, § 7.01, 11-5-84.]

18.30.330 Permitted uses.

Permitted uses in a PUD are as follows:

A. Those uses permitted as a matter of right in the underlying zone, and/or Comprehensive Plan classification;

B. Townhouses;

C. Multifamily apartments; provided, that the project is over 10 acres in area;

D. Recreational facilities and common areas, including, but not limited to, swimming pools, playgrounds, tennis courts, trails, and structures accessory to such uses;

E. Community facilities, including, but not limited to, community halls, social clubs, churches, schools, and libraries may be authorized;

F. Incidental retail and other nonresidential uses, well integrated into the project design, may be specifically and selectively authorized. Permitted incidental retail uses shall be designed and scaled to serve only as a convenience to the project residents. [Ord. 84-238, § 7.02, 11-5-84.]

18.30.340 Number of dwelling units permitted.

A. Density Calculations.

1. The maximum permitted number of dwelling units shall be determined by dividing the net development area by the minimum lot size of the underlying zone; provided, in areas classified rural residential-1, rural residential-2, or rural residential-5, the maximum density shall be determined by dividing the gross development area by the minimum lot size of the underlying zone.

2. The net development area shall be determined by subtracting the area set aside for incidental retail and other nonresidential uses from the total site area, and thereafter subtracting 15 percent of the remainder for streets. Areas set aside for parks, recreation, and common open space may be used to meet the overall density requirements of the underlying zone.

B. Density Bonus. A density bonus up to a maximum of 30 percent may be authorized; provided water, sewage disposal, and other facilities can accommodate the increased density. The following criteria shall be used to evaluate whether a bonus density should be authorized.

	Maximum Allowable Bonus	Bonus Criteria
1.	10%	The PUD includes or makes provision for the construction of significant recreation areas such as tennis courts, basketball courts, golf courses, children’s play areas, trails, classified open space and open space forest lands, landscaped open areas, etc.
2.	10%	The PUD includes or makes provision for the construction of major recreation/leisure facilities such as a clubhouse, swimming pool, etc.
3.	15%	Provisions are made for the construction of active or passive solar systems and/or passive solar design in 50% of the dwelling units.

[Ord. 89-171, § 6, 10-2-89; Ord. 84-238, § 7.03, 11-5-84.]

18.30.350 Dimensional and bulk standards.

A. Site Coverage. Coverage of the gross area of the site by buildings, structures, streets, and parking areas shall not exceed 50 percent.

B. Front Yard Setback. The minimum front yard setback for all buildings and structures shall be at least 15 feet from the property line or 45 feet from the centerline of the street, whichever is greater.

C. Side Yard Setbacks. The side yard setback standards set forth in the Zoning Code, Chapter 18.10 CCC, may be waived in a PUD, except as set forth in CCC 18.10.520 relating to corner lots. Wherever buildings are separated, a minimum distance of 10 feet shall be maintained between such buildings. However, reasonable visual and acoustical privacy shall be provided for all dwellings and adjacent properties.

D. Building Height. Buildings shall not be more than three stories or 35 feet in height.

E. Setback Along the Perimeter of the Development. The perimeter of the PUD shall be aesthetically compatible with adjacent land uses. Structures located on the perimeter shall be set back at least the distance required in the underlying zone. [Ord. 84-238, § 7.04, 11-5-84.]

18.30.360 Energy conservation guidelines.

A. General. Design and layout of the PUDs and individual lots in PUDs shall provide for solar access and use of solar energy wherever feasible; however, these guidelines shall not reduce the overall density normally achievable in the underlying zone.

B. Wherever possible residential streets should be oriented within 30 degrees of east/west to allow maximum solar access.

C. The long axis of lots should be oriented within 30 degrees of true south to the extent possible.

D. Buildings should be oriented with the long axis, facing within 30 degrees of east/west regardless of lot orientation.

E. For purposes of solar access, residential buildings may be flexibly sited on lots, provided that the minimum front yard setback is maintained. Clustering and zero lot line techniques may also be used to achieve this purpose.

F. Covenants should be provided which protect solar access for the south walls and roofs of units between 10:00 a.m. to 2:00 p.m. Pacific Standard Time on January 21st.

G. Careful selection of landscaping, trees, and other vegetation should be utilized to maintain solar access to south walls and roofs of buildings. Deciduous trees should be located on the east and west sides of buildings. Evergreen trees should be located north of structures and in other locations to avoid shading the south wall and roof of dwellings.

H. Taller buildings should be located to the north of shorter buildings.

I. Most windows should be located on the south side of the building with minimal window area on the north side.

J. Shading devices should be designed to allow winter sun and provide summer shade.

K. Parking, streets, open space, and outdoor storage areas should be located in shaded areas. [Ord. 84-238, § 7.05, 11-5-84.]

18.30.370 Townhouse design standards.

Townhouse developments shall be subject to the following design standards in addition to other standards contained in this chapter:

A. Efficient and harmonious grouping of structures and space should encourage the individuality of separate town-house dwelling units within a unifying design concept. Building style, form, size, colors, and materials should be compatible with the site and the neighborhood, and should enhance the individuality of each dwelling unit.

B. Landscaping and buffering shall be provided to present a pleasing appearance from both on and off the site.

C. A minimum of 300 square feet of private, usable yard space shall be provided for each dwelling unit. This may include decks and patios. Private space shall be screened or fenced as appropriate.

D. Setback and spacing requirements in urban and suburban residential districts.

1. Groups of townhouses with three or more dwelling units attached to each other shall have at least a five-foot variation in the front yard on at least every third unit, or a five-foot “fin” extension of each common wall into the front yard. Alternative designs for varying the building mass and enhancing the individuality of dwelling units may also be approved.

2. Side yards on end units on the boundary of the project shall be no less than 20 feet for buildings with four or more dwelling units and 10 feet for three or less dwelling units, except as set forth in CCC 18.10.520 relating to corner lots. [Ord. 84-238, § 7.06, 11-5-84.]

18.30.380 Zero lot line development.

This is a development technique in which a single-family detached dwelling is sited on one side lot line without a side yard, and the dwelling on the adjacent lot is sited on the side lot line furthest from the zero lot line. This technique is designed to provide greater flexibility for smaller lots, to enable higher density, to allow increased usable side yard area on lots, and to increase the opportunity for protecting solar access.

A. Standards. To ensure adequate light, air, privacy, and maintenance, zero lot line development shall be subject to the following standards in addition to the other standards in this chapter:

1. The lot adjacent to the zero setback side yard shall be under the same ownership at the time of initial construction.

2. The exterior wall of the zero lot line dwelling may be constructed at the lot line, and the eaves of the dwelling shall overhang no more than two feet.

3. Storm runoff from the zero lot line dwelling shall not drain onto the adjacent lot.

4. The side yard setback on the lot adjoining the zero setback side yard shall be at least 15 feet.

5. The side yard setback on the lot adjoining the zero setback side yard shall be kept perpetually free of permanent obstructions such as a tool shed or a fence without a gate.

6. An easement of five feet in width shall be provided on the adjoining lot for maintenance of the exterior portion of the lot line wall. To ensure privacy and usability of the adjacent lot, windows, and mechanical ventilation systems vents shall not be permitted in the lot line wall of the building.

7. A lot developed with a zero setback side yard may be as small as 5,000 square feet in area and may be as little as 50 feet in width at the building line.

8. A lot developed with a zero setback side yard must have no less than 1,700 square feet of total yard area unobstructed by buildings. [Ord. 84-238, § 7.07, 11-5-84.]

18.30.390 Off-street parking.

Off-street parking in a PUD shall be provided in the same ratios for types of buildings and uses as required in the Zoning Code, CCC 18.10.560 through 18.10.562.

In addition, the following standards shall apply:

A. Parking areas shall be partially screened from adjacent buildings by landscaping, earth berms, changes in grade, fences, or walls.

B. No more than 15 parking spaces shall be permitted in a continuous row without interruption by landscaping.

C. No more than 60 spaces shall be accommodated in any single parking area.

D. Parking areas shall be adequately lighted.

E. Areas for storage of recreational vehicles, boats, and other equipment shall be screened and fenced. [Ord. 84-238, § 7.08, 11-5-84.]

18.30.400 Open space requirements.

A. Area Required. Each PUD shall provide a minimum of 30 percent of the gross land area as common open space.

B. Approval Standards. Common open space shall meet the following standards:

1. The location, shape, size, and character of the common open space must be suitable for the planned development.

2. Open space must be used for amenity or recreational purposes. The uses authorized or required for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

3. Open space must be suitably improved for its intended use, but common open space containing natural features found worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized.

4. No more than 30 percent of the open space area requirement may be fulfilled with land having slopes exceeding 40 percent or with submerged, marshy or boggy land.

5. If the final development plan provides for building, landscaping, structures, or other improvements in the common open space, the developer must provide a bond or other adequate assurance that such improvements will be completed, prior to final approval of the first phase of the project. The Department shall release the bond or other assurances when the buildings, structures or improvements have been completed according to the development plan.

C. 1. Subject to the exceptions stated in subsections (C)(2) and (C)(3) of this section, lands shown in the final development plan as common open space (including any landscaping or other improvements thereon), shall be conveyed to and owned and maintained by a homeowners’ association. The association shall be created under the laws of the State of Washington. The association may not be dissolved without the prior written consent of the Board, and the association’s articles of incorporation or other organic document shall so provide. The association may not sell, lease, or convey all or any portion of the common open space without the prior written consent of the Board, and the association’s articles of incorporation or other organic document shall so provide. No common open space may be changed in use without the prior written consent of the Board. The association must execute and record a declaration of covenants and restrictions regarding the common open space. The declaration shall contain the provisions regarding the common open space required by this chapter and any conditions of final plat approval, and shall be in a form approved by the prosecuting attorney. The declaration shall be recorded contemporaneously with the recording of the final plat.

2. If any portion of the common open space of a PUD consists of improved recreational real property owned by the subdivider on the date the PUD application is filed, the subdivider may continue to own such property. In that case, however: (a) the subdivider shall not sell, lease, or convey all or any portion of such property without the prior written consent of the Board; (b) there may be no change in the use of such property without the prior written consent of the Board; (c) the subdivider shall execute and record a declaration of covenants and restrictions containing the provisions regarding the common open space required by this chapter and any conditions of final plat approval; the declaration shall be in a form approved by the prosecuting attorney, and shall be recorded contemporaneously with the recording of the final plat.

3. Subject to acceptance by the Board, some or all of the common open space may be dedicated to public use.

Common open space so dedicated and accepted shall not be subject to the requirements of subsections (C)(1) or (C)(2) of this section, but the fee to such property shall be owned by the subdivider or the homeowners’ association. [Ord. 89-171, § 7, 10-2-89; Ord. 84-238, § 7.09, 11-5-84.]

PUBLIC IMPROVEMENTS STANDARDS

18.30.410 Difficult development land.

Difficult development land shall not be subdivided unless the subdivider, within 90 calendar days following the original submission, or longer time as agreed by the subdivider, provides acceptable plans for overcoming any harmful features. Reasonable conditions may be applied to PUD approval to minimize harmful environmental conditions pertinent to the property. Protective improvements shall be constructed prior to final plat approval. [Ord. 84-238, § 8.01, 11-5-84.]

18.30.420 Surveys.

Surveys shall be required for all PUDs according to the following:

A. A survey shall be prepared by or under the supervision of a land surveyor registered pursuant to Chapter 58.09 RCW.

B. Monuments and Markets.

1. Lots. All lot corners, street centerlines, and controlling corners shall be located and described, and all corners shall be marked by a five-eighths-inch re-bar or approved equivalent driven into the ground a depth of 30 inches or more, and driven flush with the ground. All street centerlines and controlling corner monuments shall be marked with brass caps in monument cases, or as approved by the Engineer. All markers set shall be marked with the surveyor’s registration number. The location of all monuments and markers shall be shown on the face of the final plat.

2. Condominiums. A survey map of the surface of the land and a set of plans of the building(s) showing apartments and other improvements, and any permanent markers, as required pursuant to RCW 64.32.100 shall be filed prior to final plat approval. [Ord. 89-171, § 8, 10-2-89; Ord. 84-238, § 8.02, 11-5-84.]

18.30.430 Erosion control plans.

Erosion control plans shall be required for all sites where the slope exceeds eight percent, prior to any clearing, grubbing, or any form of excavation or fill activity. [Ord. 84-238, § 8.03, 11-5-84.]

18.30.440 Drainage plans.

Engineered drainage plans and specifications shall be required subject to review and approval by the Engineer. [Ord. 84-238, § 8.04, 11-5-84.]

18.30.450 Water and sewerage.

All PUDs shall be served by public water and sewerage systems; provided, community water and/or community sewerage or individual on-site sewage disposal systems may be permitted in areas classified rural residential-1, rural residential-2, or rural residential-5, under the County Zoning Code or in unzoned areas as classified the same under the County Comprehensive Plan, pursuant to applicable State Health Regulations. All engineered plans and specifications shall be subject to review by and approval from the Engineer, the purveyor(s), and other appropriate agencies. [Ord. 89-171, § 9, 10-2-89; Ord. 84-238, § 8.05, 11-5-84.]

18.30.460 Streets.

A. Widths of rights-of-way and surface for interior streets may be varied from the Cowlitz County Road Standards where it can be demonstrated to the satisfaction of the Engineer, using his professional standards, that lesser standard will be functionally effective.

B. The engineering plans and specifications shall be subject to review and approval by the Engineer prior to the commencement of construction.

C. Streets shall be constructed in conformance with the approved plans and specifications prior to final subdivision approval; provided, the Engineer may accept performance bonding in lieu of actual construction. However, the streets shall be constructed prior to the issuance of any residential development permits.

D. Road Rights-of-Way. All road right-of-way widths shall be approved by the Engineer and dedicated to the public; provided, that private drives to multifamily parking areas shall be maintained by the owner or a homeowners’ association.

E. Future Use of Streets. The right-of-way of streets intended for future use as access to adjoining properties must be dedicated at the time of final subdivision approval.

F. Street Lights. Street lighting may be required by the Engineer. Lighting should be energy efficient.

G. Pedestrian/bicycle paths shall be required in all PUDs, and shall be designed and constructed within three years from the date of final PUD approval, or immediately following the construction of each residence on a lot, whichever comes first. Pedestrian/bicycle paths may be separated from the street, but should connect areas of activity. Design and construction must meet the approval of the Engineer. [Ord. 84-238, § 8.06, 11-5-84.]

18.30.470 Buffer strip.

Where PUDs are to be developed adjacent to developed commercial or industrial sites, or arterials, buffer strips, berms or other protective treatment shall be required. [Ord. 84-238, § 8.07, 11-5-84.]

18.30.480 Homeowners’ association duty.

A homeowners’ association shall be required to maintain all open spaces, private streets, pedestrian walkways, and other common areas, unless the areas are dedicated and accepted by the county. [Ord. 84-238, § 8.08, 11-5-84.]

ADMINISTRATION PROCEDURES – REVIEW OF APPLICATION

18.30.490 Procedure.

Following the preapplication conference, as set forth in CCC 18.30.280, PUD applications shall be processed in accordance with the procedures set forth in the Urban Subdivision Ordinance, CCC 18.32.390 through 18.32.710, except as may otherwise be provided herein. [Ord. 84-238, § 9.01, 11-5-84.]

18.30.500 Fees.

The fees and charges for processing a PUD shall be as from time-to-time established by the Board. [Ord. 84-238, § 9.02, 11-5-84.]

18.30.505 Violations – Penalties.

It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. [Ord. 93-102, § 23, 7-6-93; Ord. 84-238, 11-5-84.]

18.30.510 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. 84-238, § 10, 11-5-84.]