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Clark County Unincorporated
City Zoning Code

SUBTITLE 40.3

DESIGN STANDARDS

40.310.010 Sign Standards

A.    Purpose.    The purpose of this section is to add sign requirements common to the several zoning districts for the preservation of the character of the areas, structures, and uses; the needs of residential, commercial, industrial and agricultural potential; the need for healthful, safe, and convenient use of all lands, and the conservation and promulgation of values and resources. These requirements include, but are not limited to, standards relating to the number, size, placement and physical characteristics of signs. In addition, the purpose of this section is to provide an effective administrative process for the review and enforcement of these standards to protect and improve the aesthetic quality of the community.(Amended: Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2020-03-01)B.    Scope.    The signage covered under this section includes, but is not limited to: all commercial signs, and wall graphics; professional and business signs; home business signs; banners, balloons, flags and other temporary signage. It is not intended to regulate traffic signs or other governmental street signs, doorway identification nameplates, holiday decorations, informational signs pursuant to Chapter 13.20, temporary interior window signage or memorial signs. Also, it is not intended to regulate signage which is not visible from adjacent properties or from public rights-of-way. Further, it is not intended to regulate the display of the national or state flag.    Three other sections of the Clark County Code contain additional requirements for sign codes, namely: (1) Section 40.260.115(E)(5), which pertains to marijuana facilities, (2) Appendix A (F), which pertains to sign standards for mixed use development, and (3) Appendix F, Chapter 8.4, which pertains to sign standards for development in the Highway 99 Overlay District.(Amended: Ord. 2005-04-12; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2020-03-01)C.    Definitions.    The following definitions and terms shall be used in the interpretation of this section:(Amended: Ord. 2017-07-04; Ord. 2018-01-09)D.    Signs Prohibited.    Erection or maintenance of signs having any of the following characteristics is prohibited in Clark County:1.    Signs which bear or contain statements, words or pictures of an obscene nature;2.    Signs advertising activities that are illegal under state or federal laws or regulations in effect at the location of such signs or at the locations of such activities;3.    A sign which does not bear the names of the owner or person responsible for the maintenance of the advertising sign;4.    Signs artificially illuminated which are of such intensity or placed in such manner as to interfere with, or impair the vision of the driver of a motor vehicle, or otherwise interfere with any driver’s operation of a motor vehicle;5.    Signs which attempt or appear to attempt to direct the movement of traffic by interfering with, imitating or resembling any official traffic sign, signal or device;6.    Signs which prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic as defined in Section 40.350.030(B)(8);7.    Signs which exceed a height of thirty-five (35) feet, except as authorized under Section 40.310.010(G). Signs authorized by the district standards under Section 40.310.010(F)(3) and Tables 40.310.010-2 through 40.310.010-6 shall comply with the height restrictions contained therein;8.    Signs located or projecting within the county right-of-way unless a written street use permit has been obtained;9.    Rooftop and rotating signs;10.    Portable signs, temporary signs, flags and banners unless a temporary sign permit has been approved by the responsible official;11.    Signs containing strobe lights which are visible from beyond the property line;12.    Any sign not specifically permitted by this section, excluding those signs identified in the scope of this chapter;13.    Signs which contain flashing lights which exceed more than ten percent (10%) of the area of the sign;14.    Off-premises signs (billboards), except for off-premises directional signs as allowed under Table 40.310.010-1 of this section.(Amended: Ord. 2017-07-04; Ord. 2018-01-09)E.    Sign Permits Required.    Sign permits pursuant to Section 40.520.050 are required for all signs which are authorized under Sections 40.310.010(F)(3), (G) and (I) except those provided in Table 40.310.010-1 and provisions for real estate signs and agricultural signs in Table 40.310.010-3 through Table 40.310.010-6.(Amended: Ord. 2006-05-01; Ord. 2012-06-02; Ord. 2017-07-04; Ord. 2018-01-09)F.    Requirements for Signs – General and by Zoning Districts.1.    Temporary Signs in Certain Commercial Zones (GC, CR-1, CR-2, NC, CC, BP, and A Zones).a.    A permit for temporary sign(s) and/or banner(s) for a grand opening or other special event may be approved by the responsible official. The temporary sign permit shall be subject to the following conditions:b.    The permit shall be for a maximum thirty (30) day period.(1)    No more than two (2) temporary permits shall be issued to a business per year.(2)    A cash or surety bond in the amount of one thousand dollars ($1,000) or other assurances may be required from the responsible official to ensure the removal of the temporary sign(s) at the end of the above stated period.(3)    The cash or surety bond shall be forfeited if (all) the temporary sign(s) is (are) not removed at above stated required time.(4)    Forfeiture of the cash or surety bond shall not relieve the permittee from compliance with the removal of the sign(s).(Amended: Ord. 2016-06-12)2.    The standards for signs unrestricted by zoning district are located in Table 40.310.010-1.1 For the purpose of advertising a real estate subdivision.2 For the purpose of advertising a subdivision, range, estate, or farm.3 For the purpose of restricting the use of property.4 For the purpose of identifying, or giving information pertaining to, a public or semipublic institution.5 For the purpose of identifying the entrance, exit, traffic direction, and parking facilities of public or private property on premises.6 For the purpose of endorsing political candidates and ballot propositions, and advertising fairs, rodeos, or similar temporary activities. Such signs shall be removed by the permittee within fifteen (15) days following cessation of the activities for which the application was made.7 For the purpose of giving directions, off-premises signs may be permitted subject to a conditional use permit specifying size, location and design.8 For the purpose of identifying the architect, engineer or contractor of work under construction.9 For the purpose of informing and directing traffic.(Amended: Ord. 2005-04-12; Ord. 2006-09-13; Ord. 2010-12-12)3.    Additional Standards for Signs Restricted by Land Use District.a.    Single-Family Residential Districts. Additional standards for signs in single-family residential districts are located in Table 40.310.010-2. These standards apply to the following land use districts: R1-5, R1-6, R1-7.5, R1-10, and R1-20.b.    Multifamily Residential and Office Residential Zones. Additional standards for signs in multifamily residential and office residential districts are located in Table 40.310.010-3. These standards apply to the following land use districts: R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, U, and BP.c.    Commercial Districts. Additional standards for signs in commercial districts are located in Table 40.310.010-4. These standards apply to the following land use districts: GC, CR-1, CR-2, NC, and CC.d.    Industrial Districts. Additional standards for signs in industrial districts are located in Table 40.310.010-5. These standards apply to the following land use districts: IL and IH.e.    Rural and Resource Districts. Additional standards for signs in rural and resource districts are located in Table 40.310.010-6. These standards apply to the following land use districts: AG-20, FR-40, FR-80, AG-WL, R-5, R-10, R-20, RC-1, and RC-2.5.(Amended: Ord. 2012-12-14; Ord. 2016-06-12)1 No additional permit is needed if the sign is part of the home business application.2 Applies to conditional uses only. However, legal nonconforming commercial uses in these residential zones are allowed to erect freestanding signs via approval of a sign permit (conditional use permit not required) provided no other business-related signs are currently erected on the property, and the signs meet the standards delineated in this table.3 No direct or exposed lighting, such as neon tubes. Internally illuminated sign must have a translucent background and the illuminated portion may not exceed fifty percent (50%) of sign face area. For business complex signs, only the portion identifying the complex may be illuminated.4 Real estate signs are for the purpose of advertising a particular lot, building or premises for sale, lease or hire. All real estate signs are temporary.(Amended: Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2010-12-12; Ord. 2012-06-02)1 Provided, that the minimum spacing between signs shall be fifty (50) feet.2 Signs for conditional uses such as churches, mini-storage, medical offices, private schools, day care, and residential care facilities; however, excluding conditional uses for multifamily dwellings over two (2) stories and thirty-five (35) feet in height, shall have an allowable area of thirty-two (32) square feet for both freestanding and fascia signs; provided, that all other applicable requirements for height, number of signs, type, combinations, and lighting in this subsection shall be met.3 No direct lighting such as exposed lighting or exposed neon tubes shall be used as a light source. For internally illuminated signs, the background shall be translucent, and the illuminated portion of the sign face must not exceed fifty percent (50%) of the sign face area.4 Only monument type freestanding business complex signs shall be allowed.5 Real estate signs are for the purpose of advertising a particular lot, building or premises for sale, lease or hire. All real estate signs are temporary.(Amended: Ord. 2006-05-01; Ord. 2012-06-02; Ord. 2012-12-14)1 Projecting signs shall not project horizontally more than eight (8) feet from the wall of a building and shall not project vertically more than six (6) inches above the eave or parapet and shall not project over a roof or canopy. Further, projecting signs shall be prohibited within the front setback.2 Provided, that a premises with less than thirty-two (32) LF of street frontage shall be allowed a maximum thirty-two (32) SF sign.3 Provided, that a building elevation with less than thirty-two (32) LF of horizontal length shall be allowed a maximum thirty-two (32) SF sign.4 Provided, that a premises with less than forty-three (43) LF of street frontage shall be allowed a maximum sixty-four (64) SF sign.5 Provided, that the minimum spacing between signs is five hundred (500) feet.6 Real estate signs are for the purpose of advertising a particular lot, building or premises for sale, lease or hire. All real estate signs are temporary.(Amended: Ord. 2005-04-12; Ord. 2012-06-02) 1 Provided, that a premises with less than thirty-two (32) LF of street frontage shall be allowed a maximum thirty-two (32) SF sign.2 Projecting signs shall not project horizontally more than eight (8) feet from the wall of a building and shall not project vertically more than six (6) inches above the eave or parapet and shall not project over a roof or canopy. Further, projecting signs shall be prohibited within the front setback.3 Provided, that a building elevation with less than thirty-two (32) LF of horizontal length shall be allowed a maximum thirty-two (32) SF sign.4 Provided, that a premises with less than forty-three (43) LF of street frontage shall be allowed a maximum sixty-four (64) SF sign.5 Real estate signs are for the purpose of advertising a particular lot, building or premises for sale, lease or hire. All real estate signs are temporary.(Amended: Ord. 2005-04-12; Ord. 2010-12-12; Ord. 2012-06-02) 1Agricultural signs are for the purpose of advertising handicraft and farm products produced on the premises.2 Real estate signs are for the purpose of advertising a particular lot, building or premises for sale, lease or hire. All real estate signs are temporary.(Amended: Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2012-06-02; Ord. 2017-07-04; Ord. 2018-01-09)G.    Limited Access Highway – Restricted Advertising.    The provisions of this subsection shall be applicable to all land abutting or adjoining Interstate 5 (I-5) and Interstate 205 (I-205) and within three hundred (300) feet of the edge of the right-of-way, and within commercial or employment zoning districts.1.    Restrictions.a.    No sign or sign structure, or portion thereof, shall exceed a height of fifty (50) feet;b.    The erection or remodeling of signs directed at limited access highways shall be approved by the responsible official, only after consideration has been given to the location, size, and orientation of such signs, as provided for in this subsection;c.    The sign shall be designed to be viewed by a person of normal visual acuity traveling on I-5 or I-205;d.    Signs shall only contain advertising display specifically and directly related to products produced, sold, used, or otherwise handled, or services rendered on the real property;e.    Not more than one (1) limited access highway advertising sign shall be located on the premises. The total number of signs allowed on the premises shall not exceed the district standards of 40.310.010(F) and Tables 40.310.010-2 through 40.310.010-6;f.    The area of the sign shall comply with the standards of the district in which it is located.2.    Freestanding signs oriented toward Interstate 5 (I-5) or Interstate 205 (I-205) that are not oriented toward the abutting roadway are considered limited access highway signs, and are subject to this section. (See Figure 40.310.010-1.)3.    Conformance to State Law. Nothing in this subsection shall be construed to permit the erection of signs which are prohibited by state law or any amendments thereto.Figure 40.310.010-1 – Highway-Oriented Signs(Amended: Ord. 2007-06-05; Ord. 2012-12-14)H.    Nonconforming Signs.    Nonconforming signs shall be subject to the conditions set forth below:1.    A nonconforming sign or sign structure shall not be altered or enlarged in any manner unless such alteration or enlargement would bring the sign into conformity with the signs permitted in the zoning district in which it is located; provided, the restriction against alteration does not apply to copy or panel changes where the sign area and shape is maintained.2.    Any nonconforming sign or sign structure may be maintained with ordinary care.3.    All nonconforming temporary signs, portable signs, flags, pendants and banners shall be removed.I.    Mobile Home Park Signs.    Mobile home park signs shall be permitted as follows:1.    Identification signs advertising mobile home parks; provided, that such signs shall have a maximum area of thirty-two (32) square feet and no more than one (1) sign allowed per street frontage;2.    Only nonilluminated and indirectly illuminated signs shall be permitted in R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, and PUD zones. No flashing or intermittent illumination shall be permitted;3.    No sign or sign structure shall exceed fifteen (15) feet in height;4.    Signs over five (5) feet in height shall conform to the minimum setback designated for structures in that zone;5.    Incidental signs for the information and convenience of tenants and the public relative to parking, traffic movement, office, restrooms, etc., are allowed; provided, such signs do not exceed four (4) square feet in area; and provided further, name plates do not exceed eight (8) by twelve (12) inches (8" x 12") in area;6.    One (1) sign advertising the sale of each mobile home located on a mobile home lot.J.    Signs Facing Residential Districts.    A sign advertising a business which is not conducted on the premises, or a commodity or service which is not the preliminary product of sale or services on the premises, shall not face or be oriented toward any adjoining or abutting residential district within two hundred (200) feet of the premises on which the sign is to be placed.K.    On-Site Interference.    The location and structural design of freestanding signs shall not interfere with the safe and efficient use of off-street parking and loading areas, including aisle ways and access driveways.L.    Lighted Signs as Nuisance.    Illuminated signs shall be placed so as not to be a nuisance to any residents or future residents of adjacent residentially zoned property within two hundred (200) feet of the sign. A nuisance shall be defined as flashing lights or lights of such intensity which may interfere with the residents’ peaceful occupancy of their home. As part of a sign permit or site plan review process, the planning manager may require signs to be screened, shielded, relocated or the lighting adjusted or other measures to mitigate a potential interference with abutting residentially zoned property.M.    Enforcement.    Upon presentation of proper credentials, the responsible official or a duly authorized representative may enter at reasonable times a building or structure, or upon any premises in Clark County, to perform any duty imposed by this section. The responsible official may inspect or reinspect all signs at his/her discretion.N.    Removal of Signs in Violation of This Section.    If the responsible official finds that any advertising sign is erected or maintained in violation of the prior sign regulations, or is erected or maintained in violation of the provisions of this section, the responsible official may institute appropriate action or proceedings to prevent, restrain, correct or abate the violation, including fines and enforcement pursuant to Title 32 of this code.O.    Maintenance and Appearance of Signs.    All advertising signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and maintained in a safe condition. All advertising signs and the sites upon which they are located shall be maintained in a neat, clear, and attractive condition, and advertising signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surface of all outdoor advertising structures shall be kept neatly painted or posted.P.    Abandoned Signs.    Except as provided in this section, any person who owns or leases a sign shall remove such sign when either the function has discontinued or business it advertises has discontinued on the premises on which the sign is located; or when the sign is no longer properly repaired or maintained as required by this section.

40.320.010 Landscaping and Screening on Private Property

A.    Applicability.    The following standards apply to landscaping and screening on private property. Landscaping and screening within public rights-of-way shall comply with the applicable provisions in Section 40.320.020.B.    Landscaping and Screening Design Standards.1.    L1, General Landscaping.a.    Intent. The L1 standard is for open areas. It is intended to be used where distance is the principal means of separating uses or development, and landscaping enhances the area between them. The L1 standard consists principally of groundcover plants, trees, and shrubs.b.    Required Materials. There are two (2) ways to provide trees and shrubs to comply with an L1 standard. Shrubs and trees may be grouped. Groundcover plants, grass lawn or approved flowers must fully cover the landscaped area not in shrubs and trees. See Figure 40.320.010-1 for conventional and LID cross-sections that comply with the L1 standard.(1)    Where the area to be landscaped is less than ten (10) feet deep, one (1) tree shall be provided per thirty (30) linear feet of landscaped area.(2)    Where the area is ten (10) feet deep or greater, one (1) tree shall be provided per eight hundred (800) square feet and either two (2) high shrubs or three (3) low shrubs shall be provided per four hundred (400) square feet of landscaped area.c.    Within the commercial districts where a building is to be placed at the buffer line for a front setback, permeable pavement may be used in place of the required groundcover for the length of the building for the front setback only; provided, the required trees are still supplied, the paved area is connected to the public sidewalk, and pedestrian amenities are provided such as benches or pedestrian plazas. The building need not be placed at the required buffer line to utilize this section if the area between the buffer line and the building is devoted entirely to pedestrian only areas.2.    L2, Low Screen.a.    Intent. The L2 standard uses a combination of distance and low-level screening to separate uses or development. The standard is applied where a low level of screening sufficiently reduces the impact of a use or development, or where visibility between areas is more important than a greater visual screen.b.    Required Materials. The L2 standard requires enough low shrubs to form a continuous screen three (3) feet high and ninety-five percent (95%) opaque year-round. In addition, one (1) tree is required per thirty (30) lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Groundcover plants must fully cover the remainder of the landscaped area with the exception of energy dissipation points at the locations of stormwater inlets. LID bioretention facility plantings may be used in combination with perimeter shrubs, provided a continuous screen three (3) feet high and ninety-five percent (95%) opaque year-round can be achieved within two (2) years of planting. A three (3) foot high masonry wall or fence at an F2 standard or a berm may be substituted for shrubs, but the trees and groundcover plants are still required. When applied along street lot lines, the screen or wall is to be placed along the interior side of the landscaped area. See Figure 40.320.010-2.3.    L3, High Screen.a.    Intent. The L3 standard provides physical and visual separation between uses or development principally using screening. It is used where such separation is warranted by a proposed development, notwithstanding loss of direct views.b.    Required Materials. The L3 standard requires enough high shrubs to form a screen six (6) feet high and ninety-five percent (95%) opaque year-round. In addition, one (1) tree is required per thirty (30) lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Groundcover plants must fully cover the remainder of the landscaped area with the exception of energy dissipation points at the locations of stormwater inlets. LID bioretention facility plantings may be used in combination with perimeter shrubs, provided a continuous screen six (6) feet high and ninety-five percent (95%) opaque year-round can be achieved within two (2) years of planting. A six (6) foot high wall or fence that complies with the F2 standard (Figure 40.320.010-7) with or without a berm may be substituted for shrubs, but the trees and groundcover plants are still required. When applied along street lot lines, the screen or wall is to be placed along the interior side of the landscaped area. See Figure 40.320.010-3.4.    L4, High Wall.a.    Intent. The L4 standard is used where extensive screening of visual and noise impacts is needed to protect abutting sensitive uses and/or there is little space for separation between uses.b.    Required Materials. The L4 standard requires a six (6) foot high wall that complies with the site obscuring F2 standard for walls (Figure 40.320.010-7). When abutting another property, the wall shall abut the property line. When abutting a street or road right-of-way, the wall shall be on the interior side of the landscaped area. One (1) tree is required per thirty (30) lineal feet of wall or as appropriate to provide a tree canopy over the landscaped area with the exception of energy dissipation points at the locations of stormwater inlets. LID bioretention facility plantings may be used, and are encouraged, to satisfy plant requirements. In addition, four (4) foot high shrubs are required per thirty (30) lineal feet of wall. Groundcover plants must fully cover the remainder of the landscaped area. See Figure 40.320.010-4.5.    L5, High Berm.a.    Intent. The L5 standard can be used instead of the L4 standard where extensive screening is warranted and more space is available for separation between uses.b.    Required Materials. The L5 standard requires a berm four (4) to six (6) feet high. If the berm is less than six (6) feet high, low shrubs that comply with the L2 standard must be planted on top of the berm so that the overall screen height is six (6) feet. In addition, one (1) tree is required per thirty (30) lineal feet of berm or as appropriate to provide a tree canopy over the landscaped area. Groundcover plants must fully cover the remainder of the landscaped area. See Figure 40.320.010-5.6.    F1, Partially Sight-Obscuring Fence.a.    Intent. The F1 fence standard provides partial visual separation. The standard is applied where a proposed use or development has little impact, or where visibility between areas is more important than a total visual screen and the installation of fencing will not interfere with the implementation of LID stormwater management on the site.b.    Required Materials. A fence or wall that complies with the F1 standard shall be six (6) feet high and at least fifty percent (50%) sight-obscuring. Fences may be made of wood, metal, chain link with slats, bricks, masonry or other permanent materials. See Figure 40.320.010-6.7.    F2, Fully Sight-Obscuring Fence.a.    Intent. The F2 fence standard provides visual separation where complete screening is needed to protect abutting uses, and landscaping alone cannot provide that separation.b.    Required Materials. A fence or wall that complies with the F2 standard shall be six (6) feet high and one hundred percent (100%) sight-obscuring. Fences may be made of wood, metal, bricks, masonry or other permanent materials. This shall not include chain link fences with slats or similar construction. See Figure 40.320.010-7.(Amended: Ord. 2008-06-02; Ord. 2015-11-24)C.    Landscaping and Screening Approval Standards – General.1.    A landscape plan shall contain landscaping and screening consistent with the applicable design standards, based on Table 40.320.010-1 and other applicable provisions of this section.2.    The applicant may provide landscaping and screening that exceeds the standards in this section; provided:a.    A fence or wall (or a combination of a berm and fence or wall) may not exceed a height of six (6) feet above the finished grade at the base of the fence or wall (or at the base of a berm, if combined with one) unless the review authority finds additional height is necessary to mitigate potential adverse effects of the proposed use or other uses in the vicinity; andb.    Landscaping and screening shall not obstruct sight distance at intersections as provided in Section 40.350.030 of the UDC.3.    The responsible official may approve use of existing vegetation to fulfill landscaping and screening requirements of this section if that existing landscaping provides at least an equivalent level of screening as the standard required for the development in question.4.    As a condition of approval of a conditional use or the expansion or alteration of an existing conditional use or planned unit development, the county may require an applicant to provide landscaping and screening that differs from the standards in Table 40.320.010-1 and Section 40.320.010(C)(2) where necessary to comply with the other applicable approval standards for the use or development.5.    Landscaped areas required for stormwater management purposes may be used to satisfy the landscaping area requirements of this section even though those areas may be inundated by surface water. All stormwater facility designs shall meet the standards as defined in Chapter 40.386.6.    Required landscaping and screening shall be located on the perimeter of a lot or parcel. Required landscaping and screening shall not be located on a public right-of-way or private street easement, unless authorized under Section 40.320.020.7.    The responsible official may approve and condition an alternative landscape design and buffer standard that is compatible with existing, abutting landscaping that still meets the intent of the required buffer type, such as shared buffers between users.8.    Required landscaping buffers shall not apply between buildings in common wall construction situations.9.    The exception to setback allowances under Section 40.200.070 shall not apply to landscape buffers except as follows:a.    Eaves that are sixteen (16) feet or more above grade may project twenty percent (20%) of the width of the buffer, up to a maximum of two (2) feet.b.    Eaves seven (7) feet or more above grade may project ten percent (10%) of the width of the buffer, up to a maximum of two (2) feet.(Amended: Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2015-11-24)D.    Landscape and Screening Standards for Storage and Equipment Areas.1.    Storage and equipment areas shall be screened from property used or zoned for residential purposes or a public road right-of-way to at least an F2 or L3 standard if within one hundred (100) feet of the property or right-of-way and to at least an F1 standard if equal to or more than one hundred (100) feet from the property or right-of-way. Storage areas include storage of solid waste and recyclables from the site and, where permitted, storage of goods, materials or equipment.2.    Rooftop and ground-level exterior equipment shall be screened from abutting property used or zoned for residential purposes or from an abutting public road right-of-way to at least an F2 or L3 standard if visible at grade from the property or right-of-way.E.    Landscaping and Screening Standards for Parking, Loading, and Drive-Through Areas.1.    A minimum five (5) foot wide strip landscaped to at least an L2 standard shall be provided where vehicle parking, loading, or drive-through facilities abut a public road right-of-way.2.    Where a vehicle parking or loading area abuts a property with zoning or land uses other than the proposed land use, the area shall be landscaped and screened as provided in Table 40.320.010-1 abutting the other property.3.    Parking areas that contain at least seven (7) spaces shall contain landscape islands equally distributed at a ratio of one (1) island for every seven (7) parking spaces. A landscape island shall contain at least twenty-five (25) square feet, shall be at least four (4) feet wide, and shall prevent vehicles from damaging trees, such as by using a wheel stop or curb. Islands may include stormwater facility design components, such as bioretention features.4.    At least one (1) tree shall be planted in each landscape island. Trees in landscape islands shall reach a mature height of thirty (30) feet or more, cast moderate to dense shade in the summer, live at least sixty (60) years, require little maintenance (such as by being insect-, disease- and drought-resistant and not producing fruit), and be suited for use in the proposed location (such as by being tolerant of pollution and direct and reflected heat).(Amended: Ord. 2009-12-01; Ord. 2010-12-12; Ord. 2015-11-24)F.    Establishing Setback Standards for Retaining Walls and Fences.1.    This section regulates the height of retaining walls and fences along the perimeter of sites. Building codes specify the circumstances under which retaining walls and fences require building and grading permits. Changes to stormwater runoff resulting from construction of retaining walls are subject to Chapter 40.386.2.    Construction of private retaining walls or fences within public rights-of-way is prohibited. Exceptions to this prohibition require approval of the Public Works Director.3.    The construction of retaining walls four (4) feet or less in height and fences seven (7) feet or less in height may be constructed within easements. This subsection does not exempt retaining walls or fences from otherwise applicable easement provisions.4.    The construction of retaining walls in excess of four (4) feet in height and fences in excess of seven (7) feet in height shall meet the setback requirements of the underlying zone, except as authorized below. The height of a fence on top of retaining walls shall be measured to the grade at the bottom of the wall. Each of the following is an exception to the height and setback requirements of Section 40.320.010(F)(4):a.    Retaining walls taller than four (4) feet may be placed within setbacks by using a series of retaining walls four (4) feet high or less that are separated a minimum of eight (8) feet, provided the area between walls is maintained in ground cover or shrubs. The total height of a series of walls within the building setback shall not exceed eight (8) feet. Landscaping shall be maintained consistent with Section 40.320.010(G)(6). Fences are allowed on top of such walls consistent with Section 40.320.010(F)(4)(h) and Figure 40.320.010-8;b.    The exposed faces of retaining walls over four (4) feet in height must be directed toward the interior of the lot;c.    The retaining walls and/or fences are constructed as part of the site improvements prior to a final plat, and located between lots within the development. Retaining walls on the perimeter of the plat may not use this exception, except as allowed under subsection (F)(4)(d) of this section;d.    Retaining walls and/or fences abutting a road right-of-way or road easement; subject to the following:(1)    The wall or fence does not block required sight distance;(2)    Walls and/or fences over twelve (12) feet in height will be reviewed for potential shading and visual impacts beyond the right-of-way or easement. The Community Development Director may impose conditions on the design and setbacks of such walls if needed to mitigate impacts;e.    The retaining wall and/or fence is constructed between lots under the same ownership;f.    Permission to exceed the height limits within the setback is granted in writing from the abutting property owner;g.    The retaining wall and/or fence is abutting commercial or industrial zoned property or legally permitted nonresidential uses;h.    Non-sight-obscuring fences such as chain link or wrought iron seven (7) feet high or less and sight-obscuring fences forty-two (42) inches high on top of retaining walls no greater than four (4) feet tall are allowed within setbacks per Figure 40.320.010-8.5.    Building codes for retaining walls may require setbacks that are greater than those required by Section 40.320.010(F)(4).6.    These height and setback limitations do not apply to fences required by state law to enclose public utilities, or to chain link fences enclosing school grounds or public recreation areas.(Amended: Ord. 2014-01-08; Ord. 2016-12-09)G.    Timing, Selection, Installation, and Maintenance Standards.1.    Timing. That applicant shall install landscaping and screening required by this section consistent with the approved site plan or an approved modification thereto before the county issues an occupancy permit or final inspection for the development in question; provided, the responsible official may defer installation of plant materials for up to six (6) months after the county issues an occupancy permit or final inspection for the development in question if the responsible official finds doing so increases the likely survival of plants.2.    Shrubs and Groundcover Selection. All required groundcover plants and shrubs must be of sufficient size and number to meet the required standards within three (3) years of planting. Mulch (as a groundcover) must be confined to areas underneath plants and is not a substitute for living groundcover plants, lawn or approved flowers.a.    Shrubs shall be supplied in a minimum of three (3) gallon containers or equivalent burlap balls, with a minimum spread of eighteen (18) inches to meet the L2 buffer requirement, and minimum of five (5) gallon containers or equivalent burlap balls with a minimum spread of thirty (30) inches to meet the L3 buffer requirements. Reduction in the minimum size may be permitted if certified by a registered landscape architect that the reduction shall not diminish the intended effect or the likelihood the plants will survive.b.    Groundcover plants shall be placed not more than thirty (30) inches on center and thirty (30) inches between rows. Rows of plants shall be staggered for a more effective covering. Groundcover shall be supplied in a minimum four (4) inch size container or a two and one-quarter (2 1/4) inch container or equivalent if planted eighteen (18) inches on center. Reduction in the minimum size may be permitted if certified by a registered landscape architect that the reduction shall not diminish the intended effect or the likelihood the plants will survive. A lawn or flower bed of flowers approved by the responsible official may be substituted for groundcover plants.3.    Tree Selection. Trees may be deciduous or evergreen. The required tree height shall be measured from the ground level at final planting to the top of the tree.a.    Required trees for parking and loading areas shall be a minimum caliper of two (2) inches and a minimum height of ten (10) feet at the time of planting.b.    Required deciduous trees (other than street trees) shall be fully branched, have a minimum caliper of one and one-half (1 1/2) inches, and a minimum height of eight (8) feet at the time of planting.c.    Required evergreen trees (other than street trees) shall be fully branched and a minimum of six (6) feet high at the time of planting.d.    If the responsible official decides reducing the minimum size of trees will not detract from the desired effect of the trees, the minimum size of trees (other than street trees) may be reduced if the applicant submits a written statement by a landscape architect registered in Washington or expert in the growing of the tree(s) in question certifying that the reduction in size at planting will not decrease the likelihood the trees will survive.e.    See Section 40.320.010(E)(4) regarding trees in landscape islands in parking lots.f.    See Section 40.320.020 regarding street trees and vegetation in the right-of-way. Such required trees and vegetation may be determined by the responsible official to meet aspects of the landscape buffer requirements of this section.4.    Selection Generally. Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Selection should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance. Landscaping materials shall be selected in accordance with a list of plant materials found in the Standard Details Manual.(Amended: Ord. 2012-12-23)5.    Installation Standards. The applicant shall show and comply with the following:a.    Plant materials will be installed to current nursery industry standards.b.    Plant materials shall be properly supported to ensure survival. Support devices such as guy wires or stakes shall not interfere with vehicular or pedestrian movement.c.    Existing trees and plant materials to be retained shall be protected during construction, such as by use of chain link or other sturdy fence placed at the dripline of trees to be retained. Grading, topsoil storage, construction material storage, vehicles and equipment shall not be allowed within the dripline of trees to be retained.6.    Maintenance. Maintenance of landscaped areas is the ongoing responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced with in-kind materials unless otherwise authorized by the responsible official. Vegetation shall be controlled by pruning, trimming or otherwise so that it will not interfere with the maintenance or repair of any public utility, restrict pedestrian or vehicular access, or obstruct sight distance at intersections as provided in Section 40.320.020.H.    Plant List.    The county shall maintain a plant list to assist in administration of this chapter (see the Standard Details Manual).I.    Verification of the Installation of Required Landscape.    Prior to the issuance of an approval of occupancy for a site plan, the applicant shall provide verification in accordance with Section 40.320.030(B) that the required landscape has been installed in accordance with the approved landscape plan(s). 1 If building wall is to be built within ten (10) feet of a public right-of-way the required buffer shall be L1 five (5) feet for that portion of the site. The front setback for a commercial building may be reduced to zero (0) feet if the Storefront Design Standards in Section 3.3 of Appendix F are implemented, subject to obtaining any necessary overhead easements or licenses as required.2 If building is to be built on the property line there is no required buffer for that portion of the site.3 Applies to land division applications and not single-family building permits on existing parcels.4 See special setback requirements required by Section 40.260.070, Community Buildings, Social Halls, Lodges, Fraternal Organizations, Clubs, Public and Private Schools, Private Recreational Facilities and Churches.5 Some urban holding is an overlay over an underlying base zoning designation. In these cases, landscaping buffers shall be based on the underlying base zone rather than the UH designation.6 L1 if residential parcel has driveway access to the separating street.7 L4-10 if abutting parcel is already developed and has no L4 wall.8 Increase setback to equal building height, up to a maximum of 50 feet.9 L4 without requirement for shrubs.10 L2-10 where an office/commercial-type building fronts the street.11 Responsible official will determine the appropriate landscaping/screening (L4) proposed developments that exceed the maximum permissible environmental noise levels identified in WAC 173-60-040.(Amended: Ord. 2004-06-11; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2012-12-14; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2023-01-08)

40.320.020 Landscaping in Public Rights-of-Way

A.    Applicability.    The standards in this section apply to landscaping in public rights-of-way.B.    Acceptable Horticultural Practices.    Accepted horticultural practices will be followed to ensure successful establishment of the plant materials.C.    Critical Locations.1.    Trees with a mature height greater than twenty-five (25) feet shall not be sited under or adjacent to utility lines or overhead structures.2.    Landscaping used shall not compromise sight distance requirements as defined in Section 40.350.030.3.    Hard surface, including permeable pavement, may be allowed for a portion of the area to be landscaped per Table 40.350.015-1.(Amended: Ord. 2014-01-08; Ord. 2015-11-24)D.    Postponement of Installation Due to Weather Conditions.    In order to install landscaping during the spring or fall planting season, the responsible official may allow postponement of the landscaping due to weather conditions, with appropriate financial guarantees. In such cases, verification of the installation of required landscape and the two-year maintenance period will commence following installation.E.    Verification of the Installation of Required Landscape.    In order to ensure that the landscape has been installed in conformance with the approved landscape plan(s) the applicant shall provide verification in accordance with Section 40.320.030(B).F.    Period of Maintenance.    The developer shall maintain landscaping and irrigation systems (if any) for a minimum of two (2) years after provisional acceptance of the abutting roadway. One hundred percent (100%) of all trees and shrubs must be living at the end of the two (2) year maintenance period. The developer shall replace all the diseased, dying or dead plant material. Any plant materials replaced shall be maintained for an additional two (2) years.G.    County’s Role.    Alternatively, the county may accept a fee in lieu of improvements and complete the landscaping itself. The fee shall be based upon the approved landscape plan, and will be in an amount sufficient to cover the cost of installing the landscaping and maintaining it for two (2) years, including administrative costs.H.    Arterials and Collectors in the Urban Area.1.    Applicable Area. On all arterials and collectors in the urban area, the area between the back of sidewalk and the right-of-way and between the back of curb and sidewalk, as well as the area within all medians constructed within a public road, shall be landscaped with drought-resistant plants (see the Standard Details Manual).2.    Landscaping Plan – Additional Requirements. The responsible official may require additional improvements, including the installation of irrigation, for any significant variation from the specifications contained in the Standard Details Manual. A nonexclusive list of allowed plant materials for street medians and rights-of-way is included in the Standard Details Manual.

40.320.030 Landscaping Plans

A.    Submittal Requirements.    Landscape plans for landscaping on private property and landscaping within the public right-of-way required pursuant to the UDC shall show all proposed landscape improvements described in Table 40.510.050-1.B.    Verification of the Installation of Required Landscape.    In order to ensure that the landscape has been installed in conformance with the approved landscape plan(s) the applicant shall submit the following information:A copy of the approved landscape plan(s) with a letter signed and stamped by a landscape architect licensed in the state of Washington certifying that the landscape and irrigation (if any) have been installed in accordance with the attached approved plan(s) and verifying that any plant substitutions are comparable to the approved plantings and suitable for the site. Any substituted plants shall be no smaller than those shown on the approved plan(s) and shall have similar characteristics in terms of height, drought tolerance and suitability for screening.

40.330.010 Crime Prevention and Safety Guidelines

A.    Applicability. To the extent practicable, all development subject to site plan review shall comply with the following guidelines.B.    Crime Prevention and Safety Guidelines.1.    Building orientation and public use areas such as laundry facilities shall take into consideration tenant’s ability to monitor other doorways as a safety provision.2.    Exterior area where mailboxes will be located shall be lighted.3.    Exterior lighting levels shall be selected and light fixtures shall be oriented towards areas vulnerable to crime.

40.340.010 Parking and Loading Standards

A.    General.1.    Applicability. Except as otherwise provided by the UDC, required off-street parking and loading spaces shall be improved and maintained as set forth in this section for all uses in all zoning districts.2.    Timing. Parking and loading spaces required for a given use or development shall be provided consistent with the approved site plan before the county issues an occupancy permit or final inspection for the use or development in question.3.    Availability.a.    Parking spaces required for a given use or development shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles or materials, or for the parking of trucks used in conducting the business or use.b.    Loading spaces required for a given use or development shall be available for loading and unloading of trucks and similar vehicles.c.    Required off-street parking spaces may not be used for loading or unloading unless the responsible official finds that loading and unloading in those spaces will occur during hours of the day when the spaces are not needed for parking.4.    Location of Parking and Loading Facilities.a.    Off-street parking spaces for dwellings shall be located on the same lot as the dwelling.b.    Off-street parking spaces for other uses shall be located on the same lot as the use or on another lot not more than three hundred (300) feet from the building or use they are intended to serve, measured in a straight line from the building; provided, where required parking for a use or development will be located on a lot other than the lot on which the use it serves is located, then, before the county issues a building permit for the use or development, the applicant shall submit an agreement executed by the owner of the lot where the off-site parking is proposed authorizing use of the lot for the proposed parking spaces for the use in question.c.    Loading spaces for a given use shall be situated on the same lot as the use it serves, except as provided for joint use of facilities.d.    Parking and loading spaces shall not be located in a required front setback, except in the case of single-family or duplex dwellings. Access drives and maneuvering areas for parking and loading spaces shall not be located in a required front setback, except to the minimum extent practicable for access to the site.5.    Joint Use of Facilities. The responsible official may authorize use of given off-street parking and/or loading spaces by two (2) or more uses if:a.    The responsible official finds the applicant has shown that the uses that share the parking and/or loading do not require that parking and/or loading at the same time; andb.    Where shared parking or loading for a use or development will be located on a lot other than the lot on which the use it serves is located, then, before the county issues a building permit for the uses or developments on one (1) lot that will be served by the shared parking and/or loading on another lot, the applicant shall submit an agreement executed by the owner of the off-site lot where parking and/or loading is proposed authorizing use of the lot for the proposed parking and/or loading spaces for the use or development in question subject to terms and conditions that assure parking and/or loading will be available for each use it serves as provided in Section 40.340.010(A)(5)(a).6.    Change or Expansion of a Use. A site plan that changes the use of an existing structure or lot shall provide off-street parking and loading for the new use as required by this section. A site plan that enlarges an existing structure or use shall provide for additional parking and loading based only on the parking and loading requirements of the expansion, except as otherwise provided in Chapter 40.530.7.    Lighting. Light fixtures in parking or loading areas shall be consistent with RCW 47.36.180 on public roadways and not cast significant light or glare off site on adjacent properties.8.    Surfacing. All parking and loading spaces and related access drives, maneuvering, and vehicle storage areas shall be paved to standards, including the use of permeable pavements, as approved by the responsible official except as follows:a.    Driveways leading to parking and maneuvering areas for unoccupied utility and wireless communication facilities need not be paved, except as required by Section 40.350.030(B)(7)(c) (this still requires the first twenty (20) to twenty-five (25) feet of driveway to be paved so gravel does not enter the paved road);b.    Three (3) or fewer parking spaces serving unoccupied utility and wireless communication facilities need not be paved;c.    Transitional uses such as coffee and food stands approved under Section 40.260.055; d.    Driveways used only for fire access purposes; e.    Parking areas for uses that receive access from unpaved roads;f.    Reuse of existing legally placed parking areas in the rural area of the county; provided, that proposed new parking and required ADA parking spaces and ADA accessways are paved; g.    Agricultural stands and markets as allowed under Section 40.260.025;h.    Rural kennels as allowed under Section 40.260.110;i.    Wineries as allowed under Section 40.260.245; andj.    Other uses as approved by the responsible official.9.    Drainage. Stormwater drainage facilities for parking and loading spaces and related access drives and maneuvering areas shall comply with Chapter 40.386.10.    Wheel Stops and Curbs.a.    Parking and/or loading spaces on the perimeter of a parking lot or abutting interior landscaped areas or sidewalks shall include a wheel stop or curb at least four (4) inches high located three (3) feet back from the front of the parking and/or loading space. Include breaks in curbs, as necessary, to allow flow of stormwater to LID stormwater facilities.b.    The front three (3) feet of a parking space may be improved with a low-growing vegetated LID feature, instead of asphalt or concrete pavement. However, this area shall not be counted toward landscape or open space area requirements unless it is part of a LID stormwater feature.c.    The perimeter of a parking or loading area and access and maneuvering drives associated with them shall be improved with a curb, rail or equivalent so that vehicles do not extend over a property line, sidewalk or public or private street. Breaks must be provided along the perimeter feature to allow stormwater movement to LID stormwater features.11.    Maintenance of Parking and Loading Areas. Required parking and loading spaces and associated access and maneuvering drives shall be maintained in good repair at all times.(Amended: Ord. 2008-06-02; Ord. 2009-01-01; Ord. 2014-01-08; Ord. 2015-11-24; Ord. 2018-01-09)B.    Calculation of Parking Requirements.    A site plan for a given use or uses shall show that at least the number of parking spaces required by Table 40.340.010-4 will be provided consistent with this section unless otherwise consistent with the UDC.1.    Where Table 40.340.010-4 requires a certain number of parking spaces based on the area of a building, the area shall be the gross floor area of the structure, as defined in Section 40.100.070 (“floor area, gross”) excluding the area of a building that encloses parking or loading spaces.2.    Where more than one (1) use occupies a given structure or parcel of land or where a given business includes a combination of uses, the minimum required number of parking spaces shall be the sum of the requirements for each use, except to the extent the uses comply with the requirements of this section for shared parking.3.    Where a building may be used for more than one (1) purpose and the applicant does not limit the permitted uses in the building, parking spaces shall be provided based on the possible use(s) that require the most parking spaces.4.    Where Table 40.340.010-4 does not list the parking requirements for a proposed use, the responsible official shall determine the minimum parking requirements for the use, based on requirements in Table 40.340.010-4 for other similar uses, if any, or on substantial evidence of parking needs for similar uses in other, similar locations.5.    Up to thirty percent (30%) of required parking spaces and all parking spaces in excess of minimum requirements may comply with the standards for compact cars in Table 40.340.010-5.6.    All parking areas shall comply with applicable local, state and federal standards regarding parking for disabled persons.7.    The review authority may reduce the required number of parking spaces to less than that required in Table 40.340.010-4 as part of site plan review application or other application if the review authority finds that a lesser number of off-street parking spaces will be enough to fulfill all parking needs of the use or development, based on substantial evidence in the application, such as an adequate survey of parking demand at similar uses under similar conditions. The number of parking spaces for disabled persons may not be reduced under this subsection.8.    The review authority may allow parking credits established through a neighborhood parking plan adopted pursuant to Section 40.340.030 to meet the number of spaces required by Table 40.340.010-4. The number of credits for an individual parcel shall be as established in the approved neighborhood parking plan.(Amended: Ord. 2009-12-01)C.    Parking Design Standards. Off-street parking spaces shall comply with the standards for stalls and aisles, as set forth in Table 40.340.010-5 and Figure 40.340.010-1.D.    Loading Space Number and Design Standards.1.    Commercial, industrial and public utility buildings that have a gross floor area of five thousand (5,000) square feet or more shall provide truck loading or unloading spaces in accordance with Table 40.340.010-1:2.    Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities, and any similar use that has a gross floor area of thirty thousand (30,000) square feet or more, shall provide off-street truck loading or unloading spaces in accordance with Table 40.340.010-2:3.    Loading Berth Design Standards.a.    All required loading berths shall meet the minimum dimensional standards shown in Table 40.340.010-3. Where the vehicles generally used for loading and unloading exceed these dimensions, the required length of these berths shall be increased.b.    In addition to the length of the loading berth, additional maneuvering space may be required by the director for any uses with over ten thousand (10,000) square feet of gross floor area with loading berth access from a collector arterial or local access street, especially if located across the street from another high-demand use. When required, the additional maneuvering space shall be designed and arranged to allow the most efficient use of all required loading berths by motor vehicles of the types typically employed by the activities served. The minimum maneuvering width between the outermost point of the loading berth and the limit of the maneuvering area shall be fifty (50) feet.c.    Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way. All loading space areas shall be separated from parking areas and shall be designated as truck loading spaces.4.    Loading berths on the perimeter of the site shall be screened to a minimum L4 landscape standards. If the adjoining property is within an industrial or commercial district and contains similar uses that are compatible with loading facilities then this standards may not be required. Any loading space located within one hundred (100) feet of areas zoned for residential use shall be screened and operated as necessary to reduce noise and visual impacts. Noise mitigation measures may include architectural or structural barriers, beams, walls, or restrictions on the hours of operation.5.    The review authority may reduce the number or size of required loading spaces to less than that required as part of site plan review or other application if the review authority finds that a lesser number or size of loading spaces will be adequate to serve the expected needs of the development.(Amended: Ord. 2005-04-12; Ord. 2008-06-02)(Amended: Ord. 2008-06-02; Ord. 2011-12-09)(Amended: Ord. 2004-06-11; Ord. 2007-11-13; Ord. 2010-08-06; Ord. 2011-03-09; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-12-14; Ord. 2024-03-02)Figure 40.340.010-1. Required Parking Angle(Amended: Ord. 2011-08-08)

40.340.020 Access and Circulation Standards

A.    Access and Circulation Standards.1.    Applicability. This section applies to new development that includes parking or loading areas or vehicle, bicycle or pedestrian circulation, including changes to access and circulation of existing development.2.    Vehicle Access and Circulation Generally.a.    Availability. Access and circulation required for a proposed use or development shall be improved to the standards in this section before the county issues an occupancy permit or final inspection for the use or development in question.b.    Joint Access. The responsible official may authorize joint access by two (2) or more uses if:(1)    The responsible official finds the access will comply with other applicable access and circulation standards of the UDC; and(2)    Before the county issues a building permit for the use or development on one (1) lot that will be served by the shared access on another lot, the applicant shall submit to the county cross-easements or equivalent agreements executed by the owners of the affected properties and filed permanently in county records with deeds to the properties authorizing use of the properties for the proposed shared access.c.    Access and circulation drives shall comply with the applicable locational standards of Chapter 40.340, and shall be wide enough to safely accommodate the traffic that will use it consistent with standards approved by the Public Works Director. Each parking and loading space shall have access from a street by means of such a drive.d.    Except for single-family and duplex dwellings, it shall be practicable for a typical driver to enter and exit all loading spaces and to enter and exit all groups of more than two (2) parking spaces without backing or maneuvering in a public street other than an alley.3.    Pedestrian Circulation. Pedestrian circulation shall be provided consistent with the following:a.    Required pedestrian circulation routes shall be improved with asphalt, concrete, permeable pavement or other approved all-weather surface; provided, pedestrian circulation routes through recreational or open space areas may be improved with a material consistent with their purpose and the characteristics of their location.b.    Pedestrian circulation routes shall connect structures and uses on the site, such as buildings, vehicle and bicycle parking areas, children’s play areas, required outdoor areas, open spaces, plazas, resting areas and viewpoints.c.    The developer shall extend pedestrian circulation routes to sidewalks and transit stops along streets abutting the site, to pedestrian facilities that extend to the edge of the site from off-site, and to the edge of the site in the direction of existing, approved or proposed off-site pedestrian and transit facilities.d.    To the extent practicable, the pedestrian circulation system shall be designed to minimize the distance a pedestrian needs to walk between typical origins and destinations on and off the site, including transit stops, public sidewalks and building entrances. Circuitous routes generally should be avoided except for an appropriate purpose given the use or setting.e.    Where pedestrian or bicycle routes cross access, maneuvering, parking or loading areas, the crossing must be clearly identified by using striping, elevation changes, speed bumps, a different paving material, and/or other method that effectively alerts drivers, pedestrians and cyclists of the location and nature of the crossing. Striping is discouraged as the only method of identification of pedestrian crossings due to maintenance problems and effectiveness in alerting drivers. When striping is used it must be continuously maintained in perpetuity in an effective manner by the property owner.f.    Where a pedestrian or bicycle route is parallel and adjoining an auto travel lane, the pedestrian or bicycle route must be safely separated from the auto travel lane by using a raised path, a raised curb, bollards, landscaping or other physical barrier.4.    Access Standards for Drive-In, Drive-Up and Drive-Through Uses.a.    All uses providing drive-in, drive-up and drive-through services as defined by the UDC shall provide on-site queuing spaces for in-bound vehicles as shown in Table 40.340.020-1. The minimum queuing space required for uses supplying multiple service terminals or windows will be set in site plan review.b.    A vehicle queuing space shall be eighteen (18) feet long and eight (8) feet wide and shall not be used for backing and maneuvering space for parking or other purposes.(Amended: Ord. 2014-01-08; Ord. 2015-11-24)

40.340.030 Neighborhood Parking Plan

A.    Purpose.    Council may adopt an on-street neighborhood parking plan which changes the use of public rights-of-way to increase the parking supply, changes the way parking is regulated, or incorporates a business/parking improvements district established under Chapter 35.87 RCW. Such neighborhood parking plan may be developed in a collaborative process between the affected neighborhood(s) and the county to respond to instances where neighborhoods desire to change the on-street parking layout within that neighborhood, including provisions for commercial vehicles within that neighborhood, to respond to certain situations respective to parking supply, commercial vehicle parking, or safety.(Amended: Ord. 2019-05-07)B.    Credits Toward Off-Street Parking Requirements.    In adopting a neighborhood parking plan, Council may allocate credits toward the off-street parking requirements of Section 40.340.010(B) for additional on-street parking supply created as part of the neighborhood parking plan. Credits will not be given for the following:1.    Parallel parking created by a development to comply with Section 40.350.030;2.    Off-street parking required under Section 40.340.010 unless approved by the responsible official pursuant to Section 40.340.010(A)(5);3.    Instances where an increase in on-street parking supply in one (1) portion of the neighborhood is offset by decreases in parking supply in other area(s) of a neighborhood;4.    Where the increase in parking supply is temporary;5.    For parking spaces established further than three hundred (300) feet form the subject parcel receiving the credit.(Amended: Ord. 2019-05-07)C.    Process.    Development of a neighborhood parking plan shall be undertaken under the direction of the County Engineer and be adopted by Council following a public hearing which has been advertised in accordance with Section 40.510.030(E). Proposed credits toward off-street parking shall be accompanied by the recommendation of the responsible official. Final design and construction plans shall be approved by the County Engineer.(Amended: Ord. 2019-05-07)

40.350.010 Complete Streets Program

A. Purpose.1.    The purpose of the complete streets program pursuant to RCW 47.04.320 is to encourage local governments to provide street and road designs that incorporate safe access to all users, including bicyclists, pedestrians, motorists, and public transportation users, with the goals of:a.    Promoting healthy communities by encouraging walking, bicycling, and using public transportation;b.    Improving safety by designing major arterials to include features such as wider sidewalks, dedicated bicycle facilities, medians, and pedestrian streetscape features, including trees where appropriate;c.    Protecting the environment and reducing congestion by providing safe alternatives to single-occupancy driving; andd.    Preserving community character by involving local citizens and stakeholders to participate in planning and design decisions.2.    Clark County may plan, scope, design, and construct facilities for the safe accommodation of all users, including bicyclists, pedestrians, motorists and public transportation riders.3.    The county shall leverage local funding for complete streets projects with the Washington State Department of Transportation, the Washington State Transportation Improvement Board, and other funding programs to implement complete streets.B.    Applicability.    The complete streets program applies to transportation facilities consistent with the Clark County Standard Details Manual and Sections 40.350.015 and 40.350.030.C.    Definitions.    For the purposes of this section, the following definitions shall apply:D.    Design.1.    Complete streets program projects shall be planned, scoped, designed and constructed pursuant to Section 40.350.030(C), Specifications for Design and Construction.2.    The County Engineer may, at their discretion, determine that there are exceptions to the provision of these facilities. The conditions that might preclude the inclusion of complete streets facilities include, but are not limited to, the following:a.    Their inclusion would be contrary to public safety; orb.    Their construction is not practically feasible because of significant adverse environmental impacts to streams, wetlands, steep slopes, or other critical areas; orc.    Their construction is not practically feasible because of significant adverse impacts on neighboring land uses, including impacts from right-of-way acquisition; ord.    There is no identified need for the improvement.(Added: Ord. 2019-11-05)

40.350.015 Pedestrian/Bicycle Circulation Standards

Pedestrian and bicycle circulation facilities shall be designed to provide safe, convenient and appropriate levels of access for pedestrians and bicyclists, and allow for unobstructed movements and access pursuant to the Americans with Disabilities Act, as amended.A.    Applicability.    This section applies to any subdivision, short plat, site plan application, or conditional use permit; provided, that for the purposes of Sections 40.350.030(B)(4) and (B)(8), it shall also apply to applications for building permit or other applications for access to a public road, or to projects within the public right-of-way. (Amended: Ord. 2019-11-05; Ord. 2020-12-02; Ord. 2025-07-01)B.    Pedestrian Circulation/Sidewalks.    For sidewalk construction standards, construction timing, construction bond and procedure, see Section 40.350.030(C)(4)(h). For sidewalks specifications, see the Standard Details Manual. For reference materials, see Pedestrian Facilities Guidebook – Incorporating Pedestrians into Washington’s Transportation System, sponsored by WSDOT.1.    Urban Areas. Sidewalks shall be constructed as provided below.a.    Where Required. Sidewalks shall be constructed along both sides of all public roads in urban areas in accordance with the standard plans. Sidewalks shall be constructed in accordance with the Standard Details Manual.b.    Exceptions. Sidewalk requirements may be waived or reduced where an approved pedestrian circulation plan is incorporated into the development application. Sidewalk requirements may also be reduced to one (1) side only of the development frontage for new streets when topography or other physical features require a reduction in transportation standards. Any reduction in transportation standards requires a road modification pursuant to Section 40.550.010.c.    Width. Sidewalks shall be constructed to the minimum width listed in Table 40.350.015-1; provided:(1)    In instances where a minimum width less than five (5) feet is approved, there shall be Americans with Disabilities Act compliant five (5) foot by five (5) foot landings every two hundred (200) feet.(2)    The remaining area between the curb and the edge of the right-of-way may be hardscaped if approved by the review authority.d.    Obstructions. Fixed objects such as trees, tree wells, mailboxes, fire hydrants, utility or telephone poles, or benches may be placed on the sidewalk; provided, that a minimum unobstructed width of forty-eight (48) inches is provided.e.    At Transit Stops. Sidewalks at transit stops shall be a minimum of eight (8) feet wide and may abut the curb.f.    When Attached to Curbs. Where sidewalks abutting the curb have been approved, sufficient right-of-way or easement shall be established to provide a minimum of three (3) feet of clearance between the back of the sidewalk and the right-of-way.g.    Curb Ramps. On all curbed streets along the frontage of a development, ramped sections to facilitate passage of handicapped persons, in compliance with the Americans with Disabilities Act, shall be constructed through curb and sidewalk at street intersections and other crosswalk locations.h.    Where Intersecting with Driveways. Sidewalks crossing driveways shall be constructed in compliance with the Americans with Disabilities Act (see the Standard Details Manual).i.    Sidewalks shall not be located between a travel lane of a public or private road and off-street parking that is not accessed by a driveway or otherwise physically separated from the road.2.    Rural Areas. Commercial, industrial, conditional use, and public facility developments within rural centers shall construct detached sidewalks or walkways of Portland cement concrete or asphalt along all street frontages. Such facilities, when required, shall be constructed to urban standards.1 Industrial uses containing over five thousand (5,000) square feet of office space shall comply with the requirements for commercial, multifamily residential, public facilities, and institutional uses.(Amended: Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2019-11-05; Ord. 2020-12-02; Ord. 2025-07-01)C.    Bicycle Circulation.1.    Urban Area – Where Required. Bike lanes shall be included in the reconstruction or new construction of any arterial or collector street if bike lanes are indicated in the Arterial Atlas or as required by the County Engineer.a.    Signage and Markings. Bike lanes shall include signage and pavement markings in conformance with the Manual on Uniform Traffic Control Devices.b.    Vertical Clearance. Bike facilities shall have an unobstructed vertical clearance of not less than eight (8) feet.c.    Reference Standards. Standards for bikeways consist of the following: Manual on Uniform Traffic Control Devices, USDOT, and Federal Highway Administration. For additional reference see “Guide for Development of New Bicycle Facilities,” American Association of State Highway and Transportation Officials (AASHTO), 1991.2.    Rural Area. Rural area developments outside rural centers are not subject to the bicycle circulation requirements.(Amended: Ord. 2020-12-02; Ord. 2025-07-01)D.    Bicycle Guidelines.    Bicycle areas are not required to meet the following standards; however, developments are encouraged to meet these standards to the extent practicable.1.    Design Guidelines.a.    Bicycle parking facilities should either be a lockable enclosure in which the bicycle is stored, or a secure stationary rack which supports the frame so the bicycle cannot easily be pushed or fall to one (1) side. Racks that require a user-supplied lock should accommodate locking the frame and both wheels using either a cable or U-shaped lock.b.    Bicycle parking spaces should be at least six (6) feet long and two-and-one-half (2 1/2) feet wide, and overhead clearance in covered spaces should be a minimum of seven (7) feet.c.    A five (5) foot aisle for bicycle maneuvering should be provided and maintained beside or between each row of bicycle parking.d.    Bicycle racks or lockers should be securely anchored.e.    Required bicycle parking should be well lighted and secure.f.    Bicycle parking should not obstruct walkways. A minimum five (5) foot wide aisle shall remain clear.g.    If ten (10) or more bicycle spaces are provided for commercial development, then at least fifty percent (50%) of the bicycle spaces should be covered. A lockable enclosure shall be considered as a covered parking space.h.    All of the required bicycle parking for residential uses should be covered. This may include space provided in a carport or garage.2.    Location Guidelines.a.    Bicycle parking should be located on the site within fifty (50) feet of main building entrances and not farther from the entrance than the closest standard or compact motor vehicle parking space. Bicycle parking should have direct access to both the public right-of-way and to the main entrance of the principal use.b.    For buildings or developments with multiple entrances, bicycle parking should be distributed proportionally at the various public entrances; employee bicycle parking should be located at the employee entrance, if appropriate.c.    Bicycle parking may be located in the public right-of-way only with the approval of the responsible official.d.    Bicycle parking may be provided within a building easily accessible for bicyclists.(Amended: Ord. 2020-12-02)E.    Accessways.1.    Applicability. The review authority may require an off-street accessway be constructed to provide direct routes for pedestrians and bicyclists not otherwise provided by the street system to mitigate the impact of development.2.    Collector and Arterial Roadways. Off-street accessways shall be required of development that has frontage, access, or abuts a collector or arterial classified roadway and if any lot within the proposed subdivision’s pedestrian circulation is further than one-quarter (1/4) mile from the collector or arterial roadway, and the pedestrian has to travel out of direction to access the collector or arterial classified roadway.3.    Design. Accessways shall consist of a ten (10) foot minimum public easement or tract and may be entirely hardscaped. All surfaces shall be designed to drain stormwater run-off to the side or sides of the accessway. Accessways shall comply with Americans with Disabilities Act standards.4.    Visibility. Accessways shall be constructed so that the entirety of the accessway is visible from one (1) or more adjacent public streets. On-street parking shall be prohibited within fifteen (15) feet of the intersection of an accessway and a public street to preserve safe sight distances. A vertical clearance of eight (8) feet is required.5.    No Vehicular Access. Accessways shall be designed to prohibit motorized traffic. Curbs, bollards or branching the accessway into two (2) narrower one-way paths before it reaches the roadway are suggested design considerations.6.    Stairways. Accessways must not exceed a 1:12 slope. If a 1:12 slope cannot be graded or constructed due to physical topographic constraints, stairs will be required. Accessways that are compliant with the Americans with Disabilities Act standards are the preferred design to accommodate all users. A design memorandum shall be submitted for review and approval demonstrating that all Americans with Disabilities Act standards were incorporated to the maximum extent feasible and documenting any infeasibility to comply. Stairways shall be at least five (5) feet wide with a center handrail, and flat sloped surfaces along the outside on which bicycles may be walked.7.    Off-site Improvements. Developments shall not be required to provide public easements for accessways off-site to meet this requirement. If a public easement or public right-of-way is otherwise available off-site, the developer may be required to construct an accessway off-site up to one hundred and fifty (150) feet long to mitigate the impact of development.(Amended: Ord. 2019-11-05. Formerly 40.350.010; Ord. 2020-12-02)

40.350.020 Transportation Concurrency Management System

A.    Purpose.    This section implements the requirements in RCW 36.70A.070 that counties:1.    Establish level of service standards for arterial and transit routes; and2.    Ensure that such standards are met or reasonably funded before new development is approved.B.    Applicability.    This section applies to applications for subdivision, short subdivision, conditional use permit approvals, and site plan review, except for those site plan reviews for unoccupied utility and wireless communication facilities which have a potential vehicular impact on the level of service of a segment or intersection of either:1.    Any county roadway with a comprehensive plan functional classification of arterial or collector; or2.    Any state highway of regional significance.(Amended: Ord. 2007-11-13)C.    Review Authority.    The review authority shall approve, approve with conditions, or deny proposed developments in accordance with the provisions of this section.D.    Transportation Impact Study.1.    A transportation impact study shall be required for all development applications in which the proposed development is projected to have an impact upon any affected transportation corridor or intersection of regional significance, unless the development application is exempt from the provisions of this section as provided for in Section 40.350.020(D)(7), or the requirement for a study has been waived by the Public Works Director.2.    A transportation impact study shall include, at a minimum, an analysis of the following elements:a.    Trip generation, modal split, distribution, and assignment for the proposed development; andb.    An analysis of the projected impact of the proposed development upon the current operating level and safety of affected transportation corridors and intersections of regional significance. The analysis shall also include an accounting of trips assigned to all collector and arterial roadways.3.    A transportation impact study shall be prepared by and/or under the supervision of a registered professional engineer in the state of Washington.4.    A transportation impact study shall be based on traffic counts obtained within twelve (12) months of the fully complete date of the development application as determined under Sections 40.510.010(B), 40.510.020(C), and 40.510.030(C). The traffic counts shall reflect representative traffic conditions on collector and arterial roadways, and at intersections of regional significance. Intersections of regional significance are those intersections where at least three (3) legs are collector or arterial classification roadways.5.    A transportation impact study shall not be required to analyze impacts on affected transportation corridors or intersections of regional significance located at least the following distances from the proposed development (as measured by straight-line distance):a.    Fifty (50) or less new peak period trips at development site: one (1) mile;b.    Fifty-one (51) to two hundred fifty (250) new peak period trips at development site: two (2) miles;c.    Two hundred fifty-one (251) or more new peak period trips at development site: three (3) miles.6.    The Public Works Director reserves the right to require an applicant to provide additional data and/or analysis as part of a particular transportation impact study, where the Public Works Director determines that additional information or analysis is required to implement the standards and requirements contained in this section.7.    No traffic impact study shall be required, pursuant to the provisions of this section, where the proposed development will generate less than ten (10) peak period vehicle trips. However, these proposed developments are still subject to concurrency reviews and require concurrency approvals.8.    Upon the written request of an applicant, the Public Works Director may waive the requirement for a transportation impact study, or limit the scope of analysis and required elements of a traffic impact study where the Public Works Director determines that the potential transportation impacts upon the affected transportation corridor(s) and/or intersection(s) of regional significance have been adequately analyzed in prior research or reports and/or are not projected to cause a reduction in the operating level of affected transportation corridors and/or intersections.E.    Requirements for Concurrency Approval.1.    Each development application subject to the provisions of this section shall require a concurrency review. No development application may be approved by the review authority until such time as a concurrency approval or conditional concurrency approval has been issued by the Public Works Director.2.    The concurrency determination for multiple development applications impacting the same transportation corridors or intersections shall be tested chronologically in accordance with the respective applications’ fully complete dates as determined under Sections 40.510.010(B), 40.510.020(C), and 40.510.030(C) (but not the contingent vesting provisions of Sections 40.510.010(D), 40.510.020(G), and 40.510.030(G)). For the purpose of this subsection only, the fully complete date for an application delayed in processing for sixty (60) days or longer due to actions or inaction of the applicant (as determined by the responsible official) shall be adjusted according to the length of such delay. Preapplication concurrency reviews shall be tested in the order they are received.3.    The Public Works Director shall issue a concurrency approval where the Public Works Director determines that the proposed development’s impacts upon all affected transportation corridors and intersections of regional significance do not result in the operating levels for the transportation corridors, signalized intersections, and unsignalized intersections falling below the adopted level of service standards established in Section 40.350.020(G).4.    A concurrency review and approval shall not be required for those affected transportation corridors and intersections of regional significance further away than the distances identified in Section 40.350.020(D)(5).5.    The Public Works Director may approve and condition mitigation (if volunteered by the applicant) where the Public Works Director determines that the proposed development’s projected impacts upon an affected transportation corridor or intersection of regional significance can be offset by the mitigation such that the operating levels will not further deteriorate because of the additional traffic generated by the proposed development. The review authority may approve a development when the Public Works Director determines that achieving the level of service standards would cause significant negative environmental impacts as identified in a SEPA review.6.    Appeals to the determination of the Public Works Director with respect to concurrency shall be made in accordance with Sections 40.510.010(E), 40.510.020(H), and 40.510.030(H). Applications reviewed as Type I and Type II procedures shall be appealed as Type II procedures. For applications reviewed as Type III procedures, the Public Works Director’s determination shall be treated as a recommendation to the review authority.(Amended: Ord. 2012-05-25) F.    Determination of Operating Levels.    The operating level for a transportation corridor, signalized intersection, and/or unsignalized intersection shall be defined as the traffic characteristics of those roadways and intersections with consideration of the following factors:1.    The existing traffic levels on the roadways and intersections;2.    Any mitigation measures proposed by the applicant.a.    For site plans, mitigation measures shall be completed and/or implemented prior to occupancy or commencement of the use.b.    For land divisions, mitigation measures shall be completed and/or implemented prior to:(1)    Final plat approval; or(2)    Issuance of the first building permit for any newly recorded lot, provided:(a)    The improvements are secured by a performance bond or financial guarantees acceptable to the county prior to final plat.(b)    Construction plans shall be approved, and any needed right-of-way for the mitigation improvements have been obtained prior to final plat approval.(c)    “Model home” building permits issued subject to the requirements of Section 40.260.175 do not require bonding or right-of-way acquisition necessary for transportation concurrency mitigation measures.3.    Any mitigation measures conditioned to other approved developments which will be completed and/or implemented prior to occupancy of the proposed development;4.    The traffic impacts of the proposed development on the affected transportation corridors and intersections;5.    The traffic impacts of other approved developments not yet fully built-out on the affected transportation corridors and intersections;6.    Any improvements being implemented as part of the county’s transportation improvement program that are reasonably funded and scheduled for completion of construction within six (6) years of the final date for a decision upon the development application;7.    Any capacity which has been assigned or reserved to other and/or future developments pursuant to the terms of a development agreement or capacity reservation authorized and executed under the provisions of this chapter;8.    Any background traffic growth or traffic from developments exempt from the requirements of this chapter that the Public Works Director determines could have an impact on the operating level of the transportation corridors or intersections;9.    Any other factors that the Public Works Director has determined could have an impact on the operating level of the transportation corridors or intersections.(Amended: Ord. 2007-04-13; Ord. 2007-09-12; Ord. 2007-11-09; Ord. 2009-12-01; Ord. 2011-08-08) G.    Level of Service Standards.1.    Level of service or LOS standards shall be as follows:a.    The maximum volume to capacity ratio for each roadway segment shall not exceed nine-tenths (0.9), when measured independently for each direction of travel. Measurements shall be made for all collector and arterial roadway segments located within the Vancouver Urban Growth Area, but outside of the City of Vancouver. Measurements shall also be made for state highways of regional significance. In calculating the volume to capacity ratio, the volume shall be determined based on the factors described in Section 40.350.020(F). In determining the capacity for roadways built-out to county standards, the capacity shall be based on the factors described in Table 40.350.020-1, Roadway Capacities. For roadways not fully built-out to county standards, the capacity shall be determined based on the current roadway condition. For roadways with lane widths twelve (12) feet and greater, and with paved shoulder widths two (2) feet and greater, the lane capacity shall be eight hundred (800) vehicles per hour. For roadways with lane widths between eleven (11) and twelve (12) feet and with paved shoulder widths two (2) feet and greater, the lane capacity shall be seven hundred (700) vehicles per hour. For roadways with lane widths less than eleven (11) feet, the lane capacity shall be six hundred (600) vehicles per hour.b.    Individual movements at each signalized intersection of regional significance in the unincorporated county shall not exceed an average of two (2) cycle lengths or two hundred forty (240) seconds of delay (whichever is less). c.    All unsignalized intersections of regional significance in the unincorporated county shall achieve LOS E standards or better (if warrants are not met). If warrants are met, unsignalized intersections of regional significance shall achieve LOS D standards or better. Intersection control or mitigation of unsignalized intersections shall be at the discretion of the Public Works Director and shall not obligate the county to meet this LOS standard. However, proposed developments shall not be required to mitigate their impacts in order to obtain a concurrency approval unless:(1)    The proposed development adds at least five (5) peak period trips to a failing intersection approach; and(2)    The worst movement on the failing approach is worsened by the proposed development. In determining whether the movement is worsened, the Public Works Director shall consider trip volume, delay, and any other relevant factors.d.    The LOS standards identified in this subsection shall be applied during peak period traffic conditions, as defined by the responsible official and published in the administrative manual.2.    The LOS standards established in this subsection shall be applied and interpreted as stated in the administrative manual prepared pursuant to Section 40.350.020(N).3.    The LOS standards and the operating levels for each transportation corridor and intersection of regional significance shall be evaluated and reviewed on an annual basis by Council.4.    Notwithstanding the provisions for the annual review of LOS standards pursuant to this section, Council reserves the authority to enact and renew emergency moratoria and interim zoning or other official controls upon development approvals affecting designated transportation corridors and intersections of regional significance pursuant to RCW 36.70A.390, and may specify qualifications or conditions for the application of such moratoria and interim zoning or other official controls.(Amended: Ord. 2010-08-06; Ord. 2019-05-07) H.    Exemptions from Concurrency Requirements.    The following types of development applications shall not be subject to a concurrency denial:1.    K – 12 public schools incorporating commitments to commute trip reduction consistent with Chapter 5.50;2.    Fire/police stations;3.    Public transit facilities;4.    Neighborhood parks.(Amended: Ord. 2006-05-01)I.    Concurrency Survey.1.    For purposes of monitoring the cumulative transportation-related impacts of developments which are exempt from the requirements of this section, such development applications shall be required to submit a concurrency survey for review by the Public Works Director.2.    Submittals of concurrency surveys shall be made upon written forms provided by the Director and shall be filed with the Public Works Director. The concurrency survey shall indicate, at a minimum:a.    The type and location of the development;b.    An identification of all affected transportation corridors and intersections of regional significance;c.    The specific reason the development is exempt from the provisions of this section;d.    An estimate of the projected total peak period trips that will be generated by the development; ande.    An estimate of the date of occupancy of the development.3.    The Public Works Director shall review and approve the concurrency survey, and may require the submission of additional information prior to approving the survey.4.    No development application may be approved by the review authority until such time as the applicant has complied with the requirements of this subsection, and the Public Works Director has approved the concurrency survey.J.    Reservation of Capacity.1.    Upon issuance of a concurrency approval by the Public Works Director, the transportation capacity allocated by the Public Works Director to the development application shall become encumbered capacity. This encumbered capacity shall not be considered for use by another development application until such time as the concurrency approval expires pursuant to Section 40.350.020(J)(4).2.    Upon issuance of a development approval by the review authority, this encumbered capacity shall become reserved capacity and shall not be considered for use by another development application.3.    Reserved capacity shall not be transferable to another development upon another site. Reserved capacity from a previous development approval shall not be transferable to a different land use development upon the same site.4.    Concurrency approvals shall be valid for the same period of time as the development approval, and shall expire upon the date the development approval expires. Notwithstanding the provisions of this subsection, a concurrency approval shall expire upon the date the development application for which the concurrency approval was required is:a.    Withdrawn by the applicant; b.    Denied approval by the review authority; provided, that for purposes of this section, an application shall not be deemed to be denied by the review authority until a final decision has been issued pursuant to any administrative appeal under Sections 40.510.010(E), 40.510.020(H), and 40.510.030(H); or until a final decision has been rendered by a superior court with competent jurisdiction, where such judicial appeal has been filed in a timely way; or c.    Not found to be fully complete within one hundred eighty (180) days of a pre-application concurrency approval.(Amended: Ord. 2012-05-25) K.    Capacity Reservation for Development Agreements.    Council may reserve capacity, prior to approval of a development application by the review authority, through the approval of a development agreement authorized and executed under the provisions of RCW 36.70B.170. This reserved capacity shall be accounted for in establishing and reviewing LOS standards and in the determination of operating levels for transportation corridors and intersections.(Amended: Ord. 2019-05-07)L.    Capacity Reservation for a Preferred Land Use.1.    Where Council finds that there is a significant public interest or need to provide for the approval of a preferred land use that would affect the transportation corridors and/or intersections of regional significance, Council following a public hearing may provide for the reservation of capacity for such land use. Council may direct, by ordinance, that the transportation capacity necessary to accommodate such land use be reserved for the future approval of such land uses.2.    Such reservation shall be for an identified period of time and shall be subject to annual review by Council. This reserved capacity shall be accounted for in establishing and reviewing LOS standards and in the determination of operating levels for the transportation corridors and intersections.(Amended: Ord. 2019-05-07)M.    Deferral of Reserved Capacity.    If reserved trips from a development agreement (Section 40.350.020(K)) are not scheduled to be utilized for at least five (5) years, Council by administrative resolution may direct that all or a portion of such out-year trips be excluded in concurrency testing of other project applications where anticipated transportation improvement projects, whether or not deemed reasonably funded, are expected to increase capacity on the impacted corridor(s)/intersection(s) by at least the volume of the out-year trips so deferred. When deferring use of reserved trips, the reserved trips will remain vested with the original party to the developer agreement and will be available for use by that party consistent with any conditions in the development agreement.(Amended: Ord. 2019-05-07)N.    Establishment of Administrative Manual.1.    The Public Works Director shall establish and adopt the methodology and criteria to be used to identify transportation corridors and evaluate the operating level for each transportation corridor and intersection of regional significance.2.    The Public Works Director shall establish and adopt the methodology and criteria to be used to identify and evaluate the transportation impacts of developments which are required to be addressed in the transportation impact studies required by Section 40.350.020(D).3.    The Public Works Director shall publish and regularly update an administrative manual setting forth the methodology and criteria adopted for the purposes described in Sections 40.350.020(N)(1) and (N)(2).4.    A copy of the most recent version of the administrative manual shall be made available for public inspection and review.5.    The provisions of the administrative manual shall be consistent with and implement the provisions of this section. To the extent the provisions of the manual are inconsistent with the provisions of this section, the provisions of this section shall control.O.    Mitigated Level of Service for Master Planned Developments.    Mitigated level of service standards may be established, for master planned industrial, university or office uses, which the review authority finds:1.    Are approved for master plan development under Section 40.520.070 for properties zoned light industrial (IL) or are approved as a master development plan under Section 40.230.050 for properties zoned university (U), or if previously approved, are found to substantially comply with Section 40.230.050 or 40.520.070;2.    Are served by a transportation corridor which incorporates measures to mitigate traffic congestion, such as high occupancy vehicle lanes, fifteen (15) minute or better peak hour transit service, freeway ramp metering, or traffic signal coordination; and3.    Incorporates a commitment to commute trip reduction for all industrial, university and office on-site employers, consistent with Chapter 5.50.(Amended: Ord. 2007-11-09; Ord. 2012-12-14)P.    Application of SEPA to the Director’s Determinations.    Any determination made by the Public Works Director pursuant to this section shall be an administrative action that is categorically exempt from the State Environmental Policy Act.(Amended: Ord. 2006-09-05; Ord. 2014-08-09; Ord. 2017-04-13)

40.350.030 Street and Road Standards

A.    Overview.1.    Purpose. It is the purpose of this section to establish minimum standards for public and private transportation facilities for vehicles, public transit, pedestrians, and bicycles, hereafter constructed or improved as a condition of county approval of a development, or a transportation project constructed by the county. These standards are intended to preserve the community’s quality of life and to minimize total costs over the life of the transportation facility.2.    Applicability. This section applies to any subdivision, short plat, site plan application, or conditional use permit; provided, that for the purposes of Sections 40.350.030(B)(4) and (B)(8), it shall also apply to applications for building permits or other applications for access to a public road, or to projects within the public right-of-way. Unoccupied utility and wireless communication facilities shall only be subject to the provisions of Sections 40.350.030(B)(4)(c) – (e) and (B)(8). Private bridges are addressed in Section 40.350.040.3.    Relationship to Comprehensive Plan.a.    Clark County is required by RCW 36.70A.040(3) to ensure that any development regulations adopted subsequent to the comprehensive plan “...are consistent with and implement the comprehensive plan...”b.    This section is consistent with and implements the goals and policies listed in the comprehensive plan. Particular attention has been paid to Chapter 5, Transportation Element.c.    Interpretations of this section shall be consistent with the effective Arterial Atlas. The Arterial Atlas identifies all arterials and collectors and specifies the design of these facilities in general terms.d.    This section implements the pedestrian and bikeways system plan and the Arterial Atlas. The atlas requires pedestrian and/or bicycle facilities to be included as part of certain arterial and collector road cross-sections where the pedestrian and bikeways system plan indicates such facilities are to be located. This section requires the inclusion of pedestrian and bikeway facilities in frontage improvements based on the functional classification adopted in the Arterial Atlas.4.    Functional Classifications – Purpose. The purpose of a functional classification system for county roads is to define varying levels and types of transportation facilities that provide for the safe and efficient movement of people and goods, while preserving residential areas and maintaining the economic vitality of commercial and industrial areas. The system classifies transportation facilities as either urban or rural roads. Both urban and rural roads are further divided into arterials, collectors, and access roads. There is also an urban commercial/industrial category of roads.    Existing and proposed arterials and collectors are shown on the current Arterial Atlas. The county’s functional classification system for arterials is intended to be in compliance with the federal classification system.5.    Functional Classifications – Urban Roads. Urban roads are classified as outlined below:a.    Arterials.(1)    Parkway Arterial. “Parkway arterial” is the highest classification within the county’s functional classification system. The purpose of this county road is to carry high volumes of traffic through the urban area and between major regional activity centers. This class of roadway is of primary importance in the regional transportation system as it carries a high proportion of the total urban-area travel. Access is normally limited to intersections with other arterials. Direct land access is prohibited.(2)    Principal Arterial. “Principal arterial” is the basic element of the county’s road system. All other functional classifications supplement the principal arterial network. It carries large volumes of traffic over long distances. Access is generally limited to intersections with other arterials and collectors. Signalized intersection spacing is regulated. Direct land access is minimal and managed, but is less restrictive than access from parkway arterials. Spacing is typically two (2) to five (5) miles.(3)    Minor Arterial. “Minor arterial” collects and distributes traffic from principal arterials to streets of lower classifications and may allow for traffic to directly access destinations. Minor arterials provide for movement within subareas of the county, whose boundaries are largely defined by principal arterial roadways. They serve through traffic and provide direct access to large commercial, industrial, office and multifamily development but, generally, not to single-family residential properties. Spacing is typically less than two (2) miles.b.    Collectors – Urban Collector. “Urban collector” provides for land access and traffic circulation within and between residential neighborhoods, and commercial and industrial areas. The collector street also collects traffic from local streets and channels it into the arterial system. Direct access to adjacent land uses, however, is still subordinate to traffic movement. Access to abutting properties is controlled through driveway spacing and pavement markings. Typically, collectors are not continuous for any great length, nor do they form a connected network by themselves. Spacing is typically less than two (2) miles.c.    Access Roads.(1)    Neighborhood Circulator. “Neighborhood circulator” serves to distribute traffic from collectors and provides direct access for abutting properties. Through trips are discouraged and parking is allowed. In general, these streets connect local access streets to collectors.(2)    Local Access. “Local access” streets provide direct access to adjoining properties within a neighborhood. Through trips are discouraged and parking is usually allowed. In general, these streets do not directly connect to arterials or collectors.(3)    Short Cul-de-Sac. “Short cul-de-sac” streets are a maximum one hundred fifty (150) feet in length and serve no more than eighteen (18) dwelling units. Parking is allowed. The use of shared driveways off of short cul-de-sacs requires Fire Marshal approval.(4)    Alley. “Alley” streets are secondary accesses to the back side of lots. This allows streets at the front of properties not to be encumbered with driveways. Alleys are an alternative to frontage access. Parking is not allowed.d.    Urban Commercial/Industrial. “Urban commercial/industrial” streets serve to distribute traffic from arterials and provide direct access to abutting commercial or industrial properties. Through trips are discouraged and parking is optional. Bike lanes may be required when the projected average daily trips exceed three thousand (3,000).    A “storefront street” is a pedestrian-oriented street type that can be used in Mixed-Use and Highway 99 commercial districts where building setbacks are zero (0) to five (5) feet. Driveway access is not permitted; wide sidewalks, curb bulb-outs and parking are required.6.    Functional Classifications – Rural Roads. Rural roads are classified as follows:a.    Rural Arterial. “Rural arterial” roads are rural extensions of urban principal arterials and some urban minor arterials. They provide adequate right-of-way for future urban arterial routes. The provision of land access remains subordinate to providing for traffic movement. Parking is not allowed.b.    Collectors.(1)    Rural Major Collector. “Rural major collector” roads are rural extensions of urban minor arterials and some urban collectors. Their primary purpose is to link rural centers with nearby towns and cities and with state arterial routes. The provision of land access remains subordinate to providing for traffic movement. Parking is not allowed.(2)    Rural Minor Collector. “Rural minor collector” roads connect local traffic to rural major collectors and state arterial routes and may be rural extensions of urban minor arterials or urban collectors. They are spaced so as to be accessible to all developed areas within the county. The provision of land access is given the same priority as the provision of traffic movement. Parking is not allowed.c.    Access Roads.(1)    Rural Local Access. “Rural local access” roads provide access from parcels to the rural collector system. Parking is not allowed.7.    Scenic Routes.a.    Scenic routes are roadways with unique scenic or historical features, officially designated by Council. Scenic routes seek to enhance, preserve and facilitate the enjoyment of those scenic or historical features unique to each route.b.    Scenic route design may allow reduced design speed and modified roadway and right-of-way widths to preserve naturally occurring scenic beauty unique to the location of the route. When possible, existing alignment and roadway sections shall be used. Special features, such as vehicle turnouts for vista areas or bicycle/pedestrian facilities, may be provided. Urban or rural collector standards shall be used for right-of-way and roadway sections. The Public Works Director may modify the standards to accommodate unique scenic or historic design considerations.c.    A traffic analysis to determine the impacts on arterials, collectors, and access roads shall be completed prior to designating a facility a scenic route.8.    Urban Reserve, Urban Holding Areas and Rural Centers. The following are special applications of the functional classifications. Chapter 5 of the comprehensive plan lists additional transportation improvements required in specific geographic areas.a.    New developments permitted outright within the urban holding and urban reserve areas of the county shall meet rural road standards, except that the right-of-way for rural local access roads shall be a minimum of fifty-four (54) feet to allow for a future neighborhood circulator street.b.    Compliance with the urban road standards for right-of-way dedication and frontage improvements shall be required for:(1)    Conditional uses in urban holding areas; and(2)    Conditional uses that are urban in character, within urban reserve areas.c.    Where urban frontage improvements are required and the road to be improved has a rural classification, Table 40.350.030-1 shall be used to convert rural classifications to urban.d.    New developments within rural centers shall meet rural road standards. All public and private roads shall be paved and constructed with sidewalks.(Amended: Ord. 2006-09-13; Ord. 2007-09-13; Ord. 2007-11-13; Ord. 2008-06-02; Ord. 2009-06-01; Ord. 2009-12-01; Ord. 2012-05-14; Ord. 2012-05-30; Ord. 2016-09-04; Ord. 2018-01-09; Ord: 2019-05-07; Ord. 2019-11-05; Ord. 2023-01-08; Ord. 2024-03-01)B.    Standards for Development Review.1.    Transportation Impact Study. The requirements for a transportation impact study are stated in Section 40.350.020(D).2.    Circulation Plan.a.    Purpose and Applicability. The purpose of this section is to ensure adequate cross-circulation in a manner which allows subsequent developments to meet these standards, and to provide a mechanism for integrating various streets into an efficient and safe transportation network.    Developments that are required to conduct a transportation impact study or construct frontage improvements shall meet the requirements of this section.b.    Information Requirements for a Circulation Plan. Applicants shall submit a circulation plan which includes the subject site and all adjacent parcels. Proposed streets must be shown to the point of connection with the existing street system within six hundred (600) feet. The circulation plan shall demonstrate feasibility with development of adjacent properties, or may revise the off-site portion of prior approved plans. Circulation plans shall also be consistent with the Arterial Atlas, as amended. A circulation plan shall be submitted at application. Draft circulation plans may be submitted at preapplication.(1)    Information Requirements for Developments in Urban Area. Urban circulation plans shall be schematic in nature and to an engineering scale (e.g., 1" = 100’, 1" = 200’, 1" = 400’). The plan should include sufficient off-site and on-site conditions to evaluate it against the review criteria. It shall include:(a)    Proposed project boundary;(b)    Existing and proposed streets, transit routes and facilities, and other pedestrian/bicycle destinations within six hundred (600) feet of the project boundary;(c)    Site access points for vehicles, pedestrians, bicycles, and transit; and(d)    Sensitive lands (wetlands, shoreline, geologic hazard, floodplain, etc.), if they are contained in the county’s information package.    The circulation plan should be prepared on eight and one-half (8 1/2) inch by eleven (11) inch (8 1/2" x 11") or eleven (11) inch by seventeen (17) inch (11" x 17") or twenty-four (24) inch by thirty-six (36) inch (24" x 36") format, and can be superimposed on the “arterials, C-Tran routes, parks and trails” and “elevation contours” pages provided with the developer’s GIS packet. Additional explanation or an additional legend may be required to adequately show proposed on-site facilities.(2)    Information Requirements for Developments in Rural Area. Rural circulation plans shall be schematic in nature and based on the appropriate quarter-section map. The plan should include sufficient on-site and off-site conditions to evaluate it against the review criteria. Rural circulation plans shall include:(a)    Proposed project boundary;(b)    How the project site connects to the existing street system;(c)    Any arterials identified in the Arterial Atlas, as amended, within eight hundred (800) feet of the site.c.    Review Criteria for an Urban Circulation Plan.(1)    Cross-Circulation. Cross-circulation shall be provided in a manner that meets these standards and, where possible, that will allow subsequent developments to meet these standards:(a)    Block Length. Block lengths shall be between one hundred (100) to eight hundred (800) feet; provided, that where a block is partially defined by an arterial or industrial road the block lengths along the arterial shall be no less than the minimum full access intersection spacing specified in Table 40.350.030-3. For the purpose of this section, “block length” is the distance between public road intersections as measured along the nearside right-of-way line.(b)    Block Perimeter. The block perimeter shall not exceed three thousand two hundred (3,200) feet unless accessway(s) for pedestrian or bicycle circulation are provided or where topographic or other physical constraints preclude achieving this standard.(2)    Access Street System. The access street system shall:(a)    Provide convenient parcel access to and from adjacent arterials and/or collectors;(b)    Be designed to discourage external traffic from short-cutting;(c)    Be designed to discourage vehicular speeds in excess of legal speed limits;(d)    Be designed for convenient circulation of internal traffic without reliance on the arterial systems;(e)    Support direct travel by pedestrians, bicyclists, and transit users; and(f)    Discourage unnecessary streets and hard surfaces.3.    Transportation Design Criteria. The design criteria set out in Tables 40.350.030-2 and 40.350.030-3 are adopted as a portion of the Clark County standard specifications. Such criteria are applicable to roads located within and adjacent to a development. These criteria are intended for normal conditions. The responsible official may require higher standards for unusual site conditions.    All urban roads except alleys consist of a core road section and a flex zone section.a.    The core road consists of the traveled-way portion of the road, as well as medians and turning lanes on higher classification roads. Core road features as shown on the Standard Details Manual drawings allow little, if any, variation unless a road modification request is approved.(1)    Travel and turning lanes require impervious pavement on all rural roads, and urban arterials, collectors, industrial/commercial, and neighborhood circulator roads.(2)    Permanent median areas may utilize stormwater low impact development features including, but not limited to, bioretention swales and permeable pavement. Such features shall be subject to approval by the Public Works Director and shall be designed to ensure adequate public safety.b.    The flex zone consists of that portion of the roadway outside of the core road. Flex zone features can include stormwater best management practice features, parking and bike lanes, sidewalks, and planter and utility strips, depending on the road classification. These features may be designed with considerable flexibility subject to engineering approval by the county; however, all features applicable to the road classification shall be provided. Some flex zone features may require more right-of-way than is noted in Table 40.350.030-2.(1)    Stormwater Features. Stormwater low impact development features as found in the Clark County Stormwater Manual are allowed with approval from the Public Works Director. Stormwater features shall be designed and constructed to ensure adequate public safety. Right-of-way in excess of that required in Table 40.350.030-2 may be needed to accommodate stormwater features.(a)    Permeable Pavement. Permeable pavement may be used for the following:(i)    Sidewalks and separated bike lanes on all road classifications;(ii)    Parking and nonseparated bike lanes of all urban access roads, including neighborhood circulators; and(iii)    Travel lanes of all urban access roads except neighborhood circulators.(iv)    Prior to acceptance of permeable pavement surfaces by the county, the applicant shall sign a Permeable Pavement Testing and Acceptance Agreement in a form acceptable by the Public Works Director.(b)    Infiltration Systems. Infiltration systems such as bioretention systems, rain gardens and infiltration planters are subject to the following limitations:(i)    Infiltration from stormwater features shall not threaten the safety or integrity of underground utilities. The Public Works Director shall require that infiltration features located in close proximity to utilities be designed to accommodate the utilities;(ii)    Infiltration from stormwater features shall not adversely affect the function and integrity of the core road.(2)    On-Street Parking. Where required, on-street parking shall be subject to the following:(a)    Angled “head-in” parking may be allowed with approval of the Public Works Director; provided, that backing over sidewalks or bicycle lanes is prohibited;(b)    Curb extensions containing bioretention facilities are allowed in parking lanes subject to the following:(i)    Curb extensions shall not extend more than seven (7) feet into the parking lane, and shall not interrupt required bike lanes.(ii)    On commercial/industrial roads, the length of mid-block curb extensions is limited to twenty percent (20%) of the curb length of a block, or in the case of a partial block development, the road frontage of the site.(iii)    Mid-block curb extensions are prohibited on arterials, collectors and storefront roads.(iv)    Mid-block curb extensions on all urban access roads, including neighborhood circulators, are allowed with restrictions in residential subdivisions under one (1) of the following options:[a] Curb extensions can occupy up to ten percent (10%) of the curb length of a block, or in the case of a partial block development, the road frontage of the site;[b] Curb extensions can occupy up to twenty-five percent (25%) of the curb length of a block, or in the case of a partial block development, the road frontage of the site; provided, that the applicant demonstrates on the plat that fifty (50) foot long two (2) way passing opportunities are provided at one hundred fifty (150) foot maximum intervals along the roadway for urban local access roads. Acceptable methods include the use of abutting driveways, twenty (20) foot wide travel-way clear zones, or other methods as may be approved by the Public Works Director; or[c] Curb extensions can occupy more than twenty-five percent (25%) of the block length; provided, that the applicant demonstrates on the plat that at least one (1) on-street parking space per lot is maintained. Single on-street parallel parking spaces between driveways shall be at least seventeen (17) feet in length, measured from five (5) feet from the top of the slope of the driveway wing or end of the curb radius. Two (2) or more consecutive on-street parallel parking spaces shall require two (2) additional feet between each space.(v)    Curb extensions up to fifty (50) feet long are allowed at intersections of local access roads and short cul-de-sacs, or combinations thereof. Curb extensions at intersections may be required for storefront streets, subject to Section 9.1.2 of the Highway 99 Overlay District Standards in Appendix F to Title 40, or for mixed-use developments. Such extensions shall not count toward the mid-block percentage requirements in this subsection. Approval of such curb extensions shall require demonstration of adequate vehicular turning movement capability.(vi)    Measurements. The length of mid-block curb extensions shall be measured between the tangents of the standard curb. The length of curb extensions at intersections shall be measured between the tangent of the standard curb and the face of the curb of the intersecting street. “Block length” is the distance between road intersections as measured along the nearside right-of-way or easement line.(3)    Bike Lanes. Bike lanes, when required by the road classification, are subject to the following:(a)    Bike lanes may abut travel lanes or be located outside of the curb line, depending on the feasibility of existing and future connections.(b)    When combined with pedestrian paths, the combined width shall be a minimum of ten (10) feet wide.(c)    Bike lanes shall be continuous through a development, i.e., cannot be interrupted by curb extensions or other features.(4)    Sidewalks. Sidewalks shall be provided on both sides of all public streets in urban areas and within rural centers, subject to the following:(a)    Attached and detached sidewalk widths shall be as noted in Table 40.350.030-2.(b)    When combined with bike lanes, the combined width shall be at least ten (10) feet.(c)    Sidewalks shall be continuous through a development, i.e., cannot be interrupted by curb extensions or other features.(d)    Other than for sidewalks in rural center zones where the standard right-of-way dedication is insufficient, sidewalks may be allowed within easements only where it is demonstrated that such sidewalks cannot be located within the established public right-of-way or private roadway tract due to natural features (e.g., significant trees, rock outcroppings, steep topography, etc.) that should be preserved, or irregular lot configuration.(5)    Utilities. For new developments, the Public Works Director shall require that underground utilities be designed to accommodate infiltration features that are in close proximity to the utilities.(6)    Curb and gutter, when required, shall be a minimum of eighteen (18) inches wide. When curbs are required, vertical curb is required for all roads except for cul-de-sac bulbs.1 IMP = Impervious pavement; P = Permeable pavement. Permeable pavement, when noted, is allowed, but not required. See Section 40.350.030(B)(3)(b)(1)(a) for additional details regarding bike and parking lane surfacing requirements.2 Permanent medians fourteen (14) feet wide or greater may be raised or include stormwater LID features subject to Section 40.350.030(B)(3)(a)(2). Twelve (12) foot wide medians may include turn lanes. Turn lanes shall be impervious pavement.3 Shoulders may be widened for short distances where guardrail is planned. Parking limited to urban collectors (two (2) lanes).4 Sidewalk width may be reduced to five (5) feet if detached.5 Short cul-de-sac minimum R/W is thirty-five (35) foot radius with a constructed thirty (30) foot radius.6 Twenty (20) foot unobstructed width.7 In rural centers, additional R/W or public easements for sidewalks may be required.8 In rural centers, sidewalks and eighteen (18) inch curb and gutter required. Detached sidewalks shall be at least five (5) feet wide; attached sidewalks shall be at least eight (8) feet wide.9 In rural centers, additional R/W or public easements for walkways or ditches may be required.10 Within the “urban reserve” areas of the county, the right-of-way shall be fifty-four (54) feet.11 In rural centers, detached, at-grade paved (concrete or asphalt) walkways, at least five (5) feet wide, are required. Public streets shall require walkways on both sides of the street. Private streets shall require walkways on at least one (1) side.(Amended: Ord. 2012-05-14; Ord. 2014-01-08; Ord. 2019-11-05)1 May be steeper for short distances where permitted by AASHTO Guidelines.2 Intersection of two (2) different street classifications shall use the larger intersection radius.3 Must meet state standards if intersecting state roads.4 Storefront streets may require curb extensions at intersections subject to Section 9.1.2 of the Highway 99 Overlay Standards, or for mixed-use developments.5 Except for where the curve is between eighty (80) to one hundred ten (110) degrees, a minimum thirty-five (35) foot radius may be used.6 Design speed for rural private road may be reduced to twenty (20) miles per hour without road modification if topography imposes severe restriction and has approval from the County Engineer.7 Forty-five (45) foot radius will be required on roads where truck/transit will use, and there is only one (1) lane of traffic(Amended: Ord. 2012-05-14; Ord. 2016-09-04; Ord. 2019-11-05)4.    Access Management.a.     Applicability. As noted in Section 40.350.030(A)(2), this subsection also applies to applications for building permits and applications for access to public roads. Additionally, paving of driveways in the urban and rural areas shall follow the requirements of Section 40.350.030(B)(7)(c).b.    Access to Local Access Roads.(1)    Driveway Spacing.(a)    Excepting the bulbs of cul-de-sacs, driveways providing access onto nonarterial and noncollector streets serving single-family or duplex residential structures shall be located a minimum of five (5) feet from an interior side property line or zero (0) feet as a shared driveway approach. Where two (2) driveways are permitted, a minimum separation of fifty (50) feet shall be required between the driveways, measured from near edge to near edge.(b)    Corner lot driveways shall be a minimum of forty (40) feet from the projected curb line or edge of pavement, as measured to the nearest edge of the driveway, or in cases where this may be impractical, the driveway may be limited to twenty (20) feet in width and located five (5) feet from the property line away from the intersection or as a twenty-five (25) foot wide shared driveway at this property line. Where a residential corner lot is located at the intersection of a nonarterial or noncollector street with an arterial street, the corner clearance requirements of Section 40.350.030(B)(4)(c)(2)(f) shall apply to the nonarterial or noncollector street.(c)    Existing flag lots and joint driveways serving between two (2) and four (4) lots are exempt from the requirements of this subsection.(d)    Nonresidential driveways are prohibited from taking access from an urban access road as defined in Table 40.350.030-2 unless no access exists or can be provided to a collector.(2)    Driveway Number and Width. A maximum of two (2) driveways may be permitted to a residential lot or individual duplex unit meeting the spacing requirements of Section 40.350.030(B)(4)(b). Joint-use driveways may be allowed and will count as a driveway for each residential lot or duplex unit. For a joint-use driveway, a minimum of a twenty (20) foot wide easement is required. Driveways shall have a minimum width of twelve (12) feet of clear, unobstructed all-weather driving surface and an overhead clearance of thirteen (13) feet, six (6) inches. The first, or only, driveway shall be twelve (12) feet to thirty-five (35) feet in width. If a second driveway is allowed, the maximum width of the second driveway will be fifteen (15) feet.(3)    Driveway Length.(a)    All portions of shared driveways off of short cul-de-sac roads shall be within three hundred (300) feet of the intersection of the short cul-de-sac with a higher classified road as measured to the intersecting street’s face of curb; provided, that such driveways are subject to Fire Marshal approval.(b)    All new modified or extended driveways longer than three hundred (300) feet shall be provided with an approved turnaround at the terminus. There shall also be approved turnouts constructed such that the maximum distance from turnout to turnout, or from turnout to turnarounds, does not exceed five hundred (500) feet. Turnouts shall comply with the Standard Details Manual. Construction of roads and driveways within the wild land urban interface/intermix area shall conform to Section 15.13.030.(4)    Maximum Dwelling Units Served by Access Roads.(a)    No road may serve more than one hundred (100) lots or dwelling units unless that road is connected by a second vehicle access road to the same “feeder” road at a different location, or to another “feeder” road that functions at a level equal to at least an urban local residential access road or a rural local access road. The second vehicle access road may be a county emergency-only access road, if it serves less than two hundred (200) lots or dwelling units.    The second access may be satisfied through the use of an existing roadway network in the existing adjacent neighborhood if:(i)    An existing road was previously stubbed indicating intent for future access; or(ii)    An easement has been dedicated specifically for such purpose, and a roadway has been built to county standards or will be constructed with the development to county standards.    In either case, the increase in traffic volume on the existing roadway network must not cause the traffic volume to exceed the design volume of the existing roadway network.(b)    Urban neighborhood circulator roads within a development which meet the access requirements above may serve up to three hundred (300) lots or units if approved by the review authority. However, the review authority may require a traffic circulation study showing a balanced traffic flow of less than two thousand (2,000) vehicles per day past any dwelling unit accessing on a neighborhood circulator road or lesser classification upon full buildout.(c)    When required emergency or regular secondary access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the County Fire Marshal may require additional fire protection as specified in Title 15.(d)    The standards contained in Section 40.350.030(B)(4)(b)(4) are waived in their entirety for developments in rural areas.(5)    Exceptions.(a)    The review authority may grant an exception to the requirements of Section 40.350.030(B)(4)(b)(3) to extend the maximum distance between turnouts/turnarounds or allow other appropriate relief where it is impractical or excessively costly to meet these requirements due to topography, sensitive areas, natural features, or where application of these standards would be disproportional.(b)    The review authority may grant an exception to the requirements of Section 40.350.030(B)(4)(b)(4)(a) in the case of a subdivision with more than one (1) phase, when it can be shown that the other necessary access roads will be constructed in a future phase of the same subdivision. Street stubs built to the property line of property not under the developer’s control do not qualify for such an exception.c.    Access to Collectors.(1)    In order to limit the number of residential roads intersecting with collectors while providing adequate neighborhood circulation, residential roads intersecting with collectors shall be classified and constructed to standards applicable to local residential access roads unless the review authority finds that a lesser classification adequately provides for the circulation needs of the surrounding area. Road approach permits not associated with development shall be reviewed using a Type I process.(2)    Driveways.(a)    Urban Collectors. No residential driveways in the urban area will be permitted to access collectors unless no other access to the site exists or can be made available.(b)    Rural Collectors. Residential driveways in the rural area will not be permitted to access collectors if direct lot access is available to an existing rural access road as defined in Tables 40.350.030-2 and 40.350.030-3.(c)    Spacing. When driveways on collectors are permitted, they shall be spaced in accordance with Table 40.350.030-4. The distance between adjacent one (1) way driveways with the inbound drive upstream from the outbound drive may be one-half (1/2) the distance shown. Where raised channelization exists, only those driveways on the development side of the road will be considered for minimum separation requirements.(d)    Number of Driveways. The number of driveways and driveway lanes shall be based upon an estimate of site traffic generation in accordance with Table 40.350.030-5. Multiple driveways are not permitted until the estimated ADT exceeds the number shown in the second column for the different types of land use. Then, an additional driveway is allowed each time the estimated ADT increases above the previous maximum ADT for each driveway as shown in the third column; provided, that the additional driveways meet the spacing requirements specified in Table 40.350.030-4. Two (2) driveway exit lanes are allowed when the ADT exceeds seven hundred (700).(e)    Width. A single-family residential driveway onto a collector shall be fifteen (15) to thirty-five (35) feet in width; provided, that a joint-use driveway serving two (2) residential lots shall not exceed thirty-six (36) feet in width. A nonresidential two (2) way driveway onto a collector shall be twenty-four (24) to forty (40) feet in width.(f)    Corner Clearance. To provide adequate corner clearance, the tangent curb length between the nearest edge of a driveway on an intersecting side street and a collector roadway, or a driveway on a collector roadway and an intersection with a cross street, shall be fifty (50) feet. Where the intersection is signalized or is planned for signalization, driveways shall be limited to right-turn movements if located within one hundred twenty-five (125) feet of a collector or as provided for in Section 40.350.030(B)(4)(d)(2).(g)    Temporary Driveway. A temporary driveway may be allowed when, due to conditions beyond the control of the applicant, minimum driveway separation cannot be achieved at the time of application. The review authority may approve a temporary driveway when an access plan shows future removal of the temporary driveway and a new driveway which meets the spacing standards shown above.(3)    Additional Improvements. The installation of other improvements such as left-turn lanes, right-turn lanes and traffic signals may be required by the County Engineer where found necessary on the basis of a traffic engineering study. The study shall address operations of the driveway or intersection, including the adequacy of vehicular turning movements.d.    Access to Arterials. In order to limit the number of residential roads intersecting with arterials while providing adequate neighborhood circulation, residential roads intersecting with urban arterials shall be classified and constructed to standards applicable to local residential access or collector roads unless the review authority finds that a lesser classification adequately provides for the circulation needs of the surrounding area. In those cases in which an urban access street is less than thirty-six (36) feet wide, such street shall have a minimum width of thirty-six (36) feet at the intersection with the arterial and shall be tapered according to accepted engineering practices and supplemental standards in Section 40.350.030(C)(1)(b) as determined by the Public Works Director. Road approach permits not associated with development shall be reviewed using a Type I process.(1)    Driveways. No driveways will be permitted to access onto urban or rural arterials unless no other access to the site exists or can be provided.(a)    Spacing. When driveways on arterials are permitted, they shall be spaced in accordance with Table 40.350.030-4.(b)    Number of Driveways. Where permitted, the number of driveways and driveway lanes on arterials shall be based upon an estimate of site traffic generation in accordance with Table 40.350.030-6.(i)    Multiple driveways are not permitted until the estimated ADT exceeds the number shown in the second column for the different type of land use. Then, an additional driveway is allowed each time the estimated ADT increases above the previous maximum ADT for each driveway as shown in the columns for minor arterials and principal arterials; provided, that the additional driveways meet the spacing requirements specified in Table 40.350.030-4. As an example, a commercial land use on a minor arterial has one (1) driveway up to two thousand (2,000) ADT, then two (2) driveways for two thousand one (2,001) to five thousand five hundred (5,500) ADT, three (3) driveways for five thousand five hundred one (5,501) to nine thousand (9,000) ADT, and so on.(ii)    A permit for exclusive use of a truck driveway in addition to the nontruck traffic may be granted for commercial uses that exceed thirty thousand (30,000) square feet of gross floor space.(iii)    Two (2) driveway exit lanes are allowed when the ADT exceeds one thousand (1,000).(c)    Width. A single-family residential driveway onto an urban arterial shall be fifteen (15) to thirty-five (35) feet in width; provided, that a joint-use driveway serving two (2) residential lots shall not exceed thirty-six (36) feet in width. A commercial and multifamily two (2) way driveway onto an arterial shall be twenty-four (24) to forty (40) feet in width.(d)    Corner Clearance. To provide adequate corner clearance, the tangent curb length between the nearest edge of a driveway on an intersecting side street and an arterial roadway, or a driveway on an arterial roadway and an intersection with a cross street, shall be fifty (50) feet. Where the intersection is signalized or is planned for signalization, driveways shall be limited to right-turn movements if located within two hundred fifty (250) feet on minor and principal arterials or as provided for in Section 40.350.030(B)(4)(d)(2).(e)    Temporary Driveway. A temporary driveway may be allowed when, due to temporary conditions beyond the control of the applicant, minimum driveway separation cannot be achieved at the time of application. The review authority may approve a temporary driveway when an access plan shows future removal of the temporary driveway and a new driveway which meets the spacing standards shown above is assured to be constructed.(2)    Additional Improvements. The installation of other improvements such as left-turn lanes, right-turn lanes and traffic signals may be required by the County Engineer where found necessary on the basis of a traffic engineering study. The study shall address operations of the driveway or intersection, including the adequacy of vehicular turning movements.(3)    Medians and Channelization Policy. In order to preserve capacity and promote safety, urban arterials shall generally include raised medians to restrict cross traffic movements. In general, full-access intersections, signalized and nonsignalized, on arterials will be permitted only with other county, state and city roads as are designated on the Arterial Atlas, as amended. Circulation from such intersections in most cases will satisfy the access needs of adjacent land.    The County Engineer is solely responsible for decisions regarding the placement of raised medians on county roads. Any decision by the county that a raised median will not be installed on an arterial will require a specific determination by the County Engineer that (a) the roadway will operate safely without a raised median and (b) that the roadway will operate at the required capacity without a raised median. Other factors to be considered by the County Engineer include, but are not limited to, the traffic volumes and speeds on the roadway, the crash history on the roadway, roadway geometric factors and other characteristics, and the adequacy of sight lines and distances. Additionally, the number of fronting driveways, the traffic volumes on those driveways, the likely adverse impacts on fronting and other properties, the extent of access control along the arterial, and the number and location of other accesses available to those properties will be considered.    For commercial zones, raised medians will not be required on arterials where the average weekday traffic is projected to be less than twenty thousand (20,000) vehicles per day over the next five (5) year period and where the County Engineer makes the determination that the roadway will operate safely and without operational problems.e.    Access to State Routes. If the access serving a development is onto a state road or highway, required dedication and/or improvements thereto must meet the requirements of the Washington Department of Transportation.(Amended: Ord. 2007-09-13; Ord. 2012-05-14; Ord. 2019-11-05)(Amended: Ord. 2007-09-13; Ord. 2012-05-14; Ord. 2019-11-05)(Amended: Ord. 2007-09-13; Ord. 2012-05-14; Ord. 2012-12-14; Ord. 2019-11-05)5.    Frontage Roads/Improvement.a.    General Requirement. Unless already fully developed to the transportation standards and subject to the limitations set forth in this section and in Sections 40.350.030(B)(15) and 40.550.010, a partial-width road shall be established and constructed to the applicable right-of-way or easement and improvement standards set out in Section 40.350.030 to that portion of a frontage public or private road which abuts a parcel being developed as a condition of development approval.(1)    The right-of-way or easement width shall be a minimum of one-half (1/2) of that specified in Tables 40.350.030-2 and 40.350.030-3; provided, that such minimum width may be increased where necessary to accommodate the minimum roadway improvement provided below to allow a minimum three (3) feet of right-of-way beyond the back of the sidewalk for urban public roads unless the sidewalk is detached from the curb with sufficient room to provide for utilities and signing, or for needed construction clearance, slopes or other features.    In the case of a development containing an urban arterial or fronting on an urban arterial street, the developer shall only be required to construct improvements up to forty-four (44) feet in width, or twenty-two (22) feet on a partial-width frontage, together with curbs and sidewalks, unless a wider section is necessary to accommodate the development.    Sufficient right-of-way and easement for a partial-width road must be provided to accommodate all necessary appurtenances required for construction including, but not limited to, approved cut or fill slopes or retaining structures if needed. If sufficient right-of-way is not available, slope easements from neighboring properties are an acceptable alternative. Such easements shall be recorded with the final plat. The county may require the proposed road cross-sections showing neighboring topography be submitted in order to determine if the partial-width road can be constructed as required.(2)    Partial-width roadways shall be a minimum of twenty (20) feet wide; provided, that curb extensions, when allowed under Section 40.350.030(B)(3)(b)(2)(b)(iv)(c), may reduce the minimum traveled way width on urban local roads to no less than sixteen (16) feet.(3)    New partial-width roads will be allowed in commercial, office or industrial developments only after a traffic study verifies the adequacy of the roadway for clearance and turning movements.(4)    Where physical obstructions or development constraints preclude or limit full completion of the frontage road on the abutting property, the partial-width roads may be allowed.(5)    Parking shall be prohibited along partial-width roads, with signs and pavement markings being the responsibility of the developer unless the partial-width road is at least twenty-four (24) feet wide to provide a clear sixteen (16) foot wide traveled way in addition to an eight (8) foot wide parking lane.(6)    Where frontage improvements are required, the county will perform pavement deflection testing to determine the adequacy of the existing pavement. Where remaining life of the pavement is less than five (5) years, the developer shall construct the roadway to current standards to the centerline or twenty-two (22) feet, whichever is less. If remaining life is greater than five (5) years, the road shall be cut back to a location where the structure is sound and the widening constructed. However, in no case shall the reconstruction be less than four (4) feet in width from the existing edge of pavement to the new edge of pavement or face of curb. The county may require reconstruction to the centerline or twenty-two (22) feet, whichever is less, if the review authority determines the geometrics or other existing features are inadequate.b.    Exceptions.(1)    The right-of-way and easement requirements of Section 40.350.030(B)(5)(a) shall not apply to the construction, remodeling or enlargement of any Group R-Division 3 (single-family or duplex) or Group U occupancy (as defined in the International Building Code), to the construction of any accessory residential structure, to any sign, or to the structural addition, alteration or repair to any existing structure within any twelve (12) month period which neither exceeds twenty-five percent (25%) of the value of the existing structure nor increases the total floor space of the structure by more than ten percent (10%).(2)    The roadway frontage improvement requirements of Section 40.350.030(B)(5)(a) shall not apply to:(a)    Rural developments not located within rural centers; or(b)    Urban or rural center developments which the County Engineer finds, based upon an engineering traffic study, will not result in an increase of total site trip generations during the p.m. peak hour of more than ten percent (10%); provided, that such otherwise exempt developments shall be required to make intersection and sight distance improvements in accordance with Sections 40.350.030(B)(7) and (8) and such frontage road improvements as are necessary in order to provide minimally safe access to the development.c.    Deferral.(1)    In the event that required frontage road improvements are included as a portion of a county road project on the county’s six (6) year transportation improvement program scheduled to be undertaken within six (6) years, the developer, in lieu of constructing or guaranteeing the construction pursuant to Section 40.350.030(C)(4)(i) of such frontage improvements, may be permitted to contribute a proportionate share towards the cost of such county road project by an agreement consistent with the requirements of RCW 82.02.020.(2)    The development approval authority may defer frontage road improvements, in whole or in part, where the current development proposal is for multiple lots in the R1-5, R1-6, R1-7.5, R1-10 or R1-20 zoning districts larger than one (1) acre and a covenant running with the land is recorded requiring such improvements to be undertaken when redivision is proposed at an urban density.(3)    The development approval authority may defer frontage road improvements, in whole or in part, where the development proposal is located in a rural center, and a covenant running with the land is recorded requiring the owner to contribute their share to a larger road or frontage improvement project when undertaken by the county. For the purposes of this subsection, “share” of the cost of deferred frontage improvements includes the then-current cost of engineering and frontage improvements required at preliminary development approval divided by the number of lots. Deferrals of improvements under this subsection may be denied when:(a)    Conditions are, or will be caused to be, inadequate to provide a minimum level of service as specified in Section 40.350.020; or(b)    A significant traffic or safety hazard would be caused or materially aggravated by the proposed development; or(c)    The development must provide safe walking conditions per RCW 58.17.110.6.    Off-Site Road Improvement.a.    General. Nothing in this section shall be construed to preclude denial of a proposed development where off-site road conditions are inadequate to provide a minimum level of service as specified in Section 40.350.020 or a significant traffic or safety hazard would be caused or materially aggravated by the proposed development; provided, that the applicant may voluntarily agree to mitigate such direct impacts in accordance with the provisions of RCW 82.02.020.b.    Requirements for Off-Site Access Road Improvements. All roads providing access to parcels being developed, whether such roads are to be public or private, shall at a minimum:(1)    Within the urban area, have an unobstructed and paved roadway width of twenty (20) feet, or eighteen (18) feet of pavement with one (1) foot wide shoulders. Any preexisting roadway narrower than eighteen (18) feet with one (1) foot shoulders shall be widened to the full twenty (20) foot standard. Those portions of a roadway reduced in width due to curb extensions allowed under Section 40.350.030(B)(5)(a)(2) are not required to meet the above requirement, provided a minimum of sixteen (16) feet of pavement is provided.(2)    Within the rural area, off-site public access roads shall meet the same standards as Section 40.350.030(B)(6)(b)(1). Off-site private access roads are not required to be paved but shall have an all-weather driving surface, with an unobstructed roadway width of twenty (20) feet; except in those cases where the preexisting road is eighteen (18) feet wide, additional widening to twenty (20) feet is not necessary. Any preexisting roadway narrower than eighteen (18) feet shall be widened to the full twenty (20) foot standard.(3)    Have an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (13’ 6").(4)    Notwithstanding the foregoing, roads providing access to legal lots created prior to July 9, 1996, being developed with a Group R-Division 3 structure or residential mobile home, may be constructed with a minimum twelve (12) foot wide unobstructed all-weather driving surface.(5)    Off-site private roads providing access to lots being developed shall have a minimum easement partial width of twenty-five (25) feet from such lot to a public road.c.    Requirements for Off-Site Intersection Improvement. The owners of a parcel being developed shall enter into a signal participation agreement to contribute a proportionate share towards the cost of a traffic signal when:(1)    An intersection impacted by the proposed development is designated by the county for installation of a traffic signal; and(2)    The parcel being developed is not located within a traffic impact fee (TIF) service area; and(3)    During the peak hour, the development generates a minimum of three percent (3%) increase of traffic on the intersection approach leg impacted by the development, or five (5) trips on a minor leg (those legs of the intersection that have the smaller approach volume), or twenty (20) trips on a major leg (those legs of the intersection that have the larger approach volumes); and(4)    The peak hour level of service at the leg of the intersection impacted by the site-generated traffic is at or will fall below the minimum level of service standard for that intersection as defined in Section 40.350.020.7.    Intersection Design.a.    Intersection Geometry. Private and public roads shall be laid out so as to intersect at an angle as near to a right angle as practicable, but in no case less than seventy-five (75) degrees for roads intersecting collectors and arterials and no less than sixty (60) degrees for access roads, unless modified pursuant to Section 40.550.010. Opposing roads accessing an intersection shall either be aligned or will be separated by a minimum intersection spacing, as specified in Table 40.350.030-3. Depending on the width of the intersection opening, an offset greater than ten (10) feet for access roads or five (5) feet for collectors and arterials is not allowed.b.    Intersection Right-of-Way. Intersections shall have a minimum corner radius of ten (10) feet along the right-of-way lines for access roads and a minimum corner radius of twenty-five (25) feet along the right-of-way lines for collectors and arterials, unless road improvements require a greater radius.    On collectors and arterials, the dedication of right-of-way on corners shall include the chord of the radius. The county will accept an easement for this chord instead of dedication of right-of-way. For arterials intersecting with other arterials, an additional six (6) feet of right-of-way may be required on both sides of the roadway if a future turning lane is required, based on transportation impact study, within twenty (20) years from the time an application is submitted. The length of the additional right-of-way shall be determined based on the transportation impact study.c.    Paving of Intersecting Area. Where connecting to a paved street, whether public or private, the connecting road or driveway (excluding driveways in rural area) shall be paved twenty-five (25) feet back from the nearest edge of the traveled lane, or shall be equal to the minimum intersection radii as specified in Table 40.350.030-3, whichever is greater.    Driveways in rural areas connecting with paved public roads shall be paved from the edge of the public road to the right-of-way or to twenty (20) feet from the edge, whichever is greater.    Rural paving shall be done in accordance with the equivalent base structural requirements of the gravel road section as noted in the Standard Details Manual.8.    Sight Distances. As noted in subsection (A)(2) of this section, this subsection also applies to applications for building permits and applications for access to public roads. Unless modified pursuant to Section 40.550.010, public and private roads shall comply with the following sight distance requirements:a.    Stopping Sight Distance. Intersection sight distance and stopping sight distance values are based on the default assumption of level grades, normally intersecting roadways, and with passenger cars as the design vehicle. When deviating from the default assumptions, the engineer shall take the roadway grades, intersection skew, and design vehicle classification into consideration when calculating the required intersection sight distance and/or stopping sight distance.    Public roads shall have minimum stopping sight distance, as measured from a height of three and one-half (3 1/2) feet to a target on the roadway nominally two (2) feet in height, in accordance with Table 40.350.030-7. The effect of grades on stopping sight distance shall be calculated using the most current version of the Washington State Department of Transportation’s Design Manual.    For unposted roadways, the legal maximum speed limit shall be fifty (50) miles per hour per the “basic rule” under RCW 46.61.400.(Amended: Ord. 2012-05-14; Ord. 2014-01-08; Ord. 2019-11-05)b.    Controlled Intersection and Driveway Sight Distance Triangle. Traffic entering an uncontrolled public road from stop-controlled public roads, or from private roads or private driveways, shall have minimum intersection sight distances, as shown in Table 40.350.030-8. Sight distance shall be measured from an eye height of three and one-half (3 1/2) feet above the controlled road pavement surface and fifteen (15) feet from the edge of the vehicle traveled way of the uncontrolled public road. The object height on the uncontrolled public road shall be three and one-half (3 1/2) feet above the pavement surface located four (4) feet to the right of the striped or assumed centerline of the roadway. For multilane highways, the object on the uncontrolled roadway shall be located on the approach lane closest to the controlled side street. Sight distance triangles shall be clear of all obstructions, including, but not limited to, landscaping, fences, structures and earth berms between the heights of three (3) and eight and one-half (8 1/2) feet, as measured from the pavement surface.(Amended: Ord. 2012-05-14; Ord. 2014-01-08; Ord. 2019-11-05)c.    Yield-Controlled Intersections. For roads with a posted speed of twenty-five (25) mph or less, traffic entering an uncontrolled public road from a yield-controlled public road shall have minimum intersection sight distance of two hundred fifty (250) feet. The intersection sight distance shall be measured at one hundred thirty (130) feet back on the yield-controlled approach from the line that is four (4) feet from the uncontrolled roadway center, in drivers’ direction, for both approaches.d.    Uncontrolled Intersections. Uncontrolled intersections for access roads in urban and rural areas with a posted speed limit of twenty-five (25) mph or less shall have an unobstructed intersection sight distance triangle per Section 40.350.030(B)(8)(b) of one hundred (100) feet on both approaches. This requirement may be reduced to eighty (80) feet for intersections abutting corner lots in an urban residential subdivision. The intersection sight distance shall be measured along the lines four (4) feet from the roadway center, in drivers’ direction, for both approaches.e.    New Urban and Rural Residential Driveways. New urban and rural residential driveways accessing roads with a speed limit of over twenty-five (25) mph are subject to Table 40.350.030-8.9.    Street Extensions.a.    General Requirements. Where a public or private road has been constructed, created or stubbed in such a manner as to be able to be extended or widened in accordance with the Clark County Arterial Atlas, other requirements of this section, or prior approved development, the following shall apply:(1)    Connection with Adjacent Areas. All residences, buildings or structures shall be constructed in such a position on the property that they will not interfere with the extension or widening of the roadway to adjacent areas and shall be so situated that such extension will make orderly and planned development for additional road installations to meet the reasonable minimum requirements of good and safe traffic circulation, consistent with applicable zoning setbacks.(2)    Right-of-Way for Street Extensions. Right-of-way or private easements necessary to such extension or widening and falling within parcels being developed shall be granted or created as a condition of development approval.b.    Urban Developments.(1)    Provisions for Future Extensions. Any street within the urban area for which an extension in the future is planned shall be extended to the edge of the property being developed through the plat, short plat or site plan approval process, unless otherwise approved by the review authority. The street stub shall be a full street section, including sidewalks.(2)    Use of Temporary Turnaround. If a road serving more than eighteen (18) dwelling units or more than one hundred fifty (150) feet in length temporarily terminates at a property boundary, a temporary turnaround cul-de-sac bulb consistent with this standard shall be constructed near the plat boundary. The bulb shall be paved and shall be eighty (80) feet in diameter, which may include the width of the roadway with sidewalks, where required, terminating at the point where the bulb radius begins. Removal of the temporary turnaround and extension of the sidewalk shall be the responsibility of the developer who extends the road (see the Standard Details Manual). The easement for a temporary turnaround may be extinguished without county approval after the temporary turnaround is determined to be no longer necessary by the county.(3)    Barricades. For placement of temporary and permanent barricades, see Section 40.350.030(C)(4)(f).c.    Rural Developments. For any road in the rural area for which an extension is planned, the right-of-way falling within parcels being developed shall be dedicated where the existing platting pattern, the development under review and the potential for development of adjacent lots demonstrate a need for the dedication.10.     Private Roads.a.    Purpose. The purpose of private road standards is to provide an option to retain rural character, reduce costs to serve large rural lots, and allow more control, security, and sense of identity when public roads are not needed for public circulation.    For private road maintenance agreement, private road inspection, and developer maintenance obligation for private roads, see Section 40.350.030(C)(4)(g).b.    Approval Criteria and Requirements.(1)    Approval Criteria – General. Private roads are not allowed in either the urban or rural area:(a)    When they conflict with the Arterial Atlas, as amended; or(b)    When they are needed for public circulation; or(c)    When they connect two (2) public roads (except for commercial or industrial uses in urban areas); or(d)    When they are to serve more than fifty (50) potential residential lots in rural areas or one hundred (100) lots in urban areas, created after April 12, 1994, except within a planned unit development; provided, that where expansion of a public road is not presently feasible, the limitations of this subsection shall not apply if the affected internal and frontage roads are improved to public standards (if otherwise required) and dedicated to the county, with the acceptance of such dedication(s) being deferred until extension of a public road allows connection.(2)    Additional Requirements for Urban Private Roads. Private roads within developments may be allowed, provided they meet the following additional criteria:(a)    Structural sections shall be the same as for public roads of equivalent classification;(b)    A pedestrian access plan shall be approved;(c)    Internal traffic calming measures or devices such as speed humps or traffic circles may be required.c.    Notice. The following statement is required on the face of any site plan, or binding site plan, or within the Developer Covenants to Clark County for any subdivision or short plat containing a private road:    Clark County has no responsibility to improve or maintain the private roads contained within or private roads providing access to the property described in this development. Any private access street shall remain a private street unless it is upgraded to public street standards at the expense of the developer or abutting lot owners to include hard surface paving and is accepted by the county for public ownership and maintenance.d.    Private bridges are addressed in Section 40.350.040.11.    Joint Driveways. A maximum of four (4) legal lots may use a joint driveway to access a public or private road.12.    Cul-de-Sacs and Turnarounds.a.    Cul-de-Sacs.(1)    Short Cul-de-Sacs. The minimum right-of-way diameter across the bulb section is seventy (70) feet, with a minimum pavement diameter across the bulb section of sixty (60) feet. Rolled curb and gutter and thickened sidewalk shall be constructed in accordance with the Standard Details Manual.(2)    Whenever a residential urban cul-de-sac street is more than one hundred fifty (150) feet long, a bulb or hammerhead shall be constructed as follows:(a)    Standard Cul-de-Sac Turnarounds. The minimum right-of-way diameter across the bulb section is one hundred (100) feet, with a minimum pavement diameter across the bulb of ninety (90) feet. Alternatively, right-of-way may be reduced to eighty (80) feet, with a paved diameter across the bulb of seventy (70) feet, provided rolled curb and gutter with thickened sidewalk is constructed in accordance with the Standard Details Manual.(b)    Temporary Cul-de-Sacs. Temporary cul-de-sacs shall provide at minimum paved diameter of eighty (80) feet for the bulb. Those portions of the bulb area lying outside the straight-street right-of-way shall be provided as a temporary easement pending extension of the street.(c)    Urban Cul-de-Sac or Eyebrow Island. Optional feature for any cul-de-sac when the bulb’s paved diameter is ninety (90) feet or less; mandatory when the bulb’s paved diameter exceeds ninety (90) feet. If provided, islands shall have full-depth vertical curbs. Minimum island diameter shall be twenty (20) feet and there shall be at least twenty-two (22) feet of paved traveled way in a shoulder type section; thirty (30) feet of paved traveled way in a curb type section around the circumference. Islands shall be grassed or landscaped. Islands shall be maintained by the adjoining lot owners. Islands are required on eyebrows with a radius greater than thirty (30) feet. The minimum island diameter shall be ten (10) feet.(3)    In the urban and urban holding areas of the county, a permanent cul-de-sac shall not be longer than six hundred (600) feet measured from curb line of intersecting street to the center of the bulb section. Proposed modifications to this rule will be considered by the review authority, based on pertinent traffic planning factors such as topography, sensitive areas and existing development.(4)    In the rural area of the county, there is no limitation to the length of a dead-end road or cul-de-sac; provided, however, that approved turnarounds on roads greater than one-half (1/2) mile long are provided every one thousand three hundred twenty (1,320) feet or as close to that distance as practical considering topography, natural features and existing manmade structures. Approved turnarounds may include cul-de-sacs, which may include the width of the roadway, intersecting public or private roads, hammerheads, or driveways meeting the dimensional requirements of a hammerhead. Within the wildland urban interface/intermix, approved turnarounds shall be provided every one thousand (1,000) feet. Dimensional requirements for all transportation-related features in this subsection are as drawn in the Standard Details Manual.    Notwithstanding the foregoing, the development approval authority may restrict the length of a dead-end road or cul-de-sac where it is clearly shown that either:(a)    There is a practical alternative design that results in significantly superior actual or potential road connectivity or emergency services accessibility; or(b)    The presence of unstable slopes, flood risk, or other road blockage hazard presents a significant potential for isolating a substantial area from emergency services.(5)    The review authority may require an off-street accessway or an emergency vehicle access to connect a cul-de-sac at its terminus with other streets, parks, schools, bus stops, or other pedestrian traffic generators, if the need exists for pedestrian and bike circulation.b.    Turnarounds.(1)    When four (4) or more lots are served on a private road greater than one hundred fifty (150) feet in length, an approved turnaround shall be provided at the end of the private road. Easements may be required to be expanded to accommodate turnaround requirements.(2)    Approved turnarounds may include cul-de-sacs with an approved diameter in accordance with the Standard Details Manual (which may include the width of the roadway, or hammerheads, intersecting public or private roads or any alternative design approved through the road modification process. Dimensional requirements for all transportation related features in this subsection are as drawn in the Standard Details Manual.(3)    For those areas identified as wildland urban interface/intermix, refer to Chapter 15.13 as amended.13.    Urban Neighborhood Traffic Management.a.    Purposes. Urban neighborhood traffic management is intended to manage traffic speeds within residential neighborhoods and to discourage external traffic cutting through residential neighborhoods.b.    Applicability. The provisions of this section shall apply only to access roads within a development in the R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, CR-1, CR-2, or MX zoning districts which meet one (1) of the following conditions:(1)    Projected average daily trip of greater than six hundred (600) and less than two thousand (2,000) motor vehicles and a sight distance in excess of six hundred (600) feet; or(2)    Determined by the County Engineer, not his or her designee, that traffic calming measures and/or traffic calming devices are warranted.    The review authority may waive the requirements of this section for Type I and Type II applications where the conditions listed above will not occur.c.    Standards and Requirements. If the condition in Section 40.350.030(B)(13)(b) occurs, traffic calming measures and/or traffic calming devices shall be required:(1)    Traffic Calming Measures. Traffic calming measures, such as “T” intersections, street trees, curvilinear streets, or entry treatments, shall be incorporated into the overall development design to manage traffic speeds.(2)    Traffic Calming Devices. Traffic calming devices, such as speed bumps/humps and the devices shown in the Standard Details Manual, or as approved by the review authority, shall be installed.14.    Urban Transit Circulation Standards. New residential, commercial and industrial developments shall be reviewed with the participation of C-TRAN invited during the development review process under Subtitle 40.5 to ensure appropriate design and integration of transit facilities into the development.15.    Right-of-Way Standards. Dedication of arterial right-of-way shall occur within developments in accordance with the transportation element of the comprehensive plan.a.    Public Roads. The minimum right-of-way and roadway widths for all public urban and rural roads shall be as shown on the design criteria detailed in Section 40.350.030(B)(3). Right-of-way widths, roadway widths and structural sections shall be consistent with projected traffic volumes planned for twenty (20) years from the time of design. Additional right-of-way or easement may be required where necessary to accommodate slopes, sight distance or other features necessary for maintenance or to enhance safety.b.    Urban Planned Unit and Multifamily Developments. When constructed, public roads shall be constructed according to the design criteria of Section 40.350.030(B)(3); provided, parking may be deleted when it is shown that four (4) non-tandem off-street parking spaces per unit are provided and distinct signs and markings show that no parking is permitted; and sidewalks along internal circulation roadways may be deleted by the review authority when it is shown that public walkways adequate for pedestrian circulation and meeting or exceeding the requirements of Section 40.350.015 are provided.c.    Commercial, Office Campus and Industrial Areas. When constructed, public roads shall be constructed according to the design criteria of Section 40.350.030(B)(3). The structure of the road shall be designed according to minor arterial standards.(Amended: Ord. 2004-06-11; Ord. 2005-04-12; Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2006-11-15; Ord. 2007-09-13; Ord. 2007-11-13; Ord. 2008-06-02; Ord. 2009-03-02; Ord. 2009-07-01; Ord. 2009-12-01; Ord. 2012-05-14; Ord. 2012-05-30; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-11-05; Ord. 2024-03-01)C.    Specifications for Design and Construction.1.    Transportation Standard Specifications.a.    Transportation Standards. The standards for Clark County roads and bridges, and all other construction within publicly owned rights-of-way, shall consist of:(1)    The current published edition of the Standard Specifications for Road, Bridge and Municipal Construction as published by the Washington Department of Transportation (WSDOT) and the American Public Works Association (APWA), referred to as standard specifications;(2)    The current Standard Plans for Road and Bridge Construction as published by WSDOT and APWA (referred to as standard plans); and(3)    The Standard Details Manual as defined in Section 40.100.070, and issued by the County Engineer, containing typical drawings to implement transportation, erosion control, drainage, and other engineering standards adopted in the Clark County Code.b.    Supplemental Standards. To implement the above standards, the following publications and their subsequent revisions are adopted and shall apply:(1)    The WSDOT Design Manual;(2)    The WSDOT Construction Manual;(3)    The WSDOT Hydraulics Manual;(4)    A Policy on Geometric Design of Highways and Streets prepared by the American Association of State Highway and Transportation Officials (AASHTO);(5)    The Washington State adopted Manual on Uniform Traffic Control Devices (MUTCD) prepared by the U.S. Department of Transportation, Federal Highway Administration;(6)    Chapter 40.386, Stormwater and Erosion Control;(7)    Chapter 51-304 WAC, state of Washington adoption of the Americans with Disabilities Act into the International Building Code; and(8)    The AASHTO LRFD Bridge Design Specifications, U.S. Customary Units, including its commentary (refer to Section 40.350.040, Private Bridges, for exceptions to this manual).c.    Conflict of Standards. In the event of conflict with any of the specifications, the County Engineer shall specify which of the supplemental specifications will apply.2.    Construction Plan Requirements for Transportation and Utility Improvements. The applicant shall submit to the responsible official plans and specifications for street and utility construction for the proposed development. The plans and specifications shall include a vicinity map, a plan and profile, special provisions, and reference to the standard specifications, including the typical sections.a.    The Plan. The plan shall include the road alignment at a scale of not less than one (1) inch to fifty (50) feet (where less detail is required, a scale of one (1) inch to one hundred (100) feet may be approved by the responsible official) showing centerline stationing on all intersecting streets, with bearings on centerlines; curve data on all horizontal curves; right-of-way; relevant topography; existing and proposed utility location; street names in the development and adjoining the development; typical roadway section showing placement of utilities; existing and proposed drainage and water quality appurtenances; sidewalk ramp locations; floodplain and wetland boundaries; signalization, channelization, striping and signing; sufficient topographic data adjacent to the site to identify cut and fill limits from the proposed improvements and such further data as may be required by the responsible official.b.    The Profile. The profile shall show the relevant original ground lines using the same stationing as in the plan, control elevations, grade line showing the proposed grades, vertical curves, all bench marks, the vertical datum, and such further information as may be reasonably required by the responsible official. For new streets, the relevant original ground lines will show the ground line at centerline at a minimum and also at the edges of the right-of-way if grade differences are significant (or alternatively, surveyed contour lines on the plan view). For an existing street, the applicant shall also show the ground line at the edge of pavement or face of curb, whichever is applicable. The profile lines for roads extending to the perimeter of any development shall be extended a minimum of three hundred (300) feet beyond the perimeter to include any change in contours which would affect the profile of the extension of the proposed road. If vertical control is available within one-half (1/2) mile of the project, the applicant shall use the National Geodetic Vertical Datum of 1929 (1947 adjustment) as a vertical datum. If county horizontal control, based on the North American Datum of 1983 (1991 adjustment) is available within one-half (1/2) mile of the project, the applicant shall make a tie to the grid bearing and coordinate of the datum.c.    Required Project Construction Notes. Any required construction notes shall be shown or referenced on the plans.d.    Format. The cover sheet of all plans shall include a statement identifying which standard specifications will apply to the project. Plan and profile may be shown on the same sheet with profiles shown on the bottom half of the sheet. Sheets shall measure twenty-two (22) to twenty-four (24) inches in height by thirty-four (34) to thirty-six (36) inches in length with a borderline of one and one-half (1 1/2) inches on the left side of the length of the sheet and one-half (1/2) inch on remaining sides. When more than two (2) plan sheets are used, an overall development layout shall be submitted showing the relationship of roads and utilities.(1)    A north arrow shall be shown on each plan view sheet of the plans and adjacent to any other drawing which is not oriented the same as other drawings on the sheet.(2)    Character size shall not be smaller than eight one-hundredths (0.08) inch high.(3)    All detail drawings shall be included in the drawings.(4)    A title block shall appear on each sheet of the plan set and shall be placed in the lower right-hand corner of the sheet, across the bottom edge of the sheet or across the right-hand edge of the sheet. The title block shall include the name of the project, the engineering firm, the sheet title and the owner, if not shown on the first sheet.3.    Transportation Design Specifications. The design criteria set out in Tables 40.350.030-2 and 40.350.030-3 are adopted as a portion of the Clark County Standard Specifications. Such criteria are applicable to roads located within and adjacent to a development. These criteria are intended for normal conditions. The responsible official may require higher standards for unusual site conditions.a.    Typical Roadway Section. The typical roadway section shall be as shown on the county standard plans. The roadway section used shall be detailed on the construction plans submitted for each new roadway or improvement to an existing roadway. Any deviation from the standard plans for typical cross-section will require a modification pursuant to Section 40.550.010(A).b.    Required Details. The typical section shall show the width of right-of-way, width of roadway, type and compacted depth of surfacing and paving materials, and such other dimensions as may be necessary or required. The location and width of sidewalks, walkways, curbs or curb and gutter shall also be shown, where applicable.c.    Surfacing – Depth Determination. The depth of surfacing and paving materials shall be determined from the standard plans. The depth to be used shall be determined from the functional use classification of the road to be improved and the AASHTO soil classification as shown in the Soil Survey of Clark County, Washington, published by the U.S. Department of Agriculture, Natural Resources Conservation Service. In the case where the applicant wishes to submit an alternative surfacing and paving depth design, the applicant shall provide a design to support the proposed depths. The County Engineer shall establish and maintain criteria and methodologies for performing alternative surfacing and pavement depth design, including verified soil engineering characteristics and traffic loadings for approving such alternative designs.d.    Alternate Surface Treatment. Alternate surface treatments, other than permeable pavement, may only be used upon approval of the County Engineer. The applicant shall supply the County Engineer with specifications for materials and application rates as part of the approval. Permeable pavement is allowed under Section 40.350.030(B)(3)(b)(1)(a), subject to the specifications in the current edition of the LID Technical Guidance Manual.e.    Steeper Grades. Roads constructed in grades steeper than fifteen percent (15%) shall be constructed with Portland cement concrete, with grooved surfacing. Rural roads are exempted from this requirement.f.    Grades and Drainage. Access road drainage facilities shall be designed to meet the requirements of the county stormwater drainage and erosion control ordinances, and be sufficient to prevent water damage or impairment from normal rain flow or surface water. Erosion control shall be provided during construction to maintain the roadways such that mud and debris are minimized consistent with such ordinances.    Drainage details and street profile grades shall be shown on the construction plans. In the urban and urban reserve areas, the centerline profile street grades shall not be less than one percent (1%) unless an integral curb and gutter section is used, in which case the minimum grade shall not be less than three-tenths percent (0.3%). If any grading or filling of lots or other areas outside the streets is to be done which exceeds those amounts specified in Chapter 14.07, an overall grading plan shall be submitted as a part of the plans. In rural areas, driveway culverts must be a minimum of twelve (12) inches. Culverts larger than the minimum will be sized by identifying the size of culverts upstream. These standards may be superseded where culverts are placed within waters subject to regulation under Chapter 77.55 or 77.57 RCW, or Chapter 220-660 WAC.g.    Passing Sight Distance. County roadways with centerline striping shall have minimum passing sight distance, as measured from a height of three and one-half (3 1/2) feet to an object of three and one-half (3 1/2) feet, in accordance with Table 40.350.030-9. The passing sight distance shall be based on the most current version of the American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highwards and Streets.”h.    School Zone Traffic Control. School zone traffic control shall be updated when impacted by a project in accordance with the “Clark County School Zone Traffic Control Policy.”i.    Pedestrian Crossing Treatment. Appropriate pedestrian crossing treatments shall be evaluated and provided in accordance with the “Clark County Pedestrian Crossing Treatment Policy.”j.    Traffic Control Devices.(1)    Reimbursable. The developer shall reimburse the county for the installation and/or modification of all necessary traffic control devices including but not limited to street name signs, warning and regulatory signs, pavement markings and traffic signals within county right-of-way. The cost of all the traffic control devices will be determined on a time and materials basis.(2)    Road Name Signs (Private Road to Private Road). Private road name signs shall be provided, installed, and maintained by the developer.(3)    Road Name Signs (Private Road to Public Road). Private road name signs shall be provided, installed, and maintained in county right-of-way by the county.(4)    Exceptions. Except for traffic signal related items, all other traffic control devices related to private roads shall be provided, installed and maintained by the developer outside county right-of-way. In some unusual circumstances, traffic control devices for private roads, such as stop control, may be installed and maintained by the developer within county right-of-way under a licensing agreement.4.    Transportation Construction Specification.a.    General. No construction shall begin until plans have been approved by the county, except that rough grading operations may proceed before the plans are approved under the following conditions:(1)    The grading plan is submitted separately along with an application for a grading permit, if required;(2)    The grading plan is in conformance with the approved preliminary plat or other development approval;(3)    The grading plan will not be in conflict with the street and drainage plans; and(4)    Any required grading permit is issued. No utility installation is allowed under grading permits.    The responsible official shall be notified not less than forty-eight (48) hours prior to the start of any phase of construction.b.    Subgrade. The subgrade must be inspected and approved by the responsible official prior to application of the crushed surfacing material.c.    Crushed Surfacing Materials. The standard specifications shall apply to all materials and workmanship. Compaction of subgrade and surfacing materials shall be in accordance with the WSDOT Standard Specifications. The subgrade and crushed surfacing materials shall be compacted to ninety-five percent (95%) of the maximum density for the material. The base course shall be approved prior to application of top course, and top course shall be approved prior to placement of pavement. Approval shall be by the responsible official.d.    Paving. The standard specifications shall apply to all materials and workmanship. The department shall be notified not less than forty-eight (48) hours in advance of the application of any type of paving and, in accordance with the standard specifications, the responsible official may stop or delay paving operations when the weather or other conditions indicate that suitable results may not be obtained.e.    Trench Backfill.(1)    Trench Backfill for Construction. All trench backfill within the county right-of-way and the road improvement area shall be imported gravel backfill meeting the material specification of the WSDOT Standard Specifications, Section 9-03.19. Native soils may be utilized upon the responsible official’s approval if testing shows the material is classified as A-1 or A-3 by AASHTO. Trench backfill shall be compacted within the roadway prism to ninety-five percent (95%) of maximum density as determined by AASHTO T-99. Areas within the right-of-way and outside the roadway prism may be compacted to ninety percent (90%) of AASHTO T-99. The trench backfill shall be placed in conformance with the Standard Specification Section 7-08.3(3).(2)    Trench Backfill for Utility. Application of this specification is required on principal and minor arterials, urban collectors, rural major and minor collectors, and any roadway that has been reconstructed or overlaid within two (2) years.    Utility trenches in existing roadways and which run transverse to the direction of vehicle travel shall be constructed in accordance with the requirements of the utility cut permit, issued from Clark County’s operations division. In addition to the requirements listed in Section 40.350.030(C)(4)(e)(1), tranverse utility cuts will be required to have the top three (3) feet of trench backfill constructed with controlled density fill meeting the requirements of the Standard Specification Section 2-09.3(1)E. Refer to the Standard Details Manual for examples.f.    Temporary and Permanent Barricades. Temporary and permanent barricades shall conform to the standards described in the current adopted version of the Manual on Uniform Traffic Control Devices (MUTCD). For street extensions, including subtitle connection with adjacent areas, right-of-way for street extension, provision for future extension, and use of temporary turnaround, see Section 40.350.030(B)(9).(1)    Type I or Type II barricades may be used when traffic is maintained through the temporary traffic control zone.(2)    Type III barricades may be used when roadways and/or proposed future roadways are closed to traffic. Type III barricades may extend completely across roadway (as a fence) or from curb to curb. Where provision must be made for access of equipment and authorized vehicles, the Type III barricades may be provided with movable sections that can be closed when work is not in progress, or with indirect openings that will discourage public entry. When job site access is provided through the Type I barricades, the developer/contractor shall assure proper closure at the end of each working day.(3)    In the general case, Type III permanent barricades shall be installed to close arterials or other through streets to traffic. They shall also be used to close off lanes where tapers and/or delineations are not sufficient.(4)    Type III barricades or Type 4 (end-of-roadway) object markers shall be used at the end of a local access street terminating abruptly without cul-de-sac bulb or on temporarily stubbed off streets. Such Type III barricades can be supplemented with a Type 4 object marker.(5)    Dead-end streets which may be extended in the future shall have a Type III barricade and a sign placed giving notice that the road will be extended in the future and an informational telephone number.g.    Private Road Maintenance Agreement. The county will not maintain roadways, signs or drainage improvements on private roads. All private roads shall be maintained by the owners of the property served by them and kept in good repair at all times. A private maintenance covenant recorded with the County Auditor will be required for any private road serving more than three (3) lots. The covenant will set out the terms and conditions of responsibility for maintenance, maintenance methods, standards, distribution of expenses, remedies for noncompliance with the terms of the agreement, right of use easements, and other considerations. The covenant shall be submitted to the responsible official for approval prior to recording. The covenants, which may be in the form set forth in the Standard Details Manual, shall include the following terms:(1)    The covenant shall establish minimum annual assessments in an amount adequate to defray costs of ordinary maintenance and procedures for approval of additional needed assessments.(2)    The covenant shall include a periodic maintenance schedule.(3)    The covenants for maintenance shall be enforceable by any property owner served by the road.(4)    The means shall be established for assessing maintenance and repair costs equitably to property owners served by the private road.(5)    The covenants shall run with the land.(6)    “Maintenance” shall include, but not be limited to, road surfacing, shoulders, gates, signs, storm drainage facilities and vegetation control.(7)    Private Road Inspection. Private roads will be subject to the same inspection schedule as public roads.(8)    Developer Maintenance Obligation. The developer of a residential plat or short plat shall be responsible to ensure the maintenance of the private road for a period of two (2) years from the date of recording of the plat or short plat. Thereafter, the developer’s maintenance responsibility will depend upon the number of lots under the developer’s continuing ownership, as stated in the recorded maintenance agreement.h.    Construction of Sidewalks.(1)    Construction Standards. Materials and construction of sidewalks and accessways shall conform to the standard plans for the type of adjacent road. Sidewalks shall be surfaced with Portland cement concrete. Accessways may be surfaced with Portland cement concrete or two (2) inches of asphaltic concrete pavement on four (4) inches of compacted crushed surfacing. Alternatively, permeable pavement is allowed, subject to the requirements in Section 40.350.030(B)(3)(b)(1)(a).(2)    Construction Timing. Unless earlier installation is required by the responsible official, required sidewalks and accessways shall be installed in conjunction with either the construction of an adjacent road or the construction of a building structure. That portion of any required sidewalks or accessways adjacent to any lot shall be constructed prior to issuance of a certificate of occupancy for a building constructed on such lot.(3)    Construction Bond. If the responsible official determines that construction is not feasible when a building is ready for occupancy, a construction bond or other security acceptable to the responsible official shall be posted guaranteeing the construction of required sidewalks and accessways. The amount of such construction bond, or other security, shall be set by the responsible official based upon the estimated cost of installation at the time when the sidewalk or accessway is to be constructed.(4)    Procedure. Except as modified herein, the reviews, approval, inspection and acceptance procedures established elsewhere in this section shall similarly apply to sidewalks and accessways.    Note: For sidewalk requirements, see Section 40.350.015(B). For sidewalk detailed specifications, see the Standard Details Manual.i.    Construction Guarantee. In lieu of the completion of any required public improvements prior to approval of a final plat, short plat or the issuance of building permits, the responsible official may accept a bond, in amount and with satisfactory surety and conditions, or other secure method as the responsible official may require, providing for and securing to Clark County the actual construction and installation of such improvements within a period specified by the responsible official and specified in the bond or other agreement, and to be enforced by the Community Development Director by appropriate legal and equitable remedies. The amount of bond or escrow shall be one hundred percent (100%) of the estimated cost as determined by the responsible official for the county to construct the improvement.j.    Record Drawing. The applicant shall submit a reproducible set of plans for all public improvements showing all construction changes, such as location of culverts, alignment and grade changes, added and deleted items, location of utilities, water valves, stormwater facilities, sewer connections, etc. The record drawings shall be prepared and stamped by a licensed engineer or surveyor, and submitted prior to acceptance of any improvements for provisional maintenance by the county.k.    Acceptance by County. Roads, drainage, landscaping, irrigation, and any other required right-of-way construction may be accepted for provisional maintenance by the county upon receipt of a workmanship and materials bond (or other secure method) in the amount of ten percent (10%) of the construction cost and the recommendation of the responsible official. Final acceptance will not be made for two (2) years from the date of provisional acceptance and the developer must repair any failure within the two (2) year period. The applicant may request inspection of the constructed facilities for release of the said workmanship and materials bond (or other secure method) at the end of the two (2) year provisional maintenance period.l.    Construction Revisions and Modifications to Construction Specifications. Revisions made during construction drawing review or during actual construction which do not conflict with conditions of development approval or the road standards may be authorized by the responsible official. Written consent between the responsible official and the developer is required. The developer will be responsible for informing the construction contractor of all approved changes. In unique circumstances the responsible official will consider requests for variation from the above listed construction specifications. It shall be the developer’s responsibility to furnish supporting documentation as required by the responsible official to substantiate the requested variation.(Amended: Ord. 2006-09-13; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-01-01; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2012-05-14; Ord. 2012-05-30; Ord. 2014-01-08; Ord. 2015-11-24; Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-11-05; Ord. 2023-01-08; Ord. 2024-03-01)

40.350.040 Private Bridges

A.    Purpose.    The purpose of this section is to establish minimum design standards for privately owned bridges to provide a unified approach to assure the safety of emergency responders as well as the public.(Added: Ord. 2012-05-30)B.    Applicability.    This section applies to any private bridge that exists or that is proposed as part of a subdivision, short plat, site plan review application, conditional use permit application, or building permit application.(Added: Ord. 2012-05-30)C.    Definitions. For the purposes of this section, the following definitions shall apply:(Added: Ord. 2012-05-30)D.    Standards and Approval Criteria.1.    General. Private bridges are not allowed:a.    When they conflict with the Arterial Atlas, as amended;b.    When they are needed for public circulation;c.    When they connect two (2) public roads; ord.    When they are to serve more than fifty (50) potential residential lots in rural areas or one hundred (100) lots in urban areas, created after April 12, 1994, except within a planned unit development; provided, that where expansion of a public road is not presently feasible, the limitations of this subsection shall not apply if the affected internal and frontage roads are improved to public standards (if otherwise required) and dedicated to the county, with the acceptance of such dedication(s) being deferred until extension of a public road allows connection.2.    The signature, date and stamp with seal of a licensed professional engineer registered in the state of Washington are required for all bridge plans and specifications, ratings, and evaluations. The stamp and certification shall be deemed in compliance with the requirements of this chapter and constitute acceptance.3.    Category A Bridges. Category A bridges are new bridges permitted and constructed on or after January 1, 2012. A building permit is required for construction of a Category A bridge.a.    Definitions. For the purposes of this section, the following definitions apply:b.    Design. All Category A bridges are new bridges and must comply with the latest adopted editions of the International Building Code (IBC) or AASHTO LRFD Bridge Design Specifications, US Customary Units (AASHTO), except as follows:(1)    Vehicular loading for a Category A1 or A2 bridge capacity analysis must use a minimum of an HS-20 loading configuration with no other uniform or concentrated loads applied concurrently with that load. Load factors for Category A1 and A2 bridges for strength design shall be in accordance with the IBC. At a minimum, an HL-93 loading configuration shall be used to determine load capacity for Category A3 bridges. Load factors for Category A3 bridges for strength design shall be in accordance with AASHTO. Applied locations of design live loads for all Category A bridges shall be in accordance with AASHTO.(2)    Load rating of new bridges shall be in accordance with the AASHTO Manual for Bridge Evaluation (MBE), latest edition, and use the load resistance factor rating (LRFR) method with the following:(a)    All superstructure elements, including decks, shall be analyzed and load rated. Substructure elements need not be load rated.(b)    Load rating shall analyze load effects from the following vehicles: AASHTO legal vehicles (Type 3, Type 3S2, and Type 3-3). No other vehicles or notional loads need be applied.(c)    Upon completion of the load rating, the bridge limits shall be posted on a load limit sign, AASHTO Regulatory Sign, R12-5, as defined by the Manual on Uniform Traffic Control Devices (MUTCD).(d)    Upon submission of an evaluation to the Clark County Fire Marshal, a sticker for the sign shall be issued indicating the year that a new inspection is required.(3)    A minimum three (3) feet of clearance is required between the one hundred (100) year flood elevation and the bottom of the bridge span, if the bridge is crossing a stream or other body of water, unless a backwater evaluation is submitted, signed, stamped and sealed by a licensed professional engineer registered in the state of Washington.(4)    A scour evaluation according to Hydraulic Engineering Circular No. 18 (HEC-18) is required for the bridge crossing, and the foundations must remain stable under the maximum scour conditions.(5)    A geotechnical investigation is required for bridge spans sixty (60) feet or greater in length or for any bridge located in a known hazard area.c.    Railings and Curbs. Category A bridges shall have a minimum of a twelve (12) inch curb height on both sides of the bridge that shall resist a horizontally applied load at any location along the length of the bridge in compliance with IBC design for vehicle barriers. Vehicle and pedestrian rails other than curbs are not required, but if provided, they must comply with IBC.d.    Bridge Width. Category A1 and A2 bridges shall be a minimum of twelve (12) feet in clear width between inside face of curbs and signed for a one (1) way bridge. Bridges with clear width greater than eighteen (18) feet can be considered a two (2) way bridge and signage for a one (1) way bridge is not required.e.    Bridge Construction, Special Inspection, and Structural Observation.(1)    Special inspections in accordance with the IBC are required for foundations, steel reinforcing, concrete, steel fabrication and erection, welding of metal deck, any other field welding, and as determined by the building official.(2)    The structural engineer who stamped or sealed the drawings shall observe the bridge construction at a minimum during foundation construction, substructure construction, steel fabrication, superstructure construction and railing installation.(3)    Before issuance of an occupancy permit for use of the bridge, the licensed professional engineer registered in the state of Washington must submit a final letter of acceptance with copies of all the inspection and testing reports, and certify to the building official that the bridge was constructed in compliance with applicable standards.f.    Turnouts. New one (1) way bridges shall have turnouts at each end that comply with the requirements of the Standard Details Manual.4.    Category B Bridges. Category B bridges are existing bridges permitted and constructed before January 1, 2012.a.    Definitions. For the purposes of this section, the following definitions apply:b.    Category B1 bridges are not required to be evaluated or upgraded.c.    For Category B2 bridges, an applicant for an applicable development must submit a load rating evaluation and recommendation, post the bridge in accordance with Section 40.350.040(D)(5) and choose one (1) of the following options:(1)    If a repair, upgrade, retrofit or rebuild is required, owners must comply with that recommendation; or(2)    Install a residential fire sprinkler system conforming to the NFPA Standard 13-D in new residences served by the bridge.d.    Category B3 bridges shall require evaluation and upgrade according to Section 40.350.040(D)(5) for a land division or building permit for a new dwelling.e.    Railings and Curbs. AASHTO and IBC rail, barrier, and curb elements are not required on any Category B bridges.5.    Existing Bridges Requiring Evaluation. All Category A and Category B1 and B2 bridges shall be re-inspected every five (5) years. Inspections must be conducted by an engineer certified as a bridge condition inspector by the Washington Department of Transportation or National Highway Institute. If the evaluating engineer determines that the load capacity requires modification, more frequent inspections, or repair is necessary, compliance shall be required. The inspection and load rating evaluations are to be submitted to the Clark County Fire Marshal.a.    Load rating evaluations of existing bridges shall be in accordance with the AASHTO Manual for Bridge Evaluation (MBE), latest edition and use the LRFR method with the following:(1)    All superstructure elements, including decks, shall be analyzed and load rated. Substructure elements need not be load rated although their condition should be considered in the overall bridge capacity results.(2)    The load factor rating (LFR) method can be used on bridges constructed prior to October 1, 2010. LFR load ratings shall apply operating level load factors for live loads. Inventory level live load factors need not be applied.(3)    For both the LRFR and LFR load rating methods, analyze load effects from the following vehicles: AASHTO legal vehicles (Type 3, Type 3S2, and Type 3-3). No other vehicles or notional loads need be applied.(4)    Upon completion of the load rating evaluation, the bridge limits shall be posted on a load limit sign, AASHTO Regulatory Sign, R12-5, as defined by the Manual on Uniform Traffic Control Devices (MUTCD).(5)    Upon completion of the load rating evaluation to the Clark County Fire Marshal, a sticker for the sign shall be issued indicating the year that a new inspection is required.b.    If the resulting load rating is below one (1.0), posting of the allowable tonnage as a direct percentage of the HS-20 loading configuration is required. In addition, at the discretion of the Fire Marshal, residences that require the bridge for emergency vehicle access may receive a notice that emergency vehicles may not cross the bridge. Recording of the notice for affected parcels is required until such time as the bridge is upgraded/replaced and the load rating is above one (1.0).c.    If the bridge is voluntarily upgraded, any modifications or additions shall conform to the requirements listed for Category A bridges in Section 40.350.040(D)(3).d.    If the bridge is voluntarily removed or replaced, the new construction shall conform to the requirements listed for Category A bridges in Section 40.350.040(D)(3).(Added: Ord. 2012-05-30)E.    Private Bridge Agreement.1.    The county will not maintain private bridges, associated signs or other improvements. The owners of the properties served by private bridges requiring evaluation shall maintain such bridges in compliance with applicable standards. Any Category A private bridge serving more than three (3) lots requires a private maintenance covenant recorded with the County Auditor. Submission of the covenant to the Building Official for approval is required prior to recording. Applicants seeking site plan or building permit approval are required to sign a covenant running with the land promising to sign a maintenance agreement at such time as the other owners using the bridge sign the agreement.2.    Covenants, which may be in the form set forth in the Standard Details Manual, shall run with the land, and shall include the following:a.    Minimum annual assessments in an amount adequate to defray costs of ordinary maintenance and procedures for approval of additional needed assessments;b.    A periodic bridge maintenance schedule; andc.    A process for assessing maintenance, repair, retrofit, rehabilitate and rebuild costs equitably to property owners served by the private bridge.3.    The covenants for maintenance must be enforceable by the owner of any property served by the private bridge.4.    Developer Maintenance Obligation. The developer of a residential plat or short plat shall be responsible to ensure the maintenance of the private bridge for a period of two (2) years from the date of recording of the plat or short plat. Thereafter, the developer’s maintenance responsibility will depend upon the number of lots under the developer’s continuing ownership, as stated in the recorded covenant.5.    Private Bridge Inspection. Private bridges will be subject to the same inspection schedule as stated in Section 40.350.040(D)(5).(Added: Ord. 2012-05-30)F.    Notice. The following statement is required on the face of any site plan, or binding site plan or within the developer covenants to Clark County for any subdivision or short plat containing a private bridge:Clark County has no responsibility to improve or maintain the private bridges contained within or private roads providing access to the property described in this development. Any private bridge shall remain a private bridge unless it is upgraded to public bridge standards at the expense of the developer or abutting lot owners and is accepted by the county for public ownership and maintenance.(Added: Ord. 2012-05-30)

40.360.010 Applicability

This chapter shall apply to new multifamily residential buildings containing five (5) or more units and nonresidential construction that are subject to site plan review.

40.360.020 Amount of Storage Required

Amount of Storage Required. The amount of solid waste and recyclable storage area required is based on the predominant use(s) of the building (i.e., residential, office, retail, educational/institutional or other). If a building has more than one (1) of the uses listed in this section, and that use occupies twenty percent (20%) or less of the gross floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one (1) of the uses listed in this section, and that use occupies more than twenty percent (20%) of the gross floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use.A.    Storage areas for multiple uses on a single site may be combined and shared.B.    The specific requirements are based on an assumed storage height of four (4) feet for solid waste/recyclables. Vertical storage higher than four (4) feet but no higher than seven (7) feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of forty-three percent (43%) of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers.C.    Storage shall be provided consistent with the following:1.    Multiunit residential buildings containing five (5) to ten (10) units shall provide a minimum storage area of fifty (50) square feet. Buildings containing more than ten (10) residential units shall provide an additional five (5) square feet per unit for each unit above ten (10).2.    Nonresidential buildings shall provide a minimum storage area of ten (10) square feet, plus:a.    Office: four (4) square feet/one thousand (1,000) square feet of gross floor area (GFA).b.    Retail: ten (10) square feet/one thousand (1,000) square feet of GFA.c.    Educational and institutional: four (4) square feet/one thousand (1,000) square feet of GFA.d.    Other: four (4) square feet/one thousand (1,000) square feet of GFA.

40.360.030 Location, Design and Access Standards

Required storage areas for solid waste and recyclable materials shall comply with the following standards:A.    Location.1.    The storage area for source-separated recyclables shall be located with the storage area for residual mixed solid waste.2.    Indoor and outdoor storage areas shall comply with International Building and Fire Code requirements.3.    Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations.4.    Outdoor storage areas can be located within interior side setback or rear setback areas. Outdoor storage areas shall not be located within a required front setback or in a setback abutting a public right-of-way or private street easement unless no alternative location is possible. Outdoor storage areas shall not be located in a side or rear setback which abuts property that is not within the same development (perimeter setback of the development as opposed to the side setback of one (1) project on one (1) interior lot within the development).5.    Exterior storage areas shall be located in central and visible locations on a site to enhance security for users.6.    Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage and access.7.    The storage area shall be accessible for collection vehicles and located so it will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site.B.    Design Standards.1.    The dimensions of the storage area shall accommodate containers consistent with current methods of local collection.2.    Storage containers shall meet International Fire Code standards and be made of and covered with waterproof materials or situated in a covered area.3.    Design of exterior storage areas shall comply with standards outlined in Chapter 40.386, Stormwater and Erosion Control, including roof cover, paving, and runoff containment, to prevent nonstormwater discharges prohibited by Chapter 13.26A, Water Quality, from entering the stormwater drainage system.4.    Exterior storage areas shall be enclosed by a screen to at least an F2 standard. A gate(s) through the fence shall allow access to users and haulers. The gate(s) for haulers shall be capable of being secured in a closed and open position.5.    Storage containers shall be clearly labeled to indicate the type of materials accepted.(Amended: Ord. 2015-11-24)C.    Access Standards.1.    Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service.2.    Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of ten (10) feet horizontal clearance and eight (8) feet of vertical clearance is required if the storage area is covered.3.    Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safely exit the site in a forward motion.

40.370.010 Sewerage Regulations

A.    Purpose.    The purpose of this section is to further the public health by providing clear rules for when connection to public sewer is required or prohibited. Nothing in this section shall be construed to permit violation of regulations for on-site sewage disposal systems promulgated by the Washington Department of Health or local governments.(Amended: Ord. 2020-03-08)B.    Definitions.1.    “Public sewer” means extension of a public sewer system operated by a public entity or, where such extension is impractical, connection to an alternative public sewer system operated by the designated public sewer purveyor.2.    “UGA” means an urban growth area designated in the comprehensive plan.(Amended: Ord. 2020-03-08)C.    New Structures within UGA and Rural Centers Served by Public Sewer – Public Sewer Connection Required – Exceptions.    Inside UGAs and rural centers served by public sewer, connection to public sewer is required as a condition of building permit issuance for any new structure which has the potential to increase sewage effluent, or additions to existing structures which have the potential to increase sewage effluent, unless the responsible official determines, using a Type I review process, that the new structure or addition is for single-family detached residential use, or a nonresidential use for which an on-site sewage disposal system can be approved by the Clark County Health Department and:1.    Such use does not generate hazardous/dangerous waste, as defined by applicable federal, state or local law; and2.    Extension of public sewer is impractical based upon the following criteria:a.    Public sewer would have to be extended more than three hundred (300) feet to the property line; orb.    Necessary permission cannot be obtained from intervening landowner(s); orc.    Intervening property contains natural or manmade obstructions, such as deep canyons, elevation changes, and solid rock impediments, which make public sewer extension prohibitively expensive or undesirable; and3.    A covenant to the county is recorded which commits the current and future property owner(s) to connect to public sewer within twelve (12) months of sewer becoming available. The covenant shall also contain a provision that commits the current and future property owner(s) to participate in a future local improvement district if this is the method used to extend sewer.(Amended: Ord. 2008-06-02; Ord. 2011-08-08; Ord. 2012-07-03; Ord. 2020-03-08)D.    Land Divisions within UGA – Public Sewer Connection Required – Exceptions.    Inside UGAs, connection to public sewers is required as a condition of approval of new land divisions, whether by plat, short plat or site plan application, unless the following exception applies:1.    A two (2) lot land division where one (1) of the lots is, or will be, developed in a use that generates no sewage effluent. Any plat approved under this exception shall record a covenant prohibiting the installation of plumbing fixtures for any use on the designated lot unless the lot connects to sewer.2.    Short plats approved under Section 40.200.050(B).(Amended: Ord. 2008-06-02; Ord. 2020-03-08)E.    Public Sewer Connection Prohibited Outside UGAs – Exceptions.    For proposed structures or other developments outside of a UGA, connection to public sewer is prohibited except as follows:1.    In response to documented health hazards; or2.    To provide public sewer to regional park facilities; or3.    Pursuant to RCW 36.70A.213, to provide public sewer to a school and any associated recreational facilities in a rural area that serves students from a rural and urban area; provided the school district, the county, the public sewer provider and any affected cities determine that the proposed site is suitable and the school and any associated recreational facilities cannot reasonably be collocated on an existing school site; or4.    Upon a request for service to the public sewer provider, an intervening property pursuant to Section 40.370.010(E)(3) may be served by public sewer if, pursuant to RCW 36.70A.213(3) and Section 40.370.010(C)(2)(a), the property is within three hundred (300) feet of a sewer extension to serve a school; and provided the school district, the county, the public sewer provider and any affected cities agree to the request.(Amended: Ord. 2008-06-02; Ord. 2020-03-08)F.    Period of Validity.    A Type I decision under this section shall be valid for a period of one (1) year if not associated with any other action. When such a decision is made in conjunction with another application (e.g., short plat, plat or site plan), the decision shall be valid for the same period as the decision on the related application.(Amended: Ord. 2020-03-08)

40.370.020 Water Supply

A.    Definitions.1.    For the purpose of this section, “public water system” means a potable water supply system operated by a designated public agency including a city, town or Clark Public Utilities.B.    Purpose.    Water serving new development in urban areas is necessary.C.    Connection Required for Building Permits.1.    Inside urban growth boundaries, connection to public water is required as a condition of building permit issuance for multifamily dwellings exceeding three (3) units, and all structures required to meet fire flow standards.2.    In areas located inside urban growth boundaries, where the public agency purveyor is willing and able to provide safe and reliable service, connection to public water is required as a condition of building permit issuance for all new residential uses of less than four (4) units, and other uses that are not required to meet fire flow standards, when public water is within seven hundred fifty (750) feet of the lot. Subject to a Type I review, the responsible official may conclude that public water is not available to the developer with reasonable economy and efficiency, within the above distances, based on the following considerations:a.    Permission cannot be obtained from intervening property;b.    Intervening property contains natural or manmade obstructions which make extension extraordinarily expensive, such as a deep canyon, solid rock or reconstruction of a road or sidewalk;c.    Intervening changes in elevation make adequate service to the property extraordinarily expensive.D.    Connection Required for Land Divisions.    Inside urban growth boundaries, connection to public water is required for all new lots, as a condition of preliminary plat or short plat, and site plan approval. Priority for public water service will be the extension from an existing public water line and, secondly, by construction of, or connection to, a satellite system built to standards established, and operated, by the designated water purveyor in the applicable water service area. Where the purveyor refuses to accept the option of accepting a satellite system the third option is to approach an adjacent purveyor for service. No private wells shall be permitted for purposes of providing potable water intended for human consumption.

40.386.010 Introduction

A.    Purpose. The purpose of this chapter is to safeguard public health, safety and welfare by protecting the quality of surface and groundwaters for drinking water supply, recreation, fishing and other beneficial uses through the application of best management practices (BMPs) for stormwater management and erosion control.B.    Applicability.1.    The provisions of this chapter shall apply to all new development, redevelopment, land-disturbing activities, and drainage projects, consistent with the Clark County Stormwater Manual.2.    Meeting the requirements of this chapter is the joint and severable responsibility of both the owner(s) of the site on which land-disturbing activity occurs and the person(s) undertaking such activity, including the project applicant. In addition, if the land-disturbing activity involves a county-issued permit per other Clark County Code requirements, the applicant is also responsible for meeting the requirements of this chapter.3.    The responsible official is authorized to enforce the provisions of this chapter using the remedies and procedures in Title 32.C.    Exemptions from the Requirements of this Chapter. Exemption from the requirements of this chapter shall be granted for the following activities:1.    Forest practices regulated under WAC Title 222, except Class IV general forest practices that are conversions from timber land to other uses.2.    Construction of agricultural buildings or other hard surfaces for carrying out agricultural activities; provided, that no stormwater is released from the site directly or indirectly to the county’s stormwater conveyance system.3.    Agricultural practices involving working the land for production, but not including converting forested land to agriculture.4.    Landscape maintenance activities and gardening.5.    Oil and gas field activities or operations including construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations. Operators are encouraged to implement BMPs to minimize erosion and to control sediment during and after construction activities to help ensure protection of surface water quality during storm events.6.    The following pavement maintenance practices:a.    Pothole and square cut patching;b.    Overlaying existing asphalt or concrete pavement without expanding the area of coverage;c.    Shoulder grading;d.    Regrading/reshaping drainage systems;e.    Crack sealing;f.    Resurfacing with in-kind material without expanding the road prism;g.    Pavement preservation, without expanding the road prism; andh.    Vegetation management.D.    Permit (Construction) Time Limit. All permits issued pursuant to the regulations contained in this chapter or earlier stormwater code before July 1, 2021, expire on July 1, 2026, except if approved construction has begun on site before July 1, 2026. “Beginning construction” means, at a minimum, the site work associated with and directly related to the approved project has begun. For example: grading the project site to final grade, or the installation of utilities. Simply clearing the project site does not constitute the beginning of construction.    For governmental projects performed under the authority of the responsible official, which are subject to public bid laws, “started construction” means the project has been advertised per public bid laws, legislatively approved for construction, awarded to contractor, site work has begun, and the contractor has a schedule for completion.E.    Definitions. For the purposes of this chapter, the following definitions shall apply. Additional definitions can be found in the Department of Ecology Stormwater Management Manual for Western Washington.(Added: Ord. 2015-11-24; amended: Ord. 2021-06-02)

40.386.020 Standards – Stormwater Control

A.    The Clark County Stormwater Manual is adopted by reference, and the requirements contained therein will be the minimum standards for this chapter except as modified in this chapter.B.    Where provisions of this chapter conflict with other Title 40 requirements, the more stringent shall apply.C.    Publicly funded linear transportation projects may follow the minimum design requirements and BMPs of the 2019 version of the Washington Department of Transportation’s Highway Runoff Manual (HRM). LID infeasibility criteria in the Clark County Stormwater Manual must be used for LID selection.D.    Approvals and permits granted based on compliance with this chapter and any policies and procedures promulgated hereunder do not constitute waivers of the requirements of any other laws or regulations nor do they indicate compliance with any other laws or regulations. Compliance with all applicable federal, state and local laws and regulations is required.(Added: Ord. 2015-11-24; amended: Ord. 2021-06-02)

40.386.030 Administration

A.    General.1.    An applicant proposing any new development, redevelopment, land-disturbing activity or drainage project governed by this chapter shall submit to Clark County the plans, studies, and information described in the Clark County Stormwater Manual. The purpose of the stormwater plan is to determine whether a proposal can meet the requirements set forth in this chapter.2.    All plans, studies, and reports submitted pursuant to this chapter must be stamped, signed and dated by an engineer, and other licensed professionals if appropriate, responsible for their preparation.3.    Stormwater site plans are exempt from the requirement to be prepared by an engineer for projects that only apply minimum requirements No. 1 through No. 5 for construction of agricultural or residential buildings and their appurtenances on an existing lot. Alterations to an existing site plan prepared by a licensed engineer are not exempt.B.    Preliminary Stormwater Plan.1.    As part of a land use application, the applicant shall submit a preliminary stormwater plan meeting the requirements of the Clark County Stormwater Manual for all new development, redevelopment, land-disturbing activities or drainage projects not exempted by Section 40.386.010(C).2.    A preliminary stormwater plan submittal shall consist of a preliminary development plan and a preliminary technical information report (TIR). The engineer shall include a statement that all required information is included and that the proposed stormwater facilities are feasible.C.    Final Stormwater Plan.1.    The applicant shall submit a final stormwater plan and shall obtain approval of the final stormwater plan from the responsible official prior to beginning construction related to any new development, redevelopment, land-disturbing activity or drainage project not exempted by Section 40.386.010(C). The final stormwater plan provides final engineering design and construction drawings in accordance with the Clark County Stormwater Manual.2.    The final stormwater plan must include a construction stormwater pollution prevention plan (SWPPP) prepared in accordance with the Clark County Stormwater Manual for any new development, redevelopment, land-disturbing activity or drainage project not exempted by Section 40.386.010(C).3.    If a final stormwater plan differs from the approved preliminary stormwater plan in a manner that, in the opinion of the responsible official, raises significant water quality or quantity control issues, it shall require another SEPA determination (if subject to the State Environmental Policy Act (SEPA)) and a post-decision review, in accordance with Section 40.520.060.D.    Plan Review Process.1.    For a land use application requiring a public hearing, the Hearings Examiner shall consider the preliminary stormwater plan in accordance with the procedures applicable to the land use application. All other preliminary stormwater plans shall be acted on by the responsible official within the timeline for the preliminary land use decision.2.    Variances. For purposes of this chapter, the following requirements shall apply with regard to variances:a.    Type I and Type II (Administrative) Variances. The responsible official may grant an administrative variance to the standards of this chapter using a Type I or Type II process pursuant to Sections 40.510.010 and 40.510.020 prior to permit approval and construction; provided, that the requested change is due to site specific conditions and the intent of this chapter is met.    These variances are limited to changes to design and construction of stormwater infrastructure and must meet the following criteria:(1)    All minimum requirements of the Clark County Stormwater Manual are fully met;(2)    The change does not result in a decrease in materials grade or quality; and(3)    The change must be approved by the responsible official as acceptable for maintenance access and repairs.b.    Type III Variances. The Hearings Examiner may grant a variance from the requirements of this chapter using a Type III process pursuant to Section 40.510.030 prior to permit approval and construction; provided, that the provisions of this chapter are met. Written findings of fact are required that address the following:(1)    The application of the minimum requirements would impose a severe and unexpected hardship;(2)    The variance would provide for equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, would be fully met;(3)    There are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the developer of all reasonable use of the property of land in question, and all feasible efforts to meet the intent of the requirements have been made, considering the following:(a)    The current (preproject) use of the site;(b)    How the application of the minimum requirements would restrict the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;(c)    The possible remaining uses of the site if the variance were not granted;(d)    The uses of the site that would have been allowed prior to the adoption of the minimum requirements;(e)    A comparison of the estimated percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss of requirements that existed prior to adoption of the minimum requirements; and(f)    Whether it is feasible for the owner to alter the project to comply with the minimum requirements.(4)    That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and(5)    The variance is the least possible variance that could be granted to comply with the intent of this chapter.E.    Inspection. The responsible official shall inspect all new development, redevelopment and drainage projects to ensure compliance with this chapter and the standards of the Clark County Stormwater Manual.1.    The project applicant must schedule a preconstruction conference and preconstruction inspection to ensure that stormwater and erosion control BMPs are in place and access to public right-of-way is properly installed.2.    The project applicant shall obtain approval on all inspections necessary to manage the project and comply with the Clark County Stormwater Manual.3.    The project applicant shall inspect all temporary erosion and sedimentation BMPs throughout construction to verify proper installation and maintenance of required soil erosion and sediment controls.4.    The responsible official shall inspect new development, redevelopment and drainage projects sites upon completion of construction and before final approval/occupancy to verify proper installation of permanent erosion controls, stormwater facilities, and BMPs and compliance with this chapter and the Clark County Stormwater Manual.F.    Acceptance. When the project applicant requests construction acceptance of stormwater facilities the applicant shall follow the procedures set forth in the Clark County Stormwater Manual.G.    Record Drawings.1.    Upon completion of the construction of conveyance systems, stormwater treatment facilities, flow control facilities and structural source control BMPs (excluding the construction of nonengineered on-site stormwater management BMPs) and prior to final inspection approval, the applicant shall submit to Clark County record drawings of the full stormwater plan prepared and stamped by a licensed engineer.2.    The drawings must accurately represent the project as constructed. They must depict the actual vertical and horizontal locations of roads and drainage facilities constructed on and off site as part of the development, redevelopment, land-disturbing activity or drainage project. Record drawings must be stamped, signed and dated by an engineer and must meet the standards contained in the Clark County Stormwater Manual.(Added: Ord. 2015-11-24; amended: Ord. 2021-06-02)