Chapter 16.30
BINDING SITE PLANS
Sections:
16.30.070 Preliminary application requirements.
16.30.080 Distribution of preliminary applications.
16.30.090 Approval criteria for preliminary applications.
16.30.100 Critical areas and natural hazards.
16.30.105 Effect of preliminary binding site plan approval.
16.30.110 Final application requirements.
16.30.120 Distribution of final applications.
16.30.130 Final binding site plan approval process.
16.30.140 Effect of final approval.
16.30.010 Title.
This chapter shall be called “Binding Site Plans.” (Ord. 1856 § 2 (Exh. B), 2018).
16.30.020 Application.
Land may be divided using the provisions of this chapter as an alternative to the platting review process for subdivisions and short subdivisions. Only the following land divisions shall be eligible for approval using the binding site plan approval process:
A. Commercial, Industrial, and Mixed-Use Developments. Land with a zoning classification allowing commercial, industrial or mixed-use development may be divided into two or more lots using the binding site plan process;
B. Manufactured Home Parks. Land may be divided using the binding site plan process for the purpose of lease when no residential structures other than manufactured homes or travel trailers are permitted to be placed upon the land, provided the site plan complies with all applicable manufactured home park regulations and the zoning code requirements;
C. Condominiums. Land may be divided using the binding site plan process for the purpose of creating condominiums, or sites for condominiums, in accordance with the provisions of chapters 65.32 and 65.34 RCW or other applicable state laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.030 Purpose.
The purpose of this chapter is to provide an alternative method of land division to enable the establishment of condominiums or manufactured home parks, or to create lots for lease or sale in commercial or industrial zones. This method may be employed as an alternative to the platting review process required for subdivisions and short subdivisions, provided the proposed land division is consistent with one of the applicable development types listed in BMC 16.30.020. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.040 Authority.
This chapter is adopted pursuant to chapters 36.70, 36.70A, 36.708, 58.17 RCW and other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.050 Approval required.
A. All binding site plans shall require city approval and shall be subject to the requirements of this chapter.
B. No binding site plan shall be recorded prior to obtaining both preliminary and final binding site plan approval.
C. Applications for final binding site plan approval shall not be accepted without an approved preliminary binding site plan.
D. No application for final binding site plan approval shall be accepted until the installation and construction of all required improvements is completed. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.060 Review process.
Binding site plans shall be subject to both a preliminary and final review process as follows:
A. Applications for preliminary binding site plan approval shall be processed as Type II decisions in accordance with BMC Title 14A.
B. Applications for final binding site plan approval shall be processed as Type I decisions in accordance with BMC Title 14A.
C. Unless the applicant requests otherwise, applications for preliminary binding site plan approval shall be combined and processed together with any other applications associated with the proposed land division, such as zoning amendments, variances, or critical area approvals. In accordance with chapter 14A.05 BMC, combined applications shall be processed using the procedures applicable to the permit with the highest classification. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.070 Preliminary application requirements.
Applications for preliminary binding site plan approval shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications including all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
A. Any applicable fees in accordance with the fee schedule established by the city council;
B. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy;
C. Soils report;
D. Preliminary drainage report showing how storm water will be managed and identifying areas suitable for storm water infiltration, treatment, and low impact development features;
E. SEPA checklist or other SEPA documentation and reports if required;
F. Critical areas information or reports in accordance with the requirements of chapter 14.15 BMC;
G. Written verification from the Skagit Public Utility District indicating they are able and willing to provide water service to the proposed binding site plan;
H. A preliminary binding site plan prepared by a land surveyor licensed in the state of Washington. The preliminary binding site plan shall be consistent with the applicable standards and requirements identified in chapter 16.40 BMC.
I. If the applicant or property owner owns or controls adjoining contiguous parcels the application shall be accompanied by a sketch showing how the proposed street system would be extended to serve the adjoining parcels in the future so the street system can be considered as a whole;
J. Binding site plans shall be prepared consistent with the survey and design standards identified in chapter 16.40 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.080 Distribution of preliminary applications.
Applications which have been deemed complete in accordance with the requirements of BMC Title 14A and BMC 16.30.070 shall be distributed and reviewed as follows:
A. The building official shall review the application for compliance with chapter 15.04 BMC and the flood development regulations identified in chapter 14.15 BMC;
B. The fire marshal shall review the application for compliance with chapter 15.08 BMC;
C. The city engineer shall review the application for compliance with BMC Titles 12 and 13, and chapter 14.05 BMC.
D. Each official identified above shall review the preliminary binding site plan application and, within 30 days, provide the director with a report; each report shall:
1. Document whether or not the application complies with the municipal code requirements, laws, and other regulations the official is charged with administering; and
2. Recommended conditions of approval. If the official concludes that conditions are necessary in order to ensure the proposal complies with applicable regulatory requirements, recommended conditions of approval shall be included in the report; and
3. The extent and type of improvements, infrastructure, utilities, roads, and dedications necessary to serve the subdivision or short subdivision; and
4. Any permits or other regulatory approvals, such as grading permits, flood development permits, and right-of-way permits, that will be required prior to beginning the construction phase. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.090 Approval criteria for preliminary applications.
A. Following the review process specified in BMC 16.30.080, the director shall prepare a report documenting, through written findings of fact, whether or not the proposed binding site plan complies with applicable municipal code requirements. If the director finds that the application complies with all applicable municipal code requirements, it shall be approved. If director finds that the application does not comply, or cannot comply, through the application of reasonable conditions of approval, it shall either be denied or returned to the applicant for corrections.
B. Preliminary binding site plan applications may be approved with conditions if the conditions are necessary to ensure compliance with applicable municipal code requirements, or to identify specific improvements or actions which must be completed prior to final approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.100 Critical areas and natural hazards.
The following standards shall apply to all applications where critical areas, critical area buffers, or natural hazards are present within, or adjacent to, the proposed binding site plan:
A. No lot shall be created through a binding site plan which lacks an adequate building site outside of critical areas and critical area buffers unless restrictive notes are included on the face of the binding site plan permanently prohibiting development of the lot;
B. No lot shall be created through a binding site plan which lacks an adequate building site outside the floodway or special flood risk area, unless restrictive notes are included on the face of the binding site plan permanently prohibiting development of the lot or restricting the use of the lot to flood control structures and improvements;
C. No lot shall be created through a binding site plan which lacks an adequate building site unencumbered by natural hazards or natural hazard buffers unless the hazards can be mitigated to an acceptable level through the construction of protective improvements or other means consistent with provisions of chapter 14.15 BMC;
D. Under no circumstances shall a lot be created through a binding site plan which necessitates subsequent critical area variances or reasonable use determinations. Restrictive notes shall be included on the face of all binding site plans containing critical areas, critical area buffers, or natural hazards identifying the applicable development regulations and stating that no critical area variances or reasonable use determinations will be granted within the binding site plan boundaries. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.105 Effect of preliminary binding site plan approval.
A. Following preliminary approval, all improvements and infrastructure required as conditions of the preliminary approval shall be constructed or installed. No application for final binding site plan approval shall be accepted until all of the required improvements and infrastructure have been completed.
B. All work done during the construction phase shall be consistent with the approved preliminary binding site plan and any conditions of approval.
C. All required permits and approvals must be obtained prior to beginning the construction phase, and all subsequent work shall be in strict accordance with the approved permits.
D. Preliminary binding site plan approvals shall be valid for a period of two years. A final binding site plan shall be submitted to the city for approval and recorded prior to the expiration of the preliminary approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.110 Final application requirements.
Following the approval of a preliminary binding site plan, and the installation or construction of any required improvements, an application for final binding site plan approval may be submitted. Applications for final binding site plan approval shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications including all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
A. Any applicable fees in accordance with the fee schedule established by the city council;
B. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy;
C. A copy of the approved preliminary binding site plan and decision granting preliminary approval;
D. A statement from the city engineer indicating that the construction phase is complete and all required utilities, infrastructure, streets, roads, sidewalks, and other improvements have been installed in accordance with the approved preliminary binding site plan and any other applicable city requirements;
E. A statement from the Skagit Public Utility District indicating that water service has been extended to serve each lot in the binding site plan, unless the lot is designated on the face of the binding site plan for nonbuilding purposes;
F. A title report provided by a title insurance company licensed in the state of Washington, dated not more than 30 days prior to the application date, confirming that the title of the lands as described and shown on the face of the binding site plan is in the name of the owners signing the certificate;
G. A full set of survey notes consistent with the requirements of chapter 16.40 BMC;
H. A final binding site plan prepared by a land surveyor licensed in the state of Washington. The final binding site plan shall be consistent with the applicable standards and requirements identified in chapter 16.40 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.120 Distribution of final applications.
Applications which have been deemed complete in accordance with the requirements of BMC Title 14A and BMC 16.30.110 shall be distributed and reviewed as follows:
A. The building official shall review the application to ensure that any conditions of preliminary approval relating to chapter 15.04 BMC and the flood development regulations identified in chapter 14.15 BMC have been met;
B. The fire marshal shall review the application to ensure that any conditions of preliminary approval related to chapter 15.08 BMC have been met;
C. The city engineer shall review the application with respect to accuracy, engineering standards, the survey and design requirements of chapter 16.40 BMC, and to ensure that any conditions of preliminary approval related to BMC Titles 12 and 13, and chapter 14.05 BMC have been met.
D. Each official identified above shall review the final binding site plan application and provide the director with a report addressing all of the following:
1. Whether or not the application complies with the municipal code requirements, laws, and regulations the official is charged with administering; and
2. Whether or not the conditions specified in the preliminary approval have been satisfied; and
3. Verifying that all improvements, infrastructure, utilities, roads, and dedications required by the preliminary approval have bean provided, constructed, or installed; and
4. Verifying that all required permits or other regulatory approvals such as grading permits, flood development permits, and right-of-way permits have been obtained. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.130 Final binding site plan approval process.
A. Following the review process specified in BMC 16.30.120, the director shall approve the final binding site plan application, return it to the applicant for corrections, or deny it within 30 days after filing an application meeting the criteria below.
B. Approval Criteria. Applications for final binding site plan approval shall be approved, denied, or returned to applicant for corrections based on the following criteria. Applications for final binding site plan approval which meet all of the following criteria shall be approved:
1. The final binding site plan is consistent with the approved preliminary approval; and
2. All of the conditions associated with the preliminary approval have been satisfied; and
3. All of the infrastructure and improvements required by the preliminary approval have been constructed, installed, or provided; and
4. The city engineer has certified that the final binding site plan is technically correct and accurate, complies with all applicable survey and mapping standards, and that all lot corner markers and permanent control monuments have been installed; and
5. The title insurance report submitted with the final application confirms that title of the land and the proposed binding site plan is vested in the name of the owners whose signatures appear on the face of the binding site plan certificate; and
6. All other applicable requirements of this chapter have been addressed. (Ord. 1856 § 2 (Exh. B), 2018).
16.30.140 Effect of final approval.
A. Once a final binding site plan has been approved and recorded, development within the binding site plan shall be governed by the terms of the approved binding site plan, and the statutes, ordinances, and regulations in effect at the time of its approval for a period of five years from the date of recording unless the city council finds that a change in conditions creates a serious threat to the public health or safety.
B. Lots within a binding site plan that has been approved and recorded shall be considered legal lots.
C. Recorded binding site plans may only be altered, modified, or vacated in accordance with chapter 16.50 BMC. (Ord. 1856 § 2 (Exh. B), 2018).