Chapter 15.55
BINDING SITE PLAN REGULATIONS
Sections:
15.55.060 Binding site plan certifications required.
15.55.070 Binding site plan title report.
15.55.080 Administrative duties.
15.55.090 Development requirements.
15.55.100 Standards for binding site plans.
15.55.110 Approval and filing.
15.55.010 Purpose.
A binding site plan is an overlay of a site proposed for developed, new development or redevelopment. It is intended as an alternative to a subdivision, to create additional building lots, or to define building pads that are reviewed as part of a larger site plan as leasable or saleable lots. Binding site plans are subject to the provisions of RCW 58.17.035. [Ord. 1247 § 2, 2024; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]
15.55.020 Applicability.
The division of property by the binding site plan process may only be used for division of land for the sale or lease of property. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.030 Preapplication.
Prior to applying for binding site plan approval, a proponent shall present a preliminary site plan that contains (in a rough and approximate manner) all of the information required for a formal binding site plan application. The purpose of the preliminary site plan submittal is to enable the person presenting the plan to obtain a preliminary assessment from the town as to the preliminary site plan’s compliance with adopted plans, policies and ordinances of the town. Prior to receiving binding site plan approval, an applicant is required to submit a fully completed application. The preapplication review described herein creates no rights to the proponent or obligation to the proponent by the jurisdiction. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.040 Application.
Applications for binding site plan approval shall be filed with the planning director. To be considered complete and considered for approval, a binding site plan must contain the following:
(1) Electronic or paper copies of the binding site plan showing:
(a) Name of the binding site plan and space for numerical assignment;
(b) Legal description of the entire parcel, legal description of each proposed lot, square footage of each lot, date, scale and north arrow;
(c) Boundary lines, rights-of-way for streets, easements and property lines of lots and other sites with accurate bearings dimensions of angles and arcs and of all curve data;
(d) Names and rights-of-way widths of streets within the parcel and immediately adjacent to the parcel;
(e) Number of each lot and block;
(f) References to covenants, joint use, access easements or other agreements either to be filed separately or with the binding site plan;
(g) Zoning setback lines and building envelopes where applicable;
(h) Location, dimension and purpose of any easements noting if the easements are private or public;
(i) Location and description of monuments and all lot corners set and found;
(j) Datum, elevations and primary control points approved by the town engineer, descriptions and ties to all control points shall be shown with dimensions, angles and bearings;
(k) A dedicatory statement acknowledging public and private dedications and grants;
(l) Parking areas, loading areas, general circulation, landscaping area;
(m) Proposed use and location of buildings with dimensions where applicable;
(2) Be submitted with the documents required by LCMC 15.55.050, 15.55.060 and 15.55.070;
(3) Be accompanied with a fee as set by the town council;
(4) A completed environmental checklist. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.050 Survey required.
(1) A survey must be performed and filed with every binding site plan. The survey must be conducted by or under the supervision of a Washington State registered land surveyor. The surveyor shall certify on the binding site plan that it is a true and correct representation of lands actually surveyed and the survey was done in accordance with state law.
(2) In all binding site plans, lot corner survey pins must be set before final approval can be granted.
(3) In all binding site plans, perimeter monuments must be set before final approval can be granted.
(4) In all binding site plans, control monuments must be set before final acceptance of public improvements.
(5) In all binding site plans, flood elevations shall be shown. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 807 § 1, 2001.]
15.55.060 Binding site plan certifications required.
(1) A certificate giving a full and correct description of the lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in accordance with the desires of the owners of the land covered by the binding site plan, must be filed with the application. If the binding site plan is subject to a dedication, the certificate or a separate written instrument shall also be required and contain a dedication of all streets and other public areas to the public.
(2) A certification by a licensed surveyor, licensed in the state, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law must be filed with the application.
(3) All binding site plans are required by RCW 58.17.040 to contain the following declaration:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the town, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.
[Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.070 Binding site plan title report.
All binding site plan applications shall be accompanied by a title company certification (current within 30 days) confirming that the title of the lands as described and shown in the binding site plan are legally held in the name of the owner(s) signing the binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.080 Administrative duties.
(1) The planning director administers the provisions of this chapter. Binding site plans for commercial or industrial uses shall be processed as a Type I permit. Binding site plans for proposed residential uses shall be reviewed and acted upon by the hearing examiner.
(2) A fully completed application for commercial or industrial binding site plan approval shall be approved with conditions, returned to the applicant for modifications, or denied within 28 days of its being deemed complete by the planning director unless the applicant agrees, in writing, to an extension of this period. A binding site plan application shall be deemed complete when the planning director determines the application meets the requirements of LCMC 15.55.040, 15.55.050, 15.55.060 and 15.55.070.
(3) Upon receiving a complete application for binding site plan approval, the planning director shall transmit a copy of the binding site plan, together with copies of any accompanying documents as the planning director deems appropriate, to the following:
(a) Town public works director, who shall review the proposed binding site plan with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer and conformance to any applicable improvement standards and specifications;
(b) Water and sewer superintendent, who shall review the proposed binding site plan with regard to its conformance to the general purposes of the adopted water and sewer regulations and conformance to any applicable improvement standards and specifications;
(c) Fire chief, who shall review the proposed binding site plan with regard to adequate provisions for emergency access;
(d) Any other town department, utility provider, school district or other public or private entity as the planning director deems appropriate.
(4) In transmitting the proposed binding site plan to the parties referenced above, the planning director shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the planning director in order to be considered. Any comments received by that date shall be incorporated into the formal findings that will form the basis of the planning director’s decision on the binding site plan. If no comments are received from any of the parties referenced above, the planning director shall make such findings as they deem appropriate. However, in every case a proposed binding site plan shall contain a statement of approval from the town engineer as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The planning director shall not approve a binding site plan which does not contain a statement signed by the town engineer.
(5) The planning director shall review the proposed binding site plan and determine its conformance to the general purposes of this title, its conformance with the comprehensive plan and its conformance with the zoning ordinance and any other applicable land use controls. These determinations shall form the basis of the planning director’s decision on the binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.090 Development requirements.
(1) All improvements within the BSP must be in conformance with the recorded binding site plan and any conditions placed upon the binding site plan by the planning director.
(2) Any new development within a binding site plan area is subject to the development standards of the La Conner Municipal Code and the shoreline master program.
(3) Filing a completed and approved binding site plan does not vest any development proposal associated with the binding site plan. Any proposed improvement or development within the BSP is subject to review pursuant to all applicable local, state and federal regulations. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.100 Standards for binding site plans.
The following standards shall apply to binding site plans that are prepared for recording:
(1) All binding site plans shall be prepared in a manner acceptable to the county auditor for recording;
(2) All tracts, parcels and lots created by a binding site plan shall be burdened by an approved maintenance agreement maintaining access to the various lots, tracts and parcels and for the costs of maintaining landscaping and other common areas;
(3) When any lot, tract or parcel is created without street frontage, access and utility easements shall be provided and said easements shall be recorded in the county auditor’s office with the recording number and an easement notation provided on the face of the binding site plan, and shall be reviewed and approved by the fire chief as to whether adequate fire access is available;
(4) Sufficient parking for each use per Chapter 15.90 LCMC must be located on the lot where the use is located or through joint parking agreements with adjoining owners. Notations on parking agreements must be provided on the face of the binding site plan. All parking lots shall be paved and designed to control drainage on site. Types of pavements that allow for improved drainage may be used. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]
15.55.110 Approval and filing.
(1) A binding site plan shall not be recorded until all land use decisions regarding the concurrent development proposal have been completed and approved.
(2) Upon approval of the binding site plan by the planning director in consultation with the town engineer and public works director, the applicant shall take the original binding site plan, obtain all other approvals from affected utilities and the county treasurer, and file it with the county auditor, conforming to statutory requirements.
(3) The applicant must provide the planning director one paper copy of the recorded document and the county assessor one paper copy of the recorded document before the binding site plan becomes valid. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]
15.55.120 Alteration.
The recorded binding site plan may be altered at the planning director’s discretion by processing through the review/approval procedure. Alterations to a binding site plan must be recorded. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.130 Vacation.
The recorded binding site plan may be vacated by the planning director, but only after approval and recording of a new binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.140 Appeals.
Appeals of an administrative decision relating to a binding site plan may be made to a hearing examiner pursuant to LCMC 15.135.220. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]
15.55.150 Enforcement.
No person shall record any binding site plan with the auditor that does not bear the verification of approval as defined by this chapter. The town will prosecute violation of this title and commence actions to restrain and enjoin a violation of this title and compel compliance with the provisions of this chapter. The costs of such action shall be the responsibility of the violator. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]