Chapter 16.15
INDUSTRIAL - COMMERCIAL BINDING SITE PLANS
Sections:
16.15.010 Binding site plan option.
16.15.020 Site plan application.
16.15.060 Findings and conclusions.
16.15.100 Duration of approval.
16.15.120 Design standards and improvements.
16.15.130 Increased public service standards, roads, sewers, water, stormwater.
16.15.140 Waiver of standards and provisions.
16.15.150 Noncompliance with site plan.
16.15.160 Violation and penalties.
16.15.010 Binding site plan option.
In lieu of subdivision approval, a subdivider or developer of commercially or industrially zoned property may choose to request approval of a binding site plan pursuant to this chapter and RCW 58.17.035. All development within economic development urban growth areas established through subarea planning shall be approved through the binding site plan process. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,A, 2000]
16.15.020 Site plan application.
A proposed binding site plan shall be processed as a Type III application. Site plan approval is required prior to the issuance of building permits. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,B, 2000]
16.15.060 Findings and conclusions.
A binding site plan shall not be approved unless:
(1) Appropriate provisions are made for public health and safety, and for such open spaces and drainage ways, streets or roads, alleys, other public ways, public transportation, potable water supplies, sanitary sewers, stormwater facilities, and where applicable, parks and recreation, schools, sidewalks, and other features assuring safe walking conditions for students who only walk to and from school;
(2) The public use and interest will be served by the approval of such binding site plan and any dedication;
(3) The proposed binding site plan is in conformity with the comprehensive plan, applicable zoning and other development regulations;
(4) Public facilities required by the proposed binding site plan will be adequate and available to serve the proposed uses concurrently with the development phasing and financing to assure retention of an adequate level of service;
(5) The project is within an approved sewer service area for projects on sewer, and adequate capacity exists or is planned with funding sources in place. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,F, 2000]
16.15.065 Approval.
Apart from the provisions of this chapter, the provisions for approval of preliminary and final plats in Chapter 16.05 LCC shall apply to preliminary and final binding site plans. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010]
16.15.070 Amendment.
An approved binding site plan shall not be altered unless such amendment has been approved. If an applicant proposes a substantial amendment to a binding site plan, the county shall process the amendment as a Type III application. Minor amendments may be reviewed as a Type I application if no significant changes are proposed to the size, scale and intensity of the approved binding site plan. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,G, 2000]
16.15.080 Dedication.
(1) The hearing examiner may require the dedication of land to a public body and/or the provision of public improvements to serve the binding site plan as a condition of approval. Dedication shall be clearly shown on the plan.
(2) A site plan shall not be finally approved until or concurrent with a dedication of any required rights-of-way, easements, and land. [Ord. 1269 §7, 2016; Ord. 1169, §1,VI,H, 2000]
16.15.090 Development.
Lot sales and development permits, including building permits, may be issued concurrently with final binding site plan approval, but all such permits shall require a certificate of occupancy under the IBC for use and no such certificate shall be issued unless all dedications and public facilities and services necessary to serve the project and other improvements called for by the binding site plan are complete and have been accepted by the county, or adequately guaranteed for timely completion through bonds approved by the public works director. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,I, 2000]
16.15.100 Duration of approval.
The duration of the approval for a binding site plan shall be the same as the preliminary approval for land divisions specified in LCC 17.05.140. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,J, 2000]
16.15.120 Design standards and improvements.
All site plans are subject to and shall comply with those construction and facility improvement standards set forth in county development standards. [Ord. 1269 §7, 2016; Ord. 1169, §1,VI,L, 2000]
16.15.130 Increased public service standards, roads, sewer, water, stormwater.
If a building or occupancy permit is sought after final site plan approval which would result in a greater density or different use than that approved for the original development, higher public services may be required as a result. The building permit shall not be granted until the public services serving the lot are built to the higher standard or an agreement and bond to guarantee such construction is accepted by the county. [Ord. 1269 §7, 2016; Ord. 1169, §1,VI,M, 2000]
16.15.140 Waiver of standards and provisions.
To encourage innovative design, the hearing examiner may modify adopted engineering standards for sewer, water, road, or stormwater upon the finding that the proposal is consistent with sound engineering practices, the proposal will better serve the county interests than the county standards, and the county will not otherwise be harmed by the change. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,N, 2000]
16.15.150 Noncompliance with site plan.
Development of the area subject to the approved site plan shall conform with the approved site plan. Any development, use, or density which fails to substantially conform to the site plan as approved by the hearing examiner shall constitute a violation of this chapter. To remedy the noncompliance, the county may issue a stop work order on any such violation, may decline to issue any approvals or permits within the plan area until the violation is corrected, or may seek to revoke approval of the site plan subject to LCC 17.05.150. [Ord. 1269 §7, 2016; Ord. 1169, §1,VI,O, 2000]
16.15.160 Violation and penalties.
Any person, firm, corporation, or association, or agent thereof, who violates any provision of this chapter shall be subject to the penalties in LCC 1.20.020 and 1.20.040, and general provisions of Chapter 1.20 LCC. [Ord. 1269 §7, 2016; Ord. 1169, §1,VI,P, 2000]
16.15.180 Recording.
Final binding site plans shall be recorded in the manner of and in the same format as a final plat. [Ord. 1269 §7, 2016; Ord. 1218 §1 (Exh. A), 2010; Ord. 1169, §1,VI,R, 2000]