Chapter 17.24
BINDING SITE PLANS*
Sections:
17.24.010 Purpose and adoption authority.
17.24.025 Binding site plans – Minor.
17.24.030 Preapplication conference.
17.24.060 Distribution of plans.
17.24.100 Preliminary approval and authorization for land divider.
17.24.120 Final binding site plan – Requirements.
17.24.130 Final binding site plan survey requirements.
17.24.140 Final binding site plan approval and filing.
17.24.150 Performance bonds in lieu of required improvements.
17.24.160 Development in conformity with the final binding site plan.
*Code reviser’s note: Pursuant to the intent of Ordinance 2022-010 to replace the city council as the review authority for most quasi-judicial decisions with the hearing examiner, “city council” has been replaced with “hearing examiner” throughout this chapter.
17.24.010 Purpose and adoption authority.
The purpose of this chapter is to establish a binding site plan review procedure as provided for under the authority of RCW 58.17.040(4), (5) and (7). The binding site plan serves as an official land use control pursuant to Chapter 36.70 RCW. Binding site plans provide an alternative to the conventional platting requirements of the State Subdivision Act (Chapter 58.17 RCW) and allow more flexibility in design and operation of manufactured home parks, recreational vehicle parks, condominium developments, multifamily developments, planned unit developments and commercial and industrial developments. (Ord. 98-005 § 4)
17.24.020 Applicability.
A. Binding site plan review and approval pursuant to this chapter shall be required prior to undertaking any of the following actions:
1. Divisions of land for lease for commercial or industrial uses; and/or
2. Divisions of land for lease where no residential structures, other than recreational vehicles are permitted; and/or
3. The establishment of manufactured home parks, where no lots will be sold; and/or
4. The establishment of condominium developments.
B. Binding site plan review and approval pursuant to this chapter may be pursued as an alternative to the subdivision process for any of the following actions:
1. Divisions of land for sale which is restricted to commercial or industrial uses.
2. Multifamily or apartment complex development where no lots are to be sold. (Ord. 98-005 § 4)
17.24.025 Binding site plans – Minor.
Binding site plans which do not require State Environmental Policy Act (SEPA) review, consistent with the requirements of SMC Title 16, may be considered minor binding site plans, and may be reviewed administratively, consistent with the requirements of SMC Title 20. The director of the department of community development may determine that an application for binding site plan which does not require SEPA review will be considered a major binding site plan if, in the director’s determination, the scope, scale, size or impact of the proposal requires additional review and a public hearing. (Ord. 2011-017 § 2; Ord. 98-005 § 4)
17.24.030 Preapplication conference.
A preapplication conference may be required; refer to SMC 20.01.110. (Ord. 2021-026 § 2 (Exh. B); Ord. 98-005 § 4)
17.24.040 Application.
Any person with an ownership interest or permission of the owners desiring approval of a binding site plan shall submit the application materials required in SMC 17.12.020(A). (Ord. 98-005 § 4)
17.24.050 Fees.
Application fees shall be paid consistent with SMC Chapter 20.05, Fee Schedule. (Ord. 98-005 § 4)
17.24.060 Distribution of plans.
If in the opinion of the planning department the application contains sufficient data to determine approval or disapproval they shall affix a file name or number and date of receipt to the application, forward copies of the preliminary site plan to the appropriate agencies and officials, and notice the project consistent with the requirements of SMC Title 20, Land Use and Development. (Ord. 98-005 § 4)
17.24.070 Notice of hearing.
The planning department shall provide for notice of the public hearing consistent with the requirements of SMC Title 20, Land Use and Development. (Ord. 98-005 § 4)
17.24.080 Hearing.
In addition to any relevant evidence received from the general public or the parties involved, the city engineer shall evaluate and determine the engineering accuracy of the proposed binding site plan, including but not limited to the proposed street system, the proposed sewage disposal system, the proposed storm drainage system and the water supply system. The planning department shall evaluate and determine the proposal’s conformance with the comprehensive plan and all zoning requirements. The public works department shall evaluate the adequacy of utility system improvements and capacity. (Ord. 98-005 § 4)
17.24.090 Design regulations.
The hearing examiner may not approve applications for binding site plan approval unless it is demonstrated by the applicant that each of the following criteria has been met or will be met:
A. Each use of the land resulting from the adoption of the binding site plan conforms with the comprehensive plan and with zoning regulations, including lot coverage, setbacks, building heights, off-street parking requirements, landscaping buffering and permitted uses within zoning districts;
B. Adequate provisions for on- and off-site circulation and connection with the surrounding road net have been proposed, consistent with adopted city standards;
C. Curb, gutter, sidewalk, trail connections, transit stops, streets, storm drainage, sanitary sewer lines, water lines and other utilities will be installed at the expense of the applicant and meet city specifications and applicable ordinances and the city engineer has certified or approved the proposed plans for the construction;
D. The applicant has provided, if necessary, easements to the city to accommodate the establishment of municipal utilities;
E. Private property necessary for public use as street rights-of-way have been dedicated to the city by an acceptable deed of dedication or by preparing a plat to be recorded;
F. A bond meeting city requirements (Chapter 3.78 SMC) has been posted to ensure completion of those unconstructed improvements required consistent with the criteria found in this chapter;
G. Adequate public facilities are provided as required by the adopted capital facilities plan; these facilities may include, but are not necessarily limited to, parks, playgrounds, schools, open spaces, transit stops, and trails and trail connections;
H. All requirements of the environmentally sensitive areas and wetlands sections of the SMC and the State Environmental Policy Act (SEPA) have been met;
I. No development can occur which causes a flooding hazard, and until any development occurring within an identified floodplain has been properly mitigated;
J. The public interest will be served by the proposal;
K. All the requirements of Chapter 58.17 RCW have been met; and
L. All proposed project phasing schedules meet the requirements contained in SMC 17.20.090. (Ord. 2021-021 § 1 (Exh. B); Ord. 2005-022 § 6; Ord. 2004-015 § 6; Ord. 98-005 § 4)
17.24.100 Preliminary approval and authorization for land divider.
Preliminary approval of the binding site plan by the hearing examiner, consistent with the provisions of SMC Title 20, shall constitute authorization for the applicant and/or project proponent to develop the required facilities and improvements in strict accordance with state laws and the standards contained in this title. (Ord. 2005-022 § 7; Ord. 2004-015 § 7; Ord. 2004-013 § 1; Ord. 98-005 § 4)
17.24.110 Expiration.
The approval given to a binding site plan shall expire within three years following approval unless a proposed final plan, in proper form, is submitted to the city planning department; provided, however, that an extension of time, not to exceed one year, may be granted by the hearing examiner upon the recommendation of the planning director. Only two such extensions shall be granted. However, any extension of time may require additional review and additional conditions of approval, if in the determination of the hearing examiner such review or conditions are required. (Ord. 2005-022 § 8; Ord. 2004-015 § 8; Ord. 98-005 § 4)
17.24.120 Final binding site plan – Requirements.
The proposed binding site plan shall be submitted in triplicate, including a photo-reproducible mylar copy. Each binding site plan shall consist of one or more pages, each 18 inches wide by 24 inches long, clearly and legibly drawn.
The perimeter of the binding site plan shall be depicted with heavier lines than appear elsewhere on the plan. The scale shall be 50 feet to one inch, unless a different scale is required by the city engineer. A margin of at least one-half inch shall be left around each sheet.
Every final binding site plan shall include an accurate map of the land based on a complete survey consistent with the requirements of this title. The final plan shall contain, but not be limited to the following information:
A. All section, township, municipal and county lines lying within or adjacent to the binding site plan shall be illustrated;
B. A description of all corners necessary to determine the exterior boundaries of the binding site plan and showing bearing and distance ties to a minimum of two monument corners of record which were used for the survey;
C. The boundary of the binding site plan complete with bearing to the nearest one second and lineal dimensions to the nearest one-hundredth of a foot. The location of all proposed building sites located within the boundaries of the binding site plan; provided, that the building sites locations need only be staked, not surveyed and monumented;
D. The length of all straight lines, and the radii, length of arcs and central angles of all curves;
E. The location, width, centerline, ownership and name and number of all streets within and adjoining the binding site plan; the location of all required improvements, including but not limited to street lights, utilities, fire hydrants, parking areas, sidewalks and trails etc.;
F. The location, width, and descriptions of all easements shall be illustrated by broken lines;
G. A statement identifying the purpose and permitted uses for all common areas other than streets;
H. Dedications to the public or easements granted to the city and/or the lot owners shall be clearly indicated on the face of the final plan;
I. A notice to title shall be included on the face of the plan which indicates that city approval of the binding site plan does not automatically dedicate the use of water, sewer, stormwater, solid waste disposal or other utilities of the city, unless specifically provided for in the preliminary plat approvals, or in an approved development agreement. Potential purchasers of the property should be advised to contact the city for information regarding assessments and fees for utility services;
J. The name and project number of the binding site plan as assigned by the city, a bar scale, north arrow and date of preparation, including revision dates;
K. A legal description of the land contained with the binding site plan;
L. A signed statement by the registered land surveyor who prepared the binding site plan, attesting that it is a true and correct representation of the lands surveyed;
M. The following statement shall be placed verbatim on the face of the plan: “No portion of this binding site plan may be altered, amended, deleted, added to or changed in any manner except by application of amendment to the city of Sequim”;
N. A statement of approval by the city engineer;
O. A statement of approval by the county health officer (if septic facilities are proposed);
P. A statement as to the ownership and maintenance agreements governing any proposed common areas. This statement shall reference all lot owners’ agreements which are filed concurrently;
Q. Every plan filed for record must contain a certificate giving the full and correct description of the divided lands as they appear on the binding site plan, including a statement that the plan has been made with the free consent and in accordance with the desires of the owners. This statement shall be signed and acknowledged by a notary public;
R. A signed statement by the director of the department of community development that the binding site plan has been established consistent with the requirements and conditions of the approved preliminary binding site plan, and that all of the conditions thereof have been met and the plan as established is consistent with all applicable city land controls;
S. A signed statement from the Clallam County treasurer that all taxes have been paid in advance on all property included in the binding site plan;
T. A space for the county auditor to sign the plan for recording purposes;
U. A signed copy of the lot owners’ association bylaws, and articles of incorporation, if applicable; and
V. A recent (30-day period) title report specific to the subject property which shows all persons having ownership interest in the property. (Ord. 2011-017 § 2; Ord. 98-005 § 4)
17.24.130 Final binding site plan survey requirements.
The survey shall be performed in full compliance with the Survey Recording Act, Chapter 58.09 RCW, RCW 58.17.160(3) and 58.24.040. (Ord. 98-005 § 4)
17.24.140 Final binding site plan approval and filing.
A binding site plan shall be approved if the hearing examiner finds that the following requirements have been satisfied:
A. The binding site plan is determined to be in conformance with this chapter and contains the signatures and approvals of all of the required officials; and
B. All required on-site and off-site improvements have been installed, and approved by the city, and all outstanding conditions of the preliminary binding site plan approval have been satisfied.
Development permits for on-site buildings and structures (excepting those required to accommodate utility infrastructure) may not be issued until the final binding site plan has been filed by the applicant for the record with the county auditor. (Ord. 98-005 § 4)
17.24.150 Performance bonds in lieu of required improvements.
Performance bonds meeting city requirements (Chapter 3.78 SMC) may be accepted in lieu of required improvements for a binding site plan consistent with the requirements of this title. (Ord. 2021-021 § 1 (Exh. B); Ord. 98-005 § 4)
17.24.160 Development in conformity with the final binding site plan.
Following final approval of a binding site plan pursuant to the requirements of this chapter, any and all development and use of the land to which the plan pertains shall be in conformity with all conditions and requirements of final approval. Development undertaken pursuant to the conditions and requirements of an approved binding site plan shall be established consistent with the requirements of all other applicable city and state codes. (Ord. 98-005 § 4)
17.24.170 Amendment.
Repealed by Ord. 2016-010. (Ord. 2011-017 § 2; Ord. 98-005 § 4)