Chapter 15.50
SITE PLAN REVIEW
Sections:
15.50.030 Conditions of approval.
15.50.040 Duration of approval.
15.50.050 Amendments to site plan conditions.
15.50.060 Preapplication conference.
15.50.070 Submitting application for site plan review.
15.50.080 Determination of completeness.
15.50.090 Notice of application.
15.50.100 City supervisor review and decision.
15.50.120 Completion security.
15.50.130 Maintenance security.
15.50.010 Description.
A. A site plan is a drawing of a proposed project drawn to scale.
B. This chapter is intended to provide for the examination of site and building development proposals and to provide a means for guiding development in a logical, safe, attractive, and expedient manner.
C. A site plan may require environmental review under SEPA. (The construction of an office, school, commercial, recreational, service, or storage building with 4,000 square feet or less of gross floor area, and with associated parking facilities for 20 or fewer automobiles is exempt from SEPA requirements. See Chapter 14.05 SBMC, SEPA, for more details.)
D. If environmental review under SEPA is required, then the procedures listed in SBMC 15.50.080, Determination of completeness, 15.50.090, Notice of application, and 15.50.140, Report of decision, are required.
E. If environmental review under SEPA is not required, then the procedures listed in subsection (D) of this section are not required.
F. The city supervisor has final approval authority on site plans that are a prerequisite for obtaining a building permit. Building permits are issued by Pacific County.
G. The city council has final approval authority on site plans that are a prerequisite for obtaining a shoreline permit. (Ord. 1222 § 1, 1997).
15.50.020 Applicability.
Site plan review and approval are required before a building permit can be issued if:
A. The requested building permit will authorize construction of a new building or other structure in any zoning district; or
B. The requested building permit will authorize the expansion of any building or other structure in any zoning district by more than 10 percent of its existing floor area, or overall size in cases where floor area is not applicable. (Ord. 1222 § 1, 1997).
15.50.030 Conditions of approval.
A. Any site plan approval will be conditioned upon the applicant agreeing to complete all required site improvements before a building permit is issued.
B. The dedication of land to the city and/or provision of public improvements to serve the site may be required as a condition of site plan approval.
C. No dedication or provision of public improvements will be allowed that constitutes an unconstitutional taking of private property. Dedications must be clearly shown on the final plan.
D. The city supervisor may not require the applicant to get a release from damages from other property owners as a condition for the approval of any site plan. (Ord. 1222 § 1, 1997).
15.50.040 Duration of approval.
A. Approval or approval with conditions of a site plan will be effective for a period not to exceed two years from the date of the approval by the city supervisor.
B. An applicant who files a written request with the city supervisor at least 30 days before the expiration of this two-year period will be granted a one-year extension if the applicant can show that he has attempted in good faith to submit final plans for the issuance of a building permit within the two-year period. (Ord. 1222 § 1, 1997).
15.50.050 Amendments to site plan conditions.
Any request to change the conditions of site plan approval will be referred to the city supervisor. The procedure for a site plan approval amendment will be the same as for an original application. (Ord. 1222 § 1, 1997).
15.50.060 Preapplication conference.
A. An applicant may request a preapplication conference with the city supervisor before submitting a site plan to discuss requirements and the review process, in accordance with SBMC 15.08.040.
B. If an applicant requests consolidated permit processing, a preapplication conference is required. (Ord. 1222 § 1, 1997).
15.50.070 Submitting application for site plan review.
A. To have a site plan reviewed, an applicant must submit the following in accordance with SBMC 15.08.060:
1. A completed site plan approval application form, as provided by the city;
2. Five copies of the site plan, with information as specified in the application form;
3. A JARPA (joint aquatic resource permits application) form, if work is proposed in or near water;
4. SEPA environmental checklist, if applicable; and
5. Application fee (see current development fee ordinance).
B. The clerk-treasurer will forward the items in subsections (A)(1) through (4) of this section to the city supervisor. (Ord. 1222 § 1, 1997).
15.50.080 Determination of completeness.
A. If environmental review under SEPA is required, the city supervisor must notify the applicant that the site plan application has been received and that it is complete or incomplete, in accordance with SBMC 15.08.070.
B. If environmental review under SEPA is not required, then a determination of completeness is not required. (Ord. 1222 § 1, 1997).
15.50.090 Notice of application.
A. If environmental review under SEPA is required, the city supervisor must send a notice of application to other agencies, neighboring property owners within 300 feet, and the public in accordance with SBMC 15.08.090.
B. If environmental review under SEPA is not required, then a notice of application is not required. (Ord. 1222 § 1, 1997).
15.50.100 City supervisor review and decision.
A. After a site plan application is complete according to SBMC 15.08.070, the city supervisor will approve, approve with conditions, or deny the site plan within 30 days.
B. The decision of the city supervisor must be in writing and must include findings of fact and conclusions to support the decision. In making his decision, the city supervisor must make written findings that:
1. Appropriate provisions are made for the public health, safety, and general welfare.
2. The public use and interest will be served by the development of the proposed site plan. (Ord. 1222 § 1, 1997).
15.50.110 Improvements.
A. A developer must construct all required improvements of the site plan and repair existing streets and other public facilities damaged in the development of the site.
B. A completion security may be required to receive site plan approval.
C. A maintenance security may be required to receive site plan approval. (Ord. 1222 § 1, 1997).
15.50.120 Completion security.
A. If required by the city supervisor as a condition of site plan approval, the applicant must post a completion security to ensure completion of the improvements within a specific amount of time, determined by the city supervisor, of the site plan approval.
B. The amount of the completion security will be 150 percent of the estimated cost of design, materials, and labor on the last day covered by the security, of installing the improvements covered by the security.
C. The city superintendent and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with SBMC 15.02.120. (Ord. 1222 § 1, 1997).
15.50.130 Maintenance security.
A. If required by the city supervisor as a condition of site plan approval the applicant must deposit with the city a maintenance bond or other acceptable surety guaranteeing the successful operation of all required site improvements and to warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance of improvements by the city. The maintenance security must be one of the following:
1. A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;
2. A personal bond approved by the city attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;
3. Cash;
4. Letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of development of the stated project.
B. The bond or other approved surety will be for 20 percent of the estimated value of all the required site improvements as determined by the city superintendent.
C. The maintenance bond or other approved surety is in addition to any completion security.
D. When the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements, the city superintendent will authorize the release of the maintenance bond.
E. The city supervisor may withhold release of the bond or surety up to one year from the date of any restoration or repairs to insure that the restoration or repairs were adequate.
F. The city supervisor and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with SBMC 15.02.120.
G. If required by the city supervisor, proof of comprehensive property damage insurance or liability insurance may also be required to be submitted. (Ord. 1222 § 1, 1997).
15.50.140 Report of decision.
A. If environmental review under SEPA is required, the city supervisor must provide a single report stating the decision on the site plan application in accordance with SBMC 15.08.120 and 15.08.130.
B. If environmental review under SEPA is not required, a report of decision is not required. (Ord. 1222 § 1, 1997).
15.50.150 Appeals.
Decisions of the city supervisor may be appealed to the board of adjustment in accordance with SBMC 15.08.150. (Ord. 1222 § 1, 1997).