Chapter 19.20
FINAL BINDING SITE PLANS
Sections:
19.20.020 Submittal of application for final binding site plan, timeline.
19.20.030 Determination of completeness, resubmittal and expiration of application.
19.20.040 Public notice of application process.
19.20.050 Review of final application for small-scale binding site plan.
19.20.060 Review of final application for large-scale binding site plan.
19.20.070 Administrative review.
19.20.080 City council action.
19.20.090 Dedications and binding site plan agreement.
19.20.100 Transfer of ownership.
19.20.110 Building and occupancy conditions.
19.20.120 Release of improvement guarantee or maintenance surety.
19.20.130 Survey requirements.
19.20.140 Recording requirements.
19.20.150 Amendment, modification and vacation.
19.20.010 Purpose.
The purpose of this chapter is to provide for review and decision on applications for final binding site plans.
This chapter becomes applicable when a developer completes the conditions of Chapter 19.28 SMC and submits application for a final binding site plan within the time specified for such submittal. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.020 Submittal of application for final binding site plan, timeline.
Preliminary binding site plan approvals shall expire and not be reviewed for final binding site plan approval under the following conditions:
A. As provided in SMC 19.18.180, preliminary approval of a binding site plan shall lapse unless the applicant submits an application for final binding site plan approval within two years of the date of approval of the preliminary binding site plan.
B. Preliminary approval of a binding site plan shall lapse if an applicant fails to submit a revised final binding site plan within 180 days in response to a determination that the final submittal does not meet the requirements for approval as provided in SMC 19.20.030. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.030 Determination of completeness, resubmittal and expiration of application.
A. The developer shall submit the application to the director along with the appropriate fees.
B. Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.
C. The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:
1. A determination of completeness; or
2. A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.
D. The application shall not be accepted for formal filing and shall vest no rights until issuance of a formal determination of completeness by the director.
E. Resubmittal.
1. Resubmittals with the necessary information making the application complete within six months of original filing will not be subject to additional short plat filing fees.
2. Resubmittals between six months and one year of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the city of Sultan annual fee schedule.
F. Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within one year of the notification of such determination shall result in expiration of the application. Any subsequent application for final binding site plan approval of the subject property shall be subject to a new application process and all fees applicable to a final binding site plan application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.040 Public notice of application process.
Notice shall be provided as required for Level II process for small-scale binding site plans and Level III process shall be provided for large-scale binding site plans, as provided in Chapter 19.34 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.050 Review of final application for small-scale binding site plan.
Small-scale binding site plans shall be reviewed and acted upon as an administrative review process by the director in conformance with Level II procedures prescribed by Chapter 19.24 SMC for conformance with SMC 19.20.070(C). (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.060 Review of final application for large-scale binding site plan.
Large-scale binding site plans shall be reviewed and acted upon as an administrative review process by the city council in conformance with Level IV procedures prescribed by Chapter 19.28 SMC for conformance with SMC 19.20.080. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.070 Administrative review.
A. City Council Schedule. When an application for final large-scale binding site plan has been determined to be complete as provided in SMC 19.20.030, the director shall place the final binding site plan on a council agenda that allows for at least 10 working days of staff review prior to the council meeting. The final plat shall be reviewed by the council within 90 days of the determination of completeness as provided in SMC 19.20.030.
B. City Engineer Review. The city engineer shall review the final plat and shall make findings in response to all of the following:
1. Sultan concurrency management issues as provided in Chapter 16.70 SMC for:
a. Transportation.
b. Water.
c. Sewer.
d. Parks.
2. City improvement standards and requirements in effect on the date of preliminary plat approval, including, but not limited to:
a. Stormwater management and erosion control.
b. City of Sultan Design Standards and Specifications.
c. Water system plan.
d. General sewer plan.
e. City Water and Sewer Engineering Standards as provided in Chapter 19.42 SMC.
3. Completion of all mandatory development components as provided by SMC 19.18.160.
4. Provision of surety for all required development components as provided by SMC 19.18.170.
5. Submittal of adequate record as-built drawings for the required facilities as listed in SMC 19.18.160(B).
C. Director Review. Prior to filing the final binding site plan for council action, the director shall make findings in response to all of the following:
1. The final binding site plan meets all standards established by state law and this code.
2. The city engineer has completed review as provided in subsection (B) of this section.
3. The final plan and accompanying materials conform in all respects to the preliminary binding site plan approval and conditions issued by the hearing examiner.
4. All components of utility, public service and transportation facilities required to be completed prior to final plat approval have been completed and approved by the city engineer.
5. All components of utility, public service and transportation facilities allowed to be constructed after final binding site plan approval have been guaranteed by surety acceptable to the city as provided by SMC 19.18.170.
6. A maintenance bond acceptable to the city has been provided for all utility, public service and transportation facilities required to be guaranteed.
7. The proposed final plan bears the certificates and statements of approval required by law and all other components specified in SMC 19.20.130.
8. A title insurance report furnished by the developer confirming that the title of the land in the proposed subdivision is vested in the name of the owners having a title interest and whose signatures appear on the plat’s certificate.
9. The developer has provided any required surety in a form acceptable to the city attorney in an amount commensurate with improvements required to be completed as described in SMC 19.18.170. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.080 City council action.
A. Council Transmittal. Prior to the date at which the council will consider the final binding site plan, the director shall forward to the council the original of the final binding site plan, along with the planning agency’s report which discusses the conformity or nonconformity of the final binding site plan with:
1. The terms and conditions of the preliminary plat approval;
2. The requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of preliminary binding site plan approval; and
3. The requirements of this title in effect at the time of preliminary approval.
B. Approval Authority Vested in City Council. The city council shall have sole authority to approve final plans for large-scale binding site plans. The council shall approve, disapprove, or return to the applicant for modification or correction a proposed final plat on the date of the meeting set for consideration of the final binding site plan unless the applicant agrees, in writing, to an extension of the time period provided by RCW 58.17.035.
C. Council Decision.
1. If the council finds that the large-scale binding site plan proposed for final approval conforms to all terms of the preliminary plat approval and that the final binding site plan meets the applicable requirements of Chapter 58.17 RCW, other applicable state laws and this title, which requirements were in effect on the date of preliminary plat approval, it shall direct and authorize the mayor to suitably inscribe and execute its written approval on the face of the final plat.
2. If the council finds that the proposed final binding site plan does not meet the conditions of the hearing examiner’s decision and conditions of the preliminary plan and/or does not meet the standards of the applicable state statutes, or local ordinances or development standards, the council shall not approve the final binding site plan.
3. Action to not approve a final binding site plan as provided in subsection (C)(2) of this section shall be accompanied by findings indicating the standards not met and general direction regarding how those standards can be met if the developer intends to proceed with submittal of a revised final binding site plan application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.090 Dedications and binding site plan agreement.
A. No final binding site plan shall be approved unless adequate provision is made for the dedication or reservation of drainage ways, streets, alleys, easements and other general purposes as may be required by the SEPA process.
B. Subsection (A) of this section notwithstanding, it is understood that many of the facilities in a binding site plan, including access ways and utilities, will be privately owned and not dedicated to the public for operation and/or maintenance.
C. All infrastructure facilities in a binding site plan will be subject to a binding site plan agreement that provides for the ongoing operation and maintenance of all required infrastructure including but not limited to the following:
1. Access ways, internal circulation routes, vehicle maneuvering areas, parking lots and related facilities.
2. All water and sewer system components not dedicated to the city. If internal systems are dedicated to the city, they must be accompanied by easements that provide for city access and operations necessary for maintenance of the public facility. The easement document shall provide that the city is responsible for the cost of maintenance of the main, but is not responsible for the cost of replacement of the overlying private access way, parking lot, or other facility disrupted by the city’s maintenance activity.
3. All stormwater management facilities.
4. All required internal traffic direction infrastructure including signs, painted lane striping and directional information and required safety lighting.
5. All other infrastructure specifically required as a condition of approval of the preliminary binding site plan.
D. The binding site plan agreement shall include the following:
1. A list and description of all mandatory components of the development, meaning those facilities and infrastructure that are required as a condition of approval of the project.
2. The agreement shall specify that the developer and/or all subsequent property owners are responsible for ongoing operation, maintenance and financial support of all mandatory components.
3. A statement that the city is authorized to undertake, by contract with third parties, any and all operation and maintenance of mandatory components that are not satisfactorily addressed by the developer and/or subsequent property owners.
4. A statement that the city has the right to bill the developer and/or subsequent property owners for all costs incurred in activities related to maintaining mandatory components of the development as specified in subsection (D)(3) of this section, which shall include a 15 percent administrative overhead charge in addition to the cost of any third-party contracts.
5. A statement that the city has the right to place liens against any and all property in the development for recovery of costs associated with activities described in subsections (D)(3) and (4) of this section if the developer and/or subsequent owners fail to pay the bills submitted to them by the city within the time specified on the billing.
6. A statement that the developer shall record the binding site plan agreement as part and parcel of the approved binding site plan and that the developer and all subsequent property owners are bound by its provisions on an ongoing basis.
7. If any dedications are required, they shall be specifically identified on the plat document at the time of approval. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.100 Transfer of ownership.
See SMC 19.02.100. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.110 Building and occupancy conditions.
A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved binding site plan until:
1. The minimum required improvements which will serve the subject lot or parcel have been constructed in accordance with SMC 19.18.160; and
2. All remaining improvements have been financially guaranteed under the requirements of SMC 19.18.170. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.120 Release of improvement guarantee or maintenance surety.
A. If a financial surety for improvements has been submitted under SMC 19.18.170, such guarantee shall only be released upon all of the following:
1. Acceptance by the city of a properly executed bill of sale for such improvements;
2. Acceptance of such improvements by the city engineer based on a determination that the improvements meet the standards required by the binding site plan approval and any applicable city development standard documents.
B. To ensure the adequate operation of required infrastructure improvements, a maintenance bond equivalent to 20 percent of the value of the improvements required by SMC 19.18.160 shall be provided by the developer to the benefit of the city as a maintenance guarantee for a minimum period of two years from the date the city engineer certifies the completion of the plat improvements have been satisfied. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.130 Survey requirements.
A. A licensed professional land surveyor shall complete all lot staking prior to the recording of the final binding site plan.
B. All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor’s registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city engineer.
C. When the legal description of the final binding site plan utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the final binding site plan corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey.
E. When the final binding site plan is adjacent to a constructed public right-of-way and the plat corners or its offset represent a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed.
F. Whenever a final binding site plan is adjacent to existing right-of-way, the centerline of the right-of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.
(Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.140 Recording requirements.
A. When the proposed final binding site plan receives final approval, the applicant, within 15 days from the date of approval, shall record the approved binding site plan and development agreement with the Snohomish County auditor.
B. A recorded Mylar or digital copy of the recorded documents shall be returned to the city and kept with the city’s records.
C. The city shall also be provided with three paper copies of the recorded binding site plan and development agreement within five working days of recording. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.20.150 Amendment, modification and vacation.
A. Minor Amendments to the Approved Preliminary Binding Site Plan. Upon approval of a small-scale or large-scale preliminary binding site plan, the applicant may make minor modifications prior to the final submittal(s). Modifications that qualify for minor review by the director are limited to the following:
1. Minor adjustments of common property lines between parcels.
2. Location of stormwater management facilities within areas designated for this function on the general plan.
3. Other minor adjustments of design features or landscaping components that result in continued conformance with the general binding site plan.
B. Amendment, modification and vacation of a general binding site plan that exceeds the limitations in subsection (A) of this section shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. The vacated portion shall be consolidated to constitute one lot. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))