Chapter 18.20
BINDING SITE PLANS1
Sections:
18.20.010 Subdivisions requiring binding site plan.
18.20.030 Determination of completeness.
18.20.050 Director’s decision.
18.20.070 Identification of other restrictions.
18.20.080 Alteration of binding site plan.
18.20.010 Subdivisions requiring binding site plan.
Division of any land for sale or lease which is classified for commercial, business, office, or industrial development, or which is to be developed as a manufactured home park shall be required to obtain an approved binding site plan in accordance with this and other ordinances of the city. Binding site plans are required for condominium development only where a division of land is required to segregate property.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.420), 2-27-90. Code 2001 § 20-61.)
18.20.020 Application.
(1) Applications for binding site plans shall be submitted according to the requirements for content and form for short subdivisions stated in Chapter 18.30 FWRC.
(2) Applications shall be at a scale of no less than one inch represents 100 feet and shall clearly show lot and parcel sizes, building envelopes, open space and buffers, road rights-of-way (whether public or private), utility easements, and other information pertinent to the development as required by the director of community development services.
(3) Applications shall be processed under the provisions of short subdivisions in Chapter 18.30 FWRC.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.430.10 – 16.430.30), 2-27-90. Code 2001 § 20-62.)
18.20.030 Determination of completeness.
(1) Completeness.
(a) Within 28 calendar days of receiving an application, the city must determine whether the application is complete. The city will apply FWRC 18.20.020 to determine completeness. If the city deems the application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this subsection.
(b) Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or whether additional information is necessary.
(2) Additional information. Issuance of a letter of completeness shall not preclude the city from requesting additional information or studies either at the time of the letter of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-63.)
18.20.040 Plan review.
Binding site plans shall be reviewed for conformance with FWRC 18.05.020, design criteria and development standards set forth in Chapter 18.55 FWRC, and FWRC 18.60.030 through 18.60.120, any other applicable ordinances or regulations of the city, and Chapter 58.17 RCW.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.430.40), 2-27-90. Code 2001 § 20-64.)
18.20.050 Director’s decision.
(1) General.
(a) Coordination with decisions under the State Environmental Policy Act. If a SEPA threshold determination is required to be issued, the threshold determination must follow the end of the public comment period on the project permit application, but precede the director’s decision on binding site plan application. If the SEPA threshold determination is appealed, the director’s decision on the binding site plan shall be issued sufficiently in advance of the open record hearing on the threshold determination appeal to allow any appeal of the binding site plan decision to be consolidated and heard with the appeal of the threshold determination.
(b) Timing. The director will endeavor to issue his or her decision on the binding site plan within 120 days of the issuance of the letter of completeness issued pursuant to FWRC 18.20.030, except that the following periods shall not be included in the calculation of the 120-day period:
(i) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made.
(ii) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
(iii) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing and 60 days for a closed record appeal. The parties to an appeal may agree to extend the 90- or 60-day periods, respectively.
(iv) Any extension of time mutually agreed upon by the applicant and the city.
(2) The 120-day time period does not apply if a binding site plan application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if a binding site plan application is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under FWRC 18.20.030.
(3) If the director is unable to issue his or her final decision on the binding site plan application as provided in this subsection, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-65.)
18.20.060 Recordation.
(1) Approved applications shall be recorded by the city with the county department of elections and records. All fees for such recording shall be paid by the applicant. A copy of the documents, stamped with the recording number, shall be forwarded to the county department of assessments for assessment purposes.
(2) Binding site plans shall be recorded consistent with Chapter 58.09 RCW.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.430.50), 2-27-90. Code 2001 § 20-66.)
18.20.070 Identification of other restrictions.
Where the binding site plan is governed or regulated by a specific zoning ordinance, the number of such ordinance shall appear on the face of the binding site plan. Additionally, the recording number of any covenants, deeds, or restrictions which affect the property shall be shown on the face of the binding site plan.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.430.60), 2-27-90. Code 2001 § 20-67.)
18.20.080 Alteration of binding site plan.
Alteration of an approved binding site plan shall follow the same process and requirements set forth in this chapter for the approval of a binding site plan.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-68.)
Cross reference: Site plan review procedure, Chapter 19.60 FWRC.State law reference: Binding site plans, RCW 58.17.035.