Chapter 16.40 BINDING SITE PLANS

Chapter 16.40
BINDING SITE PLANS

Sections:

16.40.010 Administration.

16.40.020 Application and review.

16.40.030 Final binding site plan.

16.40.040 Standards.

16.40.050 Bonds.

16.40.060 Variances from code requirements.

16.40.070 Alterations, vacations, and appeals.

16.40.010 Administration.

(1) Title. The ordinance codified in this chapter shall be known as “The Binding Site Plan Ordinance of the City.”

(2) Authority. These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and city ordinances.

(3) Purpose. It is the intent and purpose of this chapter to establish an alternative process to subdividing and short subdividing of land as required in other sections of this title. The binding site plan review process is approval of division of land with an overall site plan. The binding site plan will promote the harmonious development of such properties in a manner that will have the most beneficial relationship between the development of the land and such things as the circulation of traffic, the effective use of utilities, adequate landscaping, parking, loading, refuse disposal, outdoor storage, and pedestrian flow.

(4) Applicability. Any person, firm, corporation or other entity which does not divide their property in compliance with other sections of this title and seeks to divide business, commercial, or industrial zoned land for the purpose of sale, lease, or transfer of ownership may apply for and complete a binding site plan under the provisions of this chapter.

(5) Administration. The planning director or his designee shall have the duty and responsibility of administering the provisions of this chapter. (Ord. 1110 § 2, 2002).

16.40.020 Application and review.

(1) Pre-Application Meeting. Prior to submittal of a binding site plan application for consideration by the city, the applicant may request a pre-application meeting with the city staff on the express conditions that the city, its officers and employees shall be held harmless and released from any claims for damages arising from discussions at said pre-application meeting. The city and the applicant may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, environmental constraints and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant.

(2) Preliminary Drawings.

(a) Preliminary Binding Site Plan. The applicant shall provide a preliminary drawing to scale showing lot layout, dimensions, circulation, building location, parking, landscaping and utilities.

(b) Legal Description. The applicant shall provide a legal description of the property.

(3) Scheduling of Meeting. All information set forth in subsection (2) of this section must be provided to the city before a pre-application meeting may be scheduled.

(4) Application Submittal.

(a) Fees. The applicant shall pay the required fees set by Chapter 3.30 SMC when submitting the binding site plan application to the planning department.

(b) Application Documents. An applicant for a binding site plan shall submit an application form as prescribed by the city, legal description of the property, a vicinity map, declaration of ownership, two sets of mailing labels with the names and addresses of the adjacent property owners, a SEPA checklist and fee, and five sets of the proposed binding site plan.

(5) Review Process. The planning department shall transmit copies of the binding site plan application to the city engineer, other city departments, and any outstanding agencies with jurisdiction for their review and recommendations.

(6) Factors Considered by City Departments. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

(a) Comprehensive Plan – whether the proposed binding site plan and development of the parcel conforms to all elements of the Comprehensive Plan.

(b) Zoning – whether the proposed binding site plan meets the zoning regulations.

(c) Physical setting – whether the binding site plan properly takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site.

(d) Public services – whether adequate services are available, including:

(i) Adequate water supply.

(ii) Adequate sewage disposal.

(iii) Appropriate storm drainage improvements.

(iv) Adequate fire hydrants.

(v) Appropriate access to all anticipated uses within the plan.

(vi) Provisions for all appropriate deeds, dedications, and/or easements.

(vii) Examination of the existing streets and utilities and how the proposed binding site plan relates to them.

(e) Environmental issues – examination of the project through the SEPA process and a determination of whether the proposed binding site plan complies with the SEPA requirements.

(7) Written Comments.

(a) Written comments shall be submitted to the planning department within the requested time period.

(b) Upon receipt of the comments, the planning staff shall compile a written staff report for approval by the planning director.

(c) Binding site plans shall be approved by the planning director and improvements consistent with the binding site plan shall be approved administratively.

(8) Public Notice.

(a) Notice to Contiguous Property Owners. The city shall send contiguous property owners notice that the binding site plan application has been filed with the city. The city shall only be required to send notice to those individuals who are listed on the property owner’s form which are real property owners as shown by the records of the county assessor. Notice is deemed sent once placed in the mail. Contiguous property owners shall have 10 working days from the date of mailing in which to submit written comments to the planning agency concerning the proposed binding site plan.

(b) The city shall also post one notice on the site for each adjoining right-of-way. The notice shall be visible from the right-of-way.

(c) Optional Notice. When a SEPA review is required, notice shall be the same as described in Chapter 17.149 SMC pertaining to SEPA. This will be used instead of subsections (8)(a) and (b) of this section.

(9) Time Limitation. The applicant must complete the development and all conditions of the binding site plan approval within three years following the date of preliminary approval, after which time the approval is void. An extension may be granted by the planning director for one year if the applicant has attempted in good faith to complete the requirements of preliminary approval within the original time period; provided, however, the applicant must file a written request with the planning director requesting the extension at least 30 days prior to the expiration of the original time period. (Ord. 1110 § 2, 2002).

16.40.030 Final binding site plan.

(1) The final binding site plan shall be drawn on mylar drafting film having dimensions of 18 inches by 24 inches and must include the following:

(a) The name of the binding site plan;

(b) Legal description of the entire parcel;

(d) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(e) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

(f) Number of each lot and each block;

(g) Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

(h) Zoning setback lines, building sites when required by city;

(i) Location, dimensions and purpose of any easements, notifying if the easements are private or public;

(j) Location and description of monuments and all lot corners set and found;

(k) Datum elevations and primary control points approved by the public works department;

(l) Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;

(m) A dedicatory statement acknowledging public and private dedications and grants;

(n) Parking areas, general circulation, landscaping areas when required;

(o) Proposed use and location of buildings when required;

(p) Loading areas when required;

(q) Other restrictions and requirements as deemed necessary by the city.

(2) Accompanying the binding site plan shall be the following:

(a) A certificate giving a full and correct legal description of the lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in accordance with the desires of the owners. If the binding site plan is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private, as shown on the binding site plan and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land divided and recorded as part of the final binding site plan.

(b) A survey must be performed for every binding site plan and certified by a licensed surveyor, licensed in the state of Washington, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law.

(c) Binding Site Plan Title Report. All binding site plans shall be accompanied by a title company certification (current within 30 days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan.

(3) Record with Auditor. When the city approves the proposed binding site plan, the applicant shall record the original of said binding site plan with the Snohomish County auditor. The applicant will also furnish the city with one reproducible mylar copy and one paper copy.

(4) Development. All development must be in conformance with the recorded binding site plan. Development is subject to the time constraints of SMC 16.40.020(9). (Ord. 1110 § 2, 2002).

16.40.040 Standards.

(1) Standards for Binding Site Plans. No binding site plans shall be approved unless appropriate provisions are made for, but not limited to:

(a) The public health, safety and general welfare.

(b) Public use reservations.

(c) Street right-of-way, realignment, dedication or widening. If the city concludes that the street right-of-way adjacent to a proposed binding site plan is inadequate for widening, and realignment of the existing street is necessary as a direct result of the proposed development, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way. Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a binding plan as authorized by Chapter 82.02 RCW.

(d) All applicable provisions of the zoning code.

(2) Survey Required for Binding Site Plans.

(a) A survey must be conducted by or under the supervision of a Washington State registered land surveyor. The surveyor shall certify on the binding site plan that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(b) In all binding site plans, lot corner must be set before final approval can be granted.

(d) In all binding site plans, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(e) In all binding site plans, where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements.

(f) Dedication. Any dedication, donation or grant as shown on a binding site plan shall be considered a statutory warranty deed to the said grantee for the use intended.

(3) Design and Improvement Standards.

(a) Design with Environment. The design and development of binding site plans shall preserve the natural drainage, existing top soil, trees, natural vegetation, and wetlands to the maximum extent possible. Information generated through the environmental review process will be used in designing the development in such a way as to mitigate potential adverse environmental impacts.

(b) Development with Existing Structures. In reviewing any project, all existing structures shall comply with the standard of this title and zoning code requirements. However, if the structures are nonconforming, the applicant shall bring the project into compliance to the maximum extent possible. This title does not allow the applicant to make a structure more nonconforming.

(c) Site-Specific Energy. The use of the site-specific energy schemes shall be encouraged that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions.

(d) Floodplain Regulations. Land located in the floodplain shall be developed in accordance with floodplain regulations.

(e) Landscaping. Landscaping shall be required on all projects per zoning code requirements and city standards.

(f) Parking. The number of parking stalls shall be provided per zoning code requirements. All parking lots shall be paved and designed per city standards.

(g) Loading Areas. Loading areas shall be provided per zoning code requirements.

(h) Outdoor Storage. Outdoor storage areas shall be fully screened from view from all streets and residential-zoned property.

(i) Signs. All signs shall be per zoning code requirements and city sign ordinance. All signage shall be approved by the city and integrated into the building design and the overall site plan.

(j) Lots.

(i) Lot arrangement shall be related to the natural features of the site and provide a suitable building site.

(ii) Lots in general in a binding site plan do not have to meet lot requirements of the zoning code, as long as the city has approved the overall binding site plan.

(k) Building Setbacks. All setbacks for structures shall be the same as the zoning code; provided, however, when the city has approved a binding site plan, interior lots need not meet zoning code requirements.

(l) Fire Hydrants.

(i) Fire hydrants shall be installed per city hydrant requirements.

(ii) Fire hydrants must be approved and operating prior to wood framing of buildings.

(iii) Each building or building site shall meet the city hydrant code requirements for distance. All distance shall be measured along rights-of-way accessible to fire department vehicles.

(m) Access and Circulation.

(i) Ingress, egress, and general circulation shall be approved by the city engineer.

(ii) All binding site plans shall provide for integrated pedestrian access between lots, as approved by the planning director.

(n) Streets. Whenever a project is proposed on an existing public street, frontage shall be improved to current city public works and subdivision standards.

(o) Clearing and Grading.

(i) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(ii) Debris and waste such as trees, timber, rocks, stones, junk, rubbish, or other waste materials of any kind shall not be buried in any land or deposited in any surface water.

(iii) All erosion control plans must be in compliance with the City Comprehensive Drainage Plan and Ordinance.

(iv) In critical drainage areas, no clearing of lots shall be allowed until building permits have been issued.

(p) Utilities Improvements.

(i) All utility facilities including but not limited to sewer, water, and drainage shall be installed as required by city ordinance or by the city engineer.

(ii) Utility Improvement Plans. All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer. All plans shall be prepared on reproducible mylar material and presented to the city for approval.

(q) Easements. Permanent easements shall be provided for utilities and other public services whenever requested by the city.

(r) Underground Wiring.

(i) It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire carrying poles being henceforth developed under this title.

(ii) All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in an underground location either by direct burial or by means of conduit or ducts with the exception of the fire alarm system, providing service to each lot or potential building site in the plat.

(iii) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(iv) If the appropriate utility company determines that an underground system as proposed above cannot reasonably be installed according to accepted engineering practices, this requirement may be waived upon receipt of a written notice from said utility to the city engineer.

(v) All utility easements within a proposed binding site plan shall be approved by the appropriate utility company before final acceptance of the binding site plan and shall be shown in their exact location on the final drawing of said plan.

(vi) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 KV or more, nor shall it be construed to prohibit the placement of padmounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved.

(4) Acceptance of Improvements. The city engineer is hereby authorized to accept all improvements and/or right-of-way dedication required in this title on behalf of the city. (Ord. 1110 § 2, 2002).

16.40.050 Bonds.

(1) Performance Bond.

(a) In lieu of completing the required improvements, the applicant may request final approval, subject to the approval of a suitable guarantee. The guarantee must be in a form acceptable to the city and in an amount commensurate with improvements to be completed. The amount of the guarantee is established at 150 percent of the cost of the city having to construct the improvements.

(b) Guarantee funds will not be released by the city unless approval has been received from all applicable departments that are reasonable for acceptance and/or maintenance of such improvements.

(2) Maintenance Bonds for Acceptance of Final Improvements. At the time of final acceptance of the improvements, the applicant shall provide to the city a two-year maintenance bond at 20 percent of the established final cost of the improvements. (Ord. 1110 § 2, 2002).

16.40.060 Variances from code requirements.

The planning director or public works director may accept some variations in code requirements when the binding site plan allows for viable sharing of facilities, including parking, landscaping, pedestrian access, and utilities. (Ord. 1110 § 2, 2002).

16.40.070 Alterations, vacations, and appeals.

(1) Alterations. Once a binding site plan is recorded, any deviations from the site plan shall require the filing of an amended binding site plan. The application materials, procedures, review criteria, standards, etc., shall be the same as for the initial binding site plan.

(2) Vacation of a recorded binding site plan shall be approved by the planning director prior to recording.

(3) Appeals of binding site plans shall be allowed as provided in SMC 17.80.140 and 17.80.160. (Ord. 1110 § 2, 2002).