Chapter 16.30
BINDING SITE PLANS
Sections:
16.30.020 Permit decision and appeal process.
16.30.030 Criteria for approval.
16.30.040 Certification of segregation.
16.30.010 Scope.
Any land designated exclusively for commercial or industrial development in accordance with this code which is being divided for the purpose of sale, lease, or other transfer of ownership when more than one principal building is to be constructed on one lot of record shall conform to the procedures and requirements of this chapter if the applicant wishes to exercise the subdivision exemption authorized by MMC 16.04.015(D)). (Ord. 1741 § 19, 2009).
16.30.020 Permit decision and appeal process.
The hearing examiner shall approve, deny or approve with conditions applications for binding site plans pursuant to Process Type IV (Chapter 17.71 MMC). (Ord. 1741 § 19, 2009).
16.30.030 Criteria for approval.
Every binding site plan shall comply with the provisions of this chapter and the sections hereof.
A. Access Standards for Binding Site Plans.
1. The land use administrator shall review the proposed permit for adequate ingress and egress to all proposed lots for both vehicles and pedestrians. The administrator may require the extension of streets or access rights from the property line to property line of the binding site plan to ensure the feasibility of future extension of the circulation system.
2. The land use administrator may limit the location of direct access to city arterials or other city streets if there is other reasonable access available.
3. The public works director will deny any access not meeting city standards.
4. The face of the binding site plan shall include a notification of any obligation by an adjoining landowner to construct or maintain an access.
B. Access Standards. Private streets, access corridors, and tracts may be approved by the land use administrator, in consultation with the public works director and fire marshal.
1. The minimum width for an access tract or an access corridor serving one or two lots is 20 feet with a minimum pavement width of 14 feet unless the access is needed for a fire lane. If the access is needed for a fire lane, a minimum width of 30 feet with a minimum pavement width of 20 feet is required. The minimum width of an access tract or corridor that serves three or four lots is 30 feet with a minimum pavement width of 20 feet. Parking is prohibited within a panhandle, access tract, access corridor or fire lane.
2. The land use administrator may require greater width to address the need for such items as parking, drainage, or emergency access. The administrator may also permit a lesser width for 30-foot-wide access corridors to address constraints such as critical areas or existing parcel boundaries.
C. The granting of the proposed permit will not be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed plat is to be located.
D. The proposal is consistent and compatible with the intent of the goals, objectives and policies of the city’s comprehensive plan.
E. The proposal must protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community. To accomplish this, the applicant must mitigate any hazardous conditions introduced to the site.
F. Adequate public facilities and services must support the binding site plan. The city may impose conditions to ensure the use does not adversely affect those facilities or services.
1. The applicant must demonstrate how on-site drainage will conform to Chapter 13.26 MMC (Storm Drainage of Surface Water – Utility, Management and Maintenance) and the applicable public works development standards and regulations.
2. The public works director shall consider factors including, but not limited to, sight distance at points of access/egress, and any improvements identified in the most recently adopted city of Milton transportation improvement plan.
3. The applicant must demonstrate the availability of public services necessary for the support of the proposal to the land use administrator. These may include, but shall not be limited to, availability of utilities, transportation systems (including vehicular, pedestrian and public transportation systems), and police and fire facilities. The public works director shall review all utilities design and installation against the applicable development regulations and the public works development standards and regulations.
G. Provision of fire hydrants must conform to the requirements of IFC Appendix C and any applicable public works development standards and regulations.
H. The applicant has provided all required SEPA environmental documentation pursuant to MMC Title 18. The SEPA responsible official (MMC 18.04.060) may adopt any existing environmental documents or incorporate those documents by reference.
I. The proposed binding site plan must, at a minimum, meet the following requirements, as applicable:
1. Parking areas design shall conform to Chapter 17.48 MMC, Off-Street Parking and Loading. Additionally, the design shall minimize impact of headlight glare from internal traffic on adjoining streets or residential uses.
2. For applications containing possible residential uses, or if the site abuts an existing residential use, the applicant must construct, and the city approve, a solid visual and noise barrier composed of fencing and landscaping prior to occupancy.
J. Adequate public facilities and services must support the use.
1. On-site drainage shall conform to Chapter 13.26 MMC, Storm Drainage of Surface Water – Utility, Management and Maintenance, and the applicable public works development standards and regulations – and all best management practices for grading erosion control.
2. The proposal meets all adopted city standards for: water connection and distribution including fire standards; sewers to applicable standards; dry utilities; and planting and landscaping including irrigation.
K. The city is able to monitor and enforce all conditions of approval and all inspections necessary to lessen any impacts of the proposed construction. The applicant may propose privately funded special inspectors from the city’s approved list for this purpose.
L. Performance Guarantees. This section applies to the required performance guarantees for all binding site plans. The public works director may prescribe the form of the performance guarantee and establish the amount, format and terms of any required maintenance security per Chapter 16.04 MMC (General Provisions). (Ord. 1741 § 19, 2009).
16.30.040 Certification of segregation.
If a building permit is requested for construction within any approved binding site plan, the land use administrator shall, prior to or concurrently with the issuance of the building permit, issue a document entitled “certificate of segregation” stating that the segregation or construction substantially complies with the approved plan. The portion of the plan for which the building permit is requested shall be legally described in the certificate. (Ord. 1741 § 19, 2009).