Chapter 17.25


17.25.010    Purpose.

17.25.020    Applicability.

17.25.025    Administration.

17.25.027    Low impact development (LID).

17.25.030    Complete application.

17.25.033    Additional requirements.

17.25.035    Material errors.

17.25.037    Requirements for noticing.

17.25.040    Decision.

17.25.045    Appeals.

17.25.050    Recording and binding effect.

17.25.060    Amendment, modification and vacation.

17.25.010 Purpose.

The purpose of this chapter is to create a process for developing commercially and industrially zoned property, as authorized by RCW 58.17.035. On sites which are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.010), 1994; Ord. 20 § 1, 1994. Formerly 17.50.010).

17.25.020 Applicability.

A. Any person seeking the use of a binding site plan to divide the person’s property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property is required to apply for, complete and have approved a binding site plan prior to any property division, as provided in Chapter 58.17 RCW and as required by this chapter.

B. The site which is subject to the binding site plan shall consist of one or more contiguous lots legally created.

C. The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.020), 1994; Ord. 20 § 1, 1994. Formerly 17.50.020).

17.25.025 Administration.

The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.070), 1994; Ord. 20 § 1, 1994. Formerly 17.50.070).

17.25.027 Low impact development (LID).

The use of LID best management practices (BMPs) is required in binding site plans where site and soil condition make LID feasible and where approved by the city based on review of material prepared and submitted by the applicant. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

17.25.030 Complete application.

A proposed binding site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a fully completed application is filed with the city.

A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.

B. Applications for binding site plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; Chapter 14.15 NMC, Property Grading Regulations; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the downtown strategic plan; the Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.

C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall be considered fully complete once the department determines that the application contains the following materials:

1. The name and address of the developer.

2. The name, address and seal of the registered engineer or land surveyor.

3. The location by section, township and range or by other legal description.

4. Lists of any other development permits or permit applications having been filed for the site.

5. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.

6. Title Report. A title report dated by the title company within 30 days of the date of submitting this application, confirming that the title of the lands as described and shown on the proposed plat are in the name of the applicant, or in the name of the owner whom the applicant represents.

7. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.

8. Payment of any application fees and development deposits imposed by the city.

9. A complete environmental checklist, if required by the city’s SEPA policies.

10. A statement whether the project is adjacent to state right-of-way.

11. A statement whether the project is within a designated floodplain.

12. A phasing plan and time schedule, if the site is intended to be developed in phases.

13. A minimum 18-inch-by-24-inch topography map.

14. A drainage analysis or other requirement as specified in Chapter 13.10 NMC and the latest adopted version of the city’s Surface Water Design Manual.

15. Site Plan. A scaled site plan of the property proposed to be developed (of a scale clearly legible) is required, including:

a. The scale, datum and northpoint.

b. All zoning and property boundaries within 100 feet of any boundary of the site.

c. The location and size of all proposed lots, tracts and easements, consistent with separately attached plat map.

d. Proposed site improvements and structures.

e. Any existing structures or site improvements intended to be retained on the site.

f. All proposed uses, including existing uses intended to be retained.

g. The location of proposed or existing open space, including any required landscaped areas (show areas only; details of proposed vegetation are to be submitted as a separate landscape plan).

h. The location and identification of critical areas within 300 feet of any boundary of the site.

i. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site.

j. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access.

k. Location of existing and proposed fire hydrants.

l. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site.

m. Location of short-term parking per the requirements of NMC 18.18.085.

n. The location and size of water bodies and drainage features, both natural and manmade, within 500 feet of the site.

o. The location of utilities and drainage systems proposed to serve the site.

p. A layout of sewers and the proposed water distribution system.

q. Proposed easements and access.

16. Elevation Drawings and Floor Plans. A minimum 18-inch-by-24-inch drawing of elevations and floor plans as known. Elevation drawings must include post-construction treatment of both occupied and unoccupied areas of the building envelopes, and must show location of any proposed signage on the buildings.

17. Plat Map. A minimum 18-inch-by-24-inch drawing of a map labeled, “Plat of Binding Site Plan” (insert name of plan) showing only existing and proposed lot and tract lines, easement lines (including necessary maintenance and/or construction easements for buildings with zero setbacks from property lines), right-of-way lines, dimensions, bearings, monuments, lot numbers, and other descriptions and illustrations of how the binding site plan is to be legally accessed, divided and described, consistent with separately attached site plan required under subsection (C)(15) of this section. The plat map shall include:

a. The boundary lines of the tract to be platted and the proposed interior lot lines, and relationship to adjacent properties.

b. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field, referenced to the Washington Coordinate System, WM Zone.

c. Location of monuments or evidence used as ties to establish the boundaries.

d. The boundary and dimensions of the “original tract,” including its bearings and length of all boundary lines, assessor’s parcel number, section, township and range.

e. Any necessary easements for improvements to be retained on the site including, but not limited to, structures, utilities, stormwater systems, and underground storage tanks.

f. Location and dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the binding site plan, and applicable city or county file numbers.

g. The width and location of access to all lots proposed.

h. The number or designation assigned to each lot.

i. The boundaries of all lands reserved in the deed for common use of the property owners of the plat or dedicated to the public.

j. Certificates. Plat map shall include certificates for (i) the surveyor, (ii) the city engineer, (iii) the city community development director, (iv) the county treasurer, and (v) the county auditor.

k. Proposed easements and road dedications.

l. Corner staking and survey performed by a registered land surveyor, with corner markers reflected on the plan.

18. Utilities Plan. A minimum 18-inch-by-24-inch drawing of a utilities plan showing the location and size of utility trunk lines, lateral lines, water, electric, gas, and telecommunication lines, utility vaults and transformers both existing and proposed to serve the site.

19. Grading Plan. A minimum 18-inch-by-24-inch drawing of a grading plan showing proposed clearing and tree retention and the existing and proposed topography, including existing and/or proposed retaining walls, detailed to two-foot contours, unless smaller contour intervals are otherwise specified by the city code.

20. Landscape Plan. A minimum 18-inch-by-24-inch drawing of a landscape plan showing existing vegetation to be retained, proposed new vegetation, an irrigation plan, and proposed locations of all utilities, drainage systems and retaining walls in relation to proposed landscaping materials (consistent with separately attached utilities, drainage, and grading plans).

21. A significant tree retention plan per the requirements of NMC 18.16.140.

22. Lighting Plan. A lighting plan showing the location, height and type of all luminaries and security lights in relation to proposed site improvements and landscaping, including photometric details.

23. Master Sign Plan. A master sign plan as specified in NMC 18.20.060, showing proposed locations of signage (both freestanding and on buildings), describing how total allowable signage will be allocated among each tenant space and/or use, and describing any common design elements of signage as proposed by the applicant and/or required by code.

24. Proposed Restrictions. Draft covenants, conditions and restrictions labeled “CC&Rs” or any other restrictions or easements that may apply.

25. Common Areas and Maintenance (CC&Rs). Submit draft CC&Rs that establish an owner’s association, including its bylaws, that define the maintenance responsibilities of the owner’s association for all common tracts, structures and/or improvements, and that permit the collection of fees (dues) for the purpose of funding the activities of the owner’s association relating to the maintenance and/or replacement of all common landscaping, structures and improvements.

26. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.

27. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2020-611 § 4; Ord. 2019-588 § 3; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (33.030), 1994; Ord. 20 § 1, 1994. Formerly 17.50.030).

17.25.033 Additional requirements.

The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1).

17.25.035 Material errors.

An application found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1).

17.25.037 Requirements for noticing.

The notice requirements of Chapter 19.11 NMC shall be applicable to review this chapter as a Type II permit. (Ord. 2005-305 § 1).

17.25.040 Decision.

A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decisions shall include any conditions to ensure consistency with the city’s development regulations based on the following but not limited to:

1. A finding that the binding site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply.

2. A finding that the proposed binding site plan complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted regulations and administrative rules.

B. The binding site plan shall contain additional documents as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.

C. The director may authorize sharing of parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms.

D. The decision of the director shall be final. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.040), 1994; Ord. 20 § 1, 1994. Formerly 17.50.040).

17.25.045 Appeals.

The director’s decision regarding binding site plan applications may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1).

17.25.050 Recording and binding effect.

A. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor licensed in the state of Washington. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.

B. The approved binding site plan recording forms shall include the following, in the format prescribed by the director:

1. Name of binding site plan.

2. Location by section, township and range, or by other legal description.

3. The name and seal of the registered engineer or the registered land surveyor.

4. Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearings can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved.

5. Boundary of plat based on an accurate traverse, with angular and lineal dimension.

6. Exact location, width, and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials.

7. True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat.

8. Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses.

9. Radii, internal angles, points of curvature, tangent bearings and lengths of all areas.

10. All easements for rights-of-way provided for public service or utilities.

11. Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose.

12. Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and 24 inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at locations to complete a continuous line of sight and at such other locations as required by the city engineer.

13. All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark.

14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and any areas to be reserved by deed covenant for common uses of all property owners.

15. Building setback lines accurately shown with dimensions.

16. Notarized signatures of all persons having an ownership or security interest in the land.

17. Approval of the city engineer.

18. Approval of the director.

19. Repealed by Ord. 2019-598.

20. One electronic copy of the final plat, as approved by the director, shall be submitted to the director of the department in a format specified by the director.

21. Payment of any application fees and deposits imposed by the city.

C. The director shall examine and sign the approved binding site plan if it conforms with the approved binding site plan and all conditions of approval. Binding site plan record of survey shall be recorded with the King County records and elections department.

D. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

E. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW. (Ord. 2019-598 § 8; Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.050), 1994; Ord. 20 § 1, 1994. Formerly 17.50.050).

17.25.060 Amendment, modification and vacation.

Except as provided in NMC 17.15.010, amendment, modification and vacation of a binding site plan 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. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.060), 1994; Ord. 20 § 1, 1994. Formerly 17.50.060).