Chapter 17.35


17.35.010    Purpose.

17.35.020    Applicability.

17.35.030    Administration.

17.35.035    Low impact development (LID).

17.35.040    Complete application.

17.35.050    Additional requirements.

17.35.055    Material errors.

17.35.060    Requirements for noticing.

17.35.100    Decision.

17.35.110    Appeals.

17.35.010 Purpose.

The purpose of this chapter is to establish a permit process for the development of property with residential (other than single detached), recreational/cultural, general services, business services, retail, manufacturing, and regional land uses where a division of property is not proposed under this title. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.010).

17.35.020 Applicability.

A. Any person seeking to develop property with a use listed in NMC 17.35.010 is required to apply for, complete and obtain approval of a site plan prior to any property development, as required by this chapter.

B. The site that is being reviewed pursuant to this chapter shall consist of one or more contiguous lots legally created. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.020).

17.35.030 Administration.

The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions and requirements of this chapter. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.120).

17.35.035 Low impact development (LID).

The use of LID best management practices (BMPs) is required in subdivisions where site and soil conditions 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).

17.35.040 Complete application.

A proposed 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 department. A complete application for site plan review shall consist of:

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 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; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the Community Business Center/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 include:

1. The location, layout and dimensions of the proposed development.

2. Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the binding envelopes).

3. Proposed and existing hard surface coverage.

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

5. The name and address of the developer.

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

7. The scale, date and northpoint.

8. The building setback lines for the proposed development.

9. All proposed and existing uses, zoning and property boundaries within 100 feet of any boundary of the site.

10. The location and identification of critical areas within 500 feet of any boundary of the site.

11. The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site.

12. The location and size of utility trunks serving the site.

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

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

15. A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested.

16. A layout of sewers and proposed water distribution system.

17. The layout of streets, their names and widths of easements. The names of the streets shall conform to the names of corresponding streets and to the general system of naming used by the city of Newcastle.

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

19. A downstream analysis or other requirements as specified in Chapter 13.10 NMC and the latest adopted version of the King County Surface Water Design Manual.

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

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

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

23. A copy of the most current assessor’s map obtained from the King County department of assessments.

24. A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years.

25. A list of any other development permits or permit applications having been filed for the site.

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

27. Location and brief narrative of proposed LID BMPs, if applicable.

28. Soils information.

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

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2019-588 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.040).

17.35.050 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 site plan review 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 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; Ord. 2001-247 § 1. Formerly 18.42.050).

17.35.055 Material errors.

Applications 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).

17.35.060 Requirements for noticing.

The notice requirements of Chapter 19.11 NMC shall be applicable to review under this chapter as a Type II permit. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.060).

17.35.100 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 decision shall include any conditions to ensure consistency with the city’s development regulations based on the following, but not limited to:

1. Conformance of the proposed site plan with an approved building permit, any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.

2. A finding that the site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of rights-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.

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

B. Additional documents shall be submitted as necessary for review and approval such as a plat certificate, boundary survey, agreements, easements, and covenants.

C. The decision of the director shall be final.

D. The decision shall become effective 10 calendar days after the decision has been mailed, or if an appeal is filed under NMC 17.35.110, upon completion of the appeal.

E. A site plan approval automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit and fails to make substantial progress towards completion within 24 months of the effective date of the site plan approval. “Substantial progress” includes the following: completion of grading and the installation of major utilities. The director may grant a single extension of up to 90 days.

F. All construction and site development activities related to the site plan review are prohibited until the decision becomes effective and until authorized by any subsequent required permits. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.100).

17.35.110 Appeals.

The director’s decision regarding site plan review may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.110).