Chapter 20.05
BINDING SITE PLANS
Sections:
20.05.010 Purpose and applicability.
20.05.030 Procedure for preliminary binding site plan.
20.05.040 Requirements for a complete application.
20.05.050 Review of binding site plan application.
20.05.060 Criteria for approval.
20.05.080 Time limitation for final decision.
20.05.090 Effect of preliminary binding site plan approval – Expiration.
20.05.100 Deadline for submission of final binding site plan application.
20.05.110 Revisions to an approved preliminary binding site plan.
20.05.010 Purpose and applicability.
The purpose of this chapter is to establish the binding site plan procedure, as an alternative to the procedures for subdivision of land, for the following limited circumstances only:
A. To divide land for sale or lease of commercially or industrially zoned property;
B. To divide land for lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land; and/or
C. To divide land into lots or tracts if a portion or all of the land will be subject to the procedures for condominiums in Chapter 64.32 (the Horizontal Property Regimes Act (Condominiums)) or 64.34 (the Condominium Act) RCW. (Ord. 2021-633 § 2).
20.05.020 Administration.
The director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve or disapprove proposed preliminary and final binding site plans without a hearing in accordance with this chapter. (Ord. 2021-633 § 2).
20.05.030 Procedure for preliminary binding site plan.
The following steps shall be followed in the processing of preliminary binding site plan applications:
A. NMC 19.09.030, determination of complete application;
B. NMC 19.11.010, notice of application;
C. Chapter 14.05 NMC, SEPA;
D. NMC 20.05.060, determination of consistency with approval criteria;
E. NMC 19.09.050, notice of decision; and
F. NMC 19.15.010, administrative appeal (if any). (Ord. 2021-633 § 2).
20.05.040 Requirements for a complete application.
The following materials shall be submitted to the city for a complete preliminary binding site plan application:
A. Application Form. One digital copy of an application on a form provided by the city along with the applicable fee as established by the city in a resolution for this purpose. The application form shall be completed and contain the following information:
1. The proposed name of the proposed binding site plan, which shall not be the same as the name of any other subdivision or development in the city;
2. Name, address, and telephone number of the subdivider and of the owner(s) of the property to be subdivided;
3. Signature of the applicant;
4. Signature(s) of property owner(s) or owner’s authorized representatives(s);
5. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property;
6. Legal description of the property to be subdivided; and
7. Other information specified and requested on the application form;
B. Title Report. A title report dated by the title company within 30 days of the date the application was submitted to the city, confirming that the title of the lands as described and shown in the plat is in the name of the applicant;
C. Lot Descriptions. Legal descriptions of all proposed lots, boundaries, and approximate dimensions, including square feet of lot area for all lots and parcels within the application, together with the numbers to be assigned to each lot;
D. Certificate of Consent and Dedication. A certificate or separate written instrument giving full and complete descriptions of the lands divided as they appear on the binding site plan, including a statement that the binding site plan has been made with free consent and in accordance with the desires of the owner(s). If the binding site plan includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), 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 any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands divided;
E. Site Plan. One digital copy of an 18-inch by 24-inch drawing containing the following information:
1. The location and size of all proposed lots, tracts, and easements, consistent with separately attached plat map required in subsection (F) of this section;
2. Proposed site improvements and structures;
3. Any existing structures or site improvements intended to be retained on the site;
4. All proposed uses, including existing uses intended to be retained;
5. 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 required in subsection (I) of this section);
6. The location and identification of critical areas;
7. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site;
8. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access;
9. Location of existing and proposed fire hydrants;
10. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site;
11. The location of utilities and drainage systems proposed to serve the site;
12. The location and size of water bodies and drainage features, both natural and manmade;
13. A layout of sewers and the proposed water distribution system;
14. Proposed easements and access;
15. A master sign plan as specified in NMC 18.20.060; and
16. Depictions of easements, deed restrictions and other encumbrances referenced in subsections (F) and (S) of this section;
F. Plat Map. One digital copy of an 18-inch by 24-inch drawing of a map labeled, “Plat of __________ Binding Site Plan” (insert name of plat) 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), rights-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 (E) of this section;
G. Elevation Drawings and Floor Plans. One digital copy of an 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;
H. Utilities Plan. One digital copy of an 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;
I. Landscape Plan. One digital copy of an 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 and drainage systems in relation to proposed landscaping materials (consistent with separately attached utilities, drainage, and grading plans);
J. Topography Map. One digital copy of an 18-inch by 24-inch topography map;
K. Grading Plan. One digital copy of an 18-inch by 24-inch drawing of a grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to two-foot contours, unless smaller contour intervals are otherwise specified by the city code;
L. Drainage Plan. One digital copy of an 18-inch by 24-inch drawing of a drainage plan which will accommodate the maximum proposed square footage of impervious surface, including the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the city’s stormwater drainage design standards;
M. Drainage Analysis. A downstream drainage analysis or any other requirement specified in the city’s surface water design manual, site development regulations, or surface water policy ordinance;
N. Lighting Plan. One digital copy of 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;
O. SEPA Checklist. A completed SEPA environmental checklist;
P. Common Area Documents. All covenants, easements, maintenance agreements or other documents regarding mutual use of easements, common open space, parking and access;
Q. Sewer Availability Certificate. Sanitary sewer availability certificate from the public sanitary sewer service provider if other than the city, for an area not served by or intended to be served by the city;
R. Water Availability Certificate. Water availability certificate from the water purveyor providing service to the property if other than the city for an area not served by or intended to be served by the city;
S. Existing Encumbrance Documents. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site;
T. Phasing Plan. A phasing plan and time schedule, if the site is intended to be developed in phases;
U. Proposed Restrictions. Draft covenants, conditions, and restrictions labeled “CC&Rs” or any other restrictions or easements that may apply. (Ord. 2023-656 § 15; Ord. 2022-645 § 19; Ord. 2021-633 § 2).
20.05.050 Review of binding site plan application.
A. Transmittal for Review and Comment. Once the preliminary binding site plan application has been determined complete, the director shall transmit for review and comment a copy of the plans, together with copies of any documents the director determines are appropriate, to the following:
1. The public works director, who shall review the elements of the application relating to traffic, utilities, storm drainage, streets, alleys, public ways, sidewalks, water, sanitary sewer, drainage, and determine whether it satisfies the requirements of NMC 20.05.060;
2. The city fire marshal, who shall review the elements of the application relating to conformance to the fire code and emergency access;
3. Any other city officer, department, utility provider, school district, as the director deems appropriate;
4. If the proposed preliminary binding site plan is located adjacent to the right-of-way of a state highway, the director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the State Department of Transportation; and
5. If the proposed preliminary binding site plan is located in whole or in part in a designated floodplain as provided in Chapter 86.16 RCW, the director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the State Department of Ecology.
B. Specified Deadline for Comments. In addition to the transmittal of copies of the application materials to the officers, departments and agencies identified in subsection (A) of this section, the director shall also specify the deadline for submission of any comments or determinations of said officers, departments, and agencies as to the conformance of the application with the criteria for approval in NMC 20.05.060. (Ord. 2021-633 § 2).
20.05.060 Criteria for approval.
A. Required Findings for Applicant. The applicant for a preliminary binding site plan must demonstrate that the application complies with all of the following:
1. All applicable statutory provisions, including but not limited to RCW 58.17.195.
2. The city’s zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the health department.
3. The city’s comprehensive plan and all related elements, including but not limited to the comprehensive plan’s capital facilities, water, sewer, and transportation elements.
4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available public facilities to support and service the area of the proposed preliminary binding site plan. The applicant shall, at the request of the city, submit sufficient information and data on the proposed preliminary binding site plan to demonstrate the expected impact upon and use of public facilities by the possible uses and users of the proposed preliminary binding site plan. Public facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sidewalks for children who only walk to and from school, sewerage and water service, and fire and emergency response service.
5. Water and Sewer. All habitable buildings and buildable lots in the preliminary binding site plan shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the city’s comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the city’s comprehensive sewer plan. The city shall consider the recommendation of the public works director, the local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply.
6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding, in accordance with the city’s stormwater drainage regulations. The city may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.
7. Roads. Proposed roads shall provide an available, safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the binding site plan.
8. Extension Policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary binding site plan. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary binding site plan to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements.
9. Residential Use. If the binding site plan is for residential use other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, a declaration of condominium as provided in RCW 64.34.200, along with a condominium survey map as required under RCW 64.34.232, shall be recorded simultaneously with the binding site plan, and the divisions of ownership on the survey map shall reflect the lot and tract divisions on the binding site plan plat.
B. Required Findings and Conclusions for City Approval. A proposed preliminary binding site plan application shall not be approved unless the city makes written findings and conclusions that:
1. All of the requirements in subsection (A) of this section are satisfied;
2. The collective lots in the property included in the preliminary binding site plan will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking;
3. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation;
4. The public use and interest will be served by the approval of the binding site plan;
5. The binding site plan shall include the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons or entities now or hereafter having any interest in the land described herein.
6. The conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, and other improvements shall be identified and enforced by the covenants, easements or other similar mechanisms;
7. The applicant agrees to install and dedicate all public facilities prior to the city’s approval of the final binding site plan unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. (Ord. 2021-633 § 2).
20.05.070 Dedications.
Dedication of land to any public body, provision of public facilities to serve the binding site plan, and/or impact fees may be required as a condition of binding site plan approval. Dedications shall be clearly shown on the binding site plan plat according to the requirements of RCW 58.17.165 and NMC 20.07.050(F). If the binding site plan includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city must adopt the designated name. (Ord. 2021-633 § 2).
20.05.080 Time limitation for final decision.
A preliminary binding site plan application shall be approved, approved with conditions or denied within 120 days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 120-day period shall not include the time spent preparing and circulating the environmental impact statement by the city. (Ord. 2021-633 § 2).
20.05.090 Effect of preliminary binding site plan approval – Expiration.
A. Approval of the preliminary binding site plan by the city shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary binding site plan, the street and utility standards adopted by the city and any special conditions imposed on the approval.
B. Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the city engineer, pursuant to NMC 20.05.090.
C. Preliminary binding site plan approval shall expire if a final binding site plan application meeting all the requirements of the preliminary binding site plan approval is not submitted to the city within five years of the date of preliminary binding site plan approval. (Ord. 2021-633 § 2).
20.05.100 Deadline for submission of final binding site plan application.
A final binding site plan application meeting all of the requirements of the preliminary binding site plan approval and this title shall be submitted to the city within five years of the date of preliminary binding site plan approval. (Ord. 2021-633 § 2).
20.05.110 Revisions to an approved preliminary binding site plan.
An application for a revision to an approved preliminary binding site plan may be submitted before a final binding site plan application is submitted, as follows:
A. Minor Revisions to an Approved Preliminary Binding Site Plan. The director is authorized to make the determination on a minor revision to an approved binding site plan without a public hearing.
1. Defined. Minor revisions to an approved preliminary binding site plan are those which do not change: (a) the binding site plan boundaries; (b) the conditions of preliminary binding site plan approval; (c) road alignments or connections (except for indiscernible or inconsequential shifts); and/or (d) the number of lots by more than five percent or five lots, whichever is less.
2. Application. A complete application for a preliminary binding site plan revision shall consist of the following:
a. Application form and filing fee;
b. Site plan showing the proposed modification, using the same plan format as in the original approval;
c. Explanation in narrative form of the requested modification.
3. Processing. The following steps shall be followed in the processing of an application for a minor revision:
a. NMC 19.09.030, determination of complete application;
b. NMC 19.11.010, notice of application;
c. Chapter 14.05 NMC, SEPA (unless exempt under WAC 197-11-800); and
d. NMC 20.04.010(A)(4), determination of consistency with approval criteria;
e. NMC 19.09.050, notice of decision; and
f. NMC 19.15.010, administrative appeal.
4. Criteria for Approval. The director shall approve, approve with conditions, or deny a proposed minor preliminary binding site plan revision application, as long as the applicant demonstrates that all of the following criteria are satisfied:
a. The proposed revision meets the criteria in NMC 20.05.050(A);
b. The revision will not be inconsistent with, or cause the binding site plan to be inconsistent with, the findings, conclusions or decision made by the city in its approval of the preliminary binding site plan; and
c. Approval of the revision will not affect the ability of the collective lots in the property included in the preliminary binding site plan to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
5. Time Limitation for Final Decision. The minor preliminary binding site plan revision application shall be approved, approved with conditions or denied within 120 days after a complete application is submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 120-day period shall not include the time spent preparing and circulating the environmental impact statement by the city.
6. Deadline for Submission of Final Binding Site Plan Not Extended. Approval of a minor preliminary binding site plan revision shall not extend the deadline set forth in NMC 20.05.090 for submission of a final binding site plan application to the city.
B. Major Revisions to an Approved Preliminary Binding Site Plan. Major revisions to approved preliminary binding site plans are defined and processed as follows:
1. Defined. A major preliminary binding site plan revision is any application for a revision of a preliminary binding site plan that does not meet the definition of a minor preliminary binding site plan revision.
2. Application. An application for a major preliminary binding site plan revision shall include all of the elements of a complete preliminary binding site plan application.
3. Criteria for Approval – Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary binding site plan revision shall be the same as those for a preliminary binding site plan application.
4. Deadline for Submission of Final Binding Site Plan Not Extended. The deadline for submission of the final binding site plan application in NMC 20.05.090 shall not be extended. (Ord. 2021-633 § 2).