Chapter 16.28


16.28.010    General provisions.

16.28.020    Review procedures—Preliminary binding site plan.

16.28.030    Improvements and security—Methods and procedure.

16.28.040    Final review—Recording—Revisions.

16.28.050    Criteria/development standards.

16.28.060    Application requirements.

16.28.010 General provisions.

A.    Purpose and Applicability. The purpose of this chapter is to establish an alternative process to subdividing and short subdividing of land. Any person, or entity, who seeks to divide commercial, industrial or public zoned property as provided in RCW 58.17.040(4); divide property for lease as provided in RCW 58.17.040(5) for an approved mobile home park, whether currently constructed or not constructed; and divide property as provided in RCW 58.17.040(7), whether currently constructed or not constructed, may apply for a binding site plan division under the provisions of this chapter in lieu of the provisions for subdivisions.

B.    Compliance Required.

1.    All development must be in compliance with the recorded final binding site plan. 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.

2.    No person shall sell, lease, or transfer the ownership of or offer for sale, lease or transfer of ownership any real property that is subject to this chapter without full compliance with the provisions of this chapter and Chapter 58.17 RCW except that, following preliminary binding site plan approval, performance of such offer or agreement may be permitted provided that such offer or agreement is expressly conditioned on the recording of the final binding site plan, and compliance with all conditions thereto. (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.28.020 Review procedures—Preliminary binding site plan.

The general binding site plan (preliminary binding site plan) shall be processed as a Type II land use permit under Chapter 2.90. The approval for improvements and finalization of specific individual lots (final binding site plan) shall be done by administrative approval as a Type I land use permit under Chapter 2.90. (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.28.030 Improvements and security—Methods and procedure.

If the preliminary binding site plan is approved, the city may establish a method providing for and securing to the city the actual construction and installation of required improvements in accordance with the provisions of this chapter as follows:

A.    By requiring that all required improvements be installed and constructed prior to issuance of building permits for structures or sale or lease of lots within the development;

B.    By accepting a condition that no certificate of occupancy shall be issued for any structure within a binding site plan until improvements have been constructed or other security is provided pursuant to subsections (C) through (F) of this section. Any such condition shall be inscribed on the face of the original final binding site plan filed and of record pursuant to Section 16.28.060(B)(7);

C.    By furnishing the city with a performance bond satisfactory to the city attorney, in which guarantee is given the city that the installation of the required improvements will be carried out within one year;

D.    By a cash deposit with the city or suitable escrow;

E.    By a combination of these methods; or

F.    By such other reasonable guarantee acceptable to the city attorney. (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.28.040 Final review—Recording—Revisions.

A.    Final Binding Site Plan Review. After approval of the preliminary binding site plan, and within the time limits set forth in Chapter 2.90, the applicant shall submit a final binding site plan and supplementary materials as required under Section 16.28.060(B). The planning director, building official and city engineer, in consultation with appropriate city staff, shall:

1.    Inspect the detail and computation of the final binding site plan for compliance with the specifications and standards of this chapter;

2.    Inspect the final binding site for compliance with the preliminary binding site plan approved by the city and the conditions made a part of that approval;

3.    Determine either that all required improvements have been installed in accordance with these regulations or that certain improvements may properly be deferred as per Section 16.28.030;

4.    The mayor, planning director, building official, and city engineer shall signify approval by signing the original mylar copy of the final plan.

B.    Filing and Recording Final Binding Site Plan. The applicant shall file the original mylar drawing of the final binding site, satisfying the provisions of Section 16.28.060(B) for recording as a short or long plat with the Skagit County auditor, with copies to the county assessor, treasurer, and public works office. One reproducible full copy on mylar or sepia material shall be furnished to the city planning department.

C.    Expiration. Any final binding site plan not filed for recording within sixty days after the city approval shall be null and void. To be reactivated, the binding site plan must be resubmitted as a new preliminary binding site plan.

D.    Binding Site Plan Revisions. Alteration of a preliminary or final binding site plan shall be accomplished by application and shall be subject to all procedures and requirements established in this chapter, except that minor modifications may be allowed as provided for under subsections (D)(1) through (4) of this section:

1.    The final building site plan shall conform to the preliminary binding site plan approved by the city, and to any conditions that may have been part of the approval, except as provided under subsection (D)(2) of this section.

2.    Minor modifications to the approved preliminary plan, or approved final binding site plan, may be allowed if the city planning director, engineer, attorney, and other affected city departments or utility companies, and the mayor determine such modifications are necessary because of unforeseen technical problems and such modifications comply with the spirit and intent of the preliminary approval and will not be detrimental to the public health, safety or welfare or injurious to other properties in the area. Examples of minor modifications are, but are not limited to:

a.    Modification of lot lines which do not violate any development codes or regulations of the city or this chapter;

b.    Reconfiguration of parking lots or landscape areas that are approved by the city planning director;

c.    Relocation of fire lands, hydrants or water lines that would conform to city regulations and are approved by the fire chief;

d.    Relocation of utilities that would conform to city regulations as approved by the city engineer;

e.    Modification of building configurations that do not significantly increase the floor area, reduce required parking ratios, reduce landscaped area, or violate any city regulations.

3.    A minor modification to the preliminary binding site plan, approved under subsection (D)(2) of this section, shall be reflected in the final binding site plan.

4.    A minor modification to the final recorded binding site plan, approved under subsection (D)(2) of this section, shall be noted by a written statement, and illustrated, on the appropriate maps and mylars, signed by the planning director, city engineer, city attorney, the head of any affected city department, and mayor, and recorded in the county auditor’s office as an amendment to the original recorded binding site plan, with copies to the county assessor, treasurer and public works departments. A reproducible copy of the amendment shall be provided to the city planning department. (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.28.050 Criteria/development standards.

A.    Factors to Be Considered in the Preliminary Binding Site Plan Review. The approving authority’s decision may be to grant or deny an application or to require of the applicant such conditions, modifications and restrictions as are found necessary to insure that the development:

1.    Is consistent with the projected environmental impacts, or lack of impacts, as described by the applicant in the environmental assessment documents, and complies with all mitigation measures and conditions of a determination of nonsignificance issued for the proposed binding site plan;

2.    Conforms to the following codes, programs and policies:

a.    The comprehensive plan and zoning code, Title 17,

b.    The design and development standards and requirements of this title and Chapter 15.40,

c.    The city’s six-year transportation and improvement plan,

d.    The city’s storm drainage and sewer service plans and policies,

e.    The compatibility of the binding site plan with existing adjacent developments, or potential developments if the adjacent land is zoned for residential use,

f.    Other plans and programs as the city may adopt.

3.    Includes appropriate provisions for the public health, safety and general welfare; open space; storm drainage; streets or roads; alleys; sidewalks and trails; transit stops; and other public ways; open space; potable water supplies; fire protection; and sanitary and solid waste disposal.

B.    Design and Development Standards.

1.    Streets—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/or realignment of the existing street, as determined by the comprehensive plan, traffic impact study, or the public works construction standards, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way and provision of attendant traffic control devices.

2.    Natural Features. The design of the project shall minimize disturbance to natural drainage and wetlands, and shall preserve as much as practical existing significant trees and the natural grades around such trees.

3.    Grading/Erosion Control. Before any site modification where existing natural features, including topsoil, would be removed or disturbed, a grading and erosion control plan showing the extent of the proposed modification must be submitted to and approved by the city. Debris, junk, rubbish, or other waste materials of any kind shall not be buried in any land or deposited in any surface water.

4.    Existing Structures. All existing structures and uses shall comply with the standards of the city codes and zoning requirements.

5.    Floodplain. The proposed development shall comply with the Sedro-Woolley floodplain ordinance codified under Chapter 17.66.

6.    Landscaping. All developments shall provide landscaping to satisfy the landscaping ordinance, and the following objectives, as determined by the planning director: to provide an attractive appearance; to soften the impact of and break up parking areas; to reduce the amount of impermeable surface and improve drainage; to provide a streetscape along roadways; to buffer uses from adjacent residential properties; to screen loading and outdoor storage areas; to provide an attractive environment in which to work or shop; and to establish and maintain property values within the business, commercial and industrial areas of the city. Plans shall include irrigation, and provide for maintenance of the landscaped areas.

7.    Parking. The number of parking stalls provided for each use within the binding site plan shall comply with the requirements of the zoning ordinance. In most cases, cross-easement between lots, or common use tracts, shall be required for parking and parking area circulation roads.

8.    Loading. Loading areas shall be provided and outdoor storage areas shall be fully screened.

9.    Lot Configuration. Lot arrangement shall provide for suitable building sites. Lots in a binding site plan must also meet the lot dimensional and road frontage requirements of the underlying zoning district, mobile home park ordinance, or subdivision ordinance.

10.    Setbacks. Around the outer perimeter of the planned development, setbacks for structures shall comply with the provisions of the zoning district, except that no structure shall be less than ten feet from a perimeter line. Setbacks from other lines within the building site plan need not satisfy the zoning district requirements, provided that construction meets building and fire codes.

11.    Fire Hydrants. Hydrants shall be installed as required by the city fire chief. Water pressure and flow shall be adequate to provide for fire protection to all areas of the site.

12.    Access. Ingress and egress shall be approved by the planning director and city engineer. The site design shall provide for joint access easements and lot configurations which will reduce the number of ingress/egress points from existing city, county or state roads; provided, however, that adequate access for emergency services is included.

13.    Pipe Utilities. All storm drainage improvements, sanitary sewer improvements, and water improvements, and associated easements, shall be approved by the city engineer and sewer plant manager and PUD. Easements and cross-easements for utilities shall be provided as necessary. Provision for utility line extension beyond the boundary of the project may be required, along with any necessary easements for maintenance, or dedications.

14.    Wire Utilities. All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed underground. All such underground installations or systems shall be approved by the appropriate utility company. If the appropriate utility company determines that an underground system, as required above, cannot reasonably be installed according to accepted engineering practices, this requirement may be waived upon receipt of a written notice from such utility to the planning director. Utility easements shall be provided within a proposed binding site plan and 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 such plan.

15.    Covenants and Restrictions. All development within a binding site plan shall be governed by covenants and restrictions, reviewed and approved by the city planning director and attorney prior to final approval. At a minimum, the covenants and restrictions shall: specify standards for construction and design; control operational standards and impacts of various uses; specify maintenance and easement of responsibilities and obligations; and provide a mechanism for enforcement of the covenants and restrictions. These covenants and restrictions shall be recorded and referenced on the face of the final binding site plan, and attached as a permanent deed restriction to each lot within the binding site area. (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1520-05 § 3, 2005: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.28.060 Application requirements.

A.    Preliminary Binding Site Plan Application Requirements. The applicant shall submit the following materials to the city, which shall comprise a complete application:

1.    Completed application form provided by the city;

2.    Environmental impact assessment information;

3.    Payment of required fees for binding site plan application:

a.    Environmental review: as set by the Sedro-Woolley city council,

b.    SEPA checklist review: as most recently adopted by the city council,

c.    EIS review: as most recently adopted by the city council;

4.    Names and addresses of all owners of property located within five hundred feet of the proposed binding site plan property, and any other contiguous property owned by the applicant, exclusive of rights-of-way;

5.    Twelve paper copies of the binding site plan map(s), which shall be prepared by a registered land surveyor of the state of Washington, on a map or maps eighteen inches by twenty-four inches with the following information:

a.    The name of the binding site plan,

b.    The names and addresses of the owners of the property, and the developer(s) of the planned development,

c.    The existing zoning classification of the subject land and all adjacent properties, including those properties across streets,

d.    The legal description of the boundaries of the land and actual dimensions of the tract to be divided,

e.    A vicinity map showing the boundary of the land in relation to the section(s) in which it is located. This information shall be drawn as an insert at a convenient scale,

f.    The date, scale, and north arrow. The desired scale shall be one inch equals one hundred feet, but no more than one inch equals four hundred feet, unless otherwise approved by the planning director,

g.    Existing conditions, including the location, width, and names of all existing or platted streets or other public ways or easements within or adjacent to the proposed development, and all other features such as existing buildings, utilities, watercourses, significant trees or other natural features, power lines, and section lines,

h.    Proposed finished contours, at two-foot intervals, along with benchmarks of existing ground elevation, which shall be referenced to mean sea level datum,

i.    The number and dimensions of all lots including bearings of all lines,

j.    The layout of the site, or portion(s) thereof, including lot design, building “footprints,” street and pedestrian circulation, location of landscape areas and islands, and private and public road right-of-way widths. Street and pedestrian layout shall identify location and width of vehicular and pedestrian ways and indicate the status of ownership and method of maintenance,

k.    All adjacent areas or lots outside of the binding site plan area which are reserved for future development and which are under the ownership of the applicant,

l.    Building setback lines, proposed loading and storage areas,

m.    Off-street parking layout and traffic circulation plan,

n.    A preliminary layout of all proposed underground utility services, including proposed easements, and the names of utility companies which will serve the site,

o.    Name of water district, and a preliminary layout of proposed water service and fire hydrants, including pipe dimensions and type and estimated fire flow, and any proposed easements,

p.    Proposed road and traffic improvements to existing or proposed city, county or state roads, including any traffic signal installation or relocation, or proposed right-of-way dedications.

q.    Open space areas, and all parcels or tracts being dedicated or reserved as parks, playgrounds, streets, alleys, easements or other public and semi-public uses, if any;

6.    A floodplain development permit application, if applicable;

7.    A grading, fill, preload, and erosion control plan, if applicable;

8.    Letters from affected utility districts and companies indicating whether or not they are able to serve the proposed development, including any major improvements that may be required of the developer;

9.    A preliminary conceptual landscape plan, identifying areas to be landscaped, general types of plant material to be used, areas to be buffered or screened with landscaping, proposed berming and contouring. These plans shall address the objectives stated under Section 16.28.050(B)(6);

10.    Preliminary storm drainage plans, including location of catch basins, drain pipes (and sizes) oil/water separators, and grades of proposed roads, sidewalks, parking and loading areas, and detention or retention areas. Preliminary drainage calculations shall be included with these plans;

11.    A master plan and schedule of construction and proposed phasing of improvements if applicant intends to develop site in phases;

12.    Draft covenants and restrictions for the development addressing the requirements under Section 16.28.050(B)(15).

B.    Final Binding Site Plan Submittal Requirements. The final binding site plan submittal shall include:

1.    The original mylar drawing(s), one reproducible copy, and twelve paper copies of eighteen-inch by twenty-four-inch map(s) of the final binding site plan, prepared by a registered land surveyor of the state of Washington, showing the same information as required for the preliminary binding site plan under subsection A of this section, modified to include:

a.    All changes made pursuant to the conditions of preliminary binding site plan review and approval,

b.    A complete survey map with the following information:

i.    The lines and names of all streets or other public ways, parks, playgrounds, and all easements to be dedicated for public use, or for access, or for utilities within the binding site plan,

ii.    Formal, irrevocable offers of dedication to the public, or appropriate utility agency, of all of the above-described rights-of-way or easements, and space for appropriate acknowledgments, endorsements and certifications,

iii.    Identification of all parcels or tracts to be reserved in the deeds for common use of property owners within the binding site plan area,

iv.    Reference to covenants and restrictions recorded with the final binding site plan, and attached to the deeds of all lots within the development,

v.    The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final binding site plan, including municipal boundaries, township and range lines, and section lines,

vi.    The lengths and bearings of all straight lines, curb radii, arcs and semi-tangents of all curves,

vii.    All dimensions along the lines of each lot, with the bearings plus any other data necessary to the location of any lot lines or corners in the field,

viii.    Suitable primary control points, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given to the plat shall be referred,

ix.    The names of all subdivisions immediately adjacent thereof,

x.    The date, north point, and scale,

xi.    The boundary of the tract, with courses and distances marked thereon, as determined by a field survey made by a registered land surveyor of the state of Washington,

xii.    A certificate from the county treasurer indicating that all taxes on said property included in the binding site plan or dedication have been paid,

xiii.    A certificate from the city treasurer indicating that all assessments on the subject have been paid,

xiv.    Signature blocks for approval by the planning director, city engineer, city building official, and the mayor, and date thereof, when the development complies with all conditions;

2.    A declaration by a registered land surveyor shall be placed on the above binding site plan map and shall declare that the boundaries of the land have been surveyed and monumented and that all distances and bearings on the binding site plan are accurate, and the survey is retraceable based on the subdivision of the section(s). The minimum standard of work shall be as set forth in the most recently adopted Washington Administrative Code establishing land surveying standards;

3.    A copy of final covenants and restrictions, and descriptions of common use tracts or easements, to be attached to the deeds of all lots within the development;

4.    Final approved landscape, irrigation and maintenance plans;

5.    Final approved storm drainage and grading plans;

6.    Compliance with the requirements of the utility departments and companies as evidenced by letters of approval from same;

7.    If required improvements have not been completed, a preoccupancy condition, performance bond, cash security, or other security shall be provided as per Section 16.28.030, and such condition shall be stated on the final binding site plan map;

8.    A notarized certificate signed by the contract purchaser or owner of record stating that the decision to finalize the binding site plan is their free act and deed, and that: “A binding site plan number and date of approval shall be included in all deeds and contracts.” (Ord. 1819-15 § 3 (Exh. A)(part), 2015: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)