Chapter 19.34
BINDING SITE PLANS

Sections:

19.34.010    Purpose.

19.34.020    Applicability.

19.34.025    Authority.

19.34.030    Binding site plans—Minor.

19.34.040    Application submittal and contents.

19.34.050    Review process.

19.34.060    Appeals.

19.34.070    Effective date.

19.34.080    Final binding site plan.

19.34.090    Modification and vacation.

19.34.100    Vesting.

19.34.010 Purpose.

The purpose of this chapter is to establish criteria for the city of Shelton to review and approve binding site plans as provided for under the authority of the Revised Code of Washington (RCW 58.17.040(4), (5), and (7)). Binding site plans provide an alternative means of dividing land, under limited circumstances, and allow more flexibility in design and operation of mobile home parks, condominium developments, planned unit developments and commercial and industrial developments. It is further the purpose of this chapter to ensure all binding site plans are consistent with the city of Shelton comprehensive plan, the Shelton Municipal Code, and the city of Shelton design and construction standards. (Ord. 1750-0709 § 2 (part), 2009)

19.34.020 Applicability.

Binding site plan review and approval, pursuant to this chapter, shall be required prior to undertaking any of the following actions:

A.    Divisions of land for lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);

B.    Divisions of land for lease where no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land as provided in RCW 58.17.040(5); and

C.    The establishment of a condominium development as provided in RCW 58.17.040(7). (Ord. 1750-0709 § 2 (part), 2009)

19.34.025 Authority.

The hearings examiner for the city of Shelton is designated and assigned decision making responsibilities for the approval of, amendment to, and disapproval of binding site plans, except as otherwise stated in this title. Consideration of all binding site plans shall be performed at a public hearing, except as otherwise stated in this title. The city of Shelton department of community and economic development is designated and assigned responsibility for reviewing the proposal relative to applicable regulations and for preparation and distribution of a recommendation and report to the city of Shelton hearings examiner, where applicable. (Ord. 1750-0709 § 2 (part), 2009)

19.34.030 Binding site plans—Minor.

Binding site plans which are exempt from the State Environmental Policy Act (SEPA), pursuant to WAC 197-11-800, may be considered minor binding site plans and may be reviewed administratively using the process outlined in Chapter 20.49, site plan review. The director of community and economic development may determine that an application for binding site plan which does not require SEPA review will be considered a major binding site plan if, in the director’s determination, the scope, scale, size or impact of the proposal requires additional review and a public hearing. (Ord. 1750-0709 § 2 (part), 2009)

19.34.040 Application submittal and contents.

Binding site plan applications shall be submitted to the city of Shelton department of community and economic development for review. For an application to be considered complete relative to the requirements of this chapter, each application for binding site plan shall include the following:

A.    A completed and signed application for binding site plan submitted along with all required application fees as established by the Shelton city council.

B.    A completed and signed State Environmental Policy Act (SEPA) checklist, submission of the SEPA checklist processing fee as established by the Shelton city council, and a current list of mailing addresses for all owners within three hundred feet of the boundaries of the binding site plan property.

C.    Commercial, Mixed Use, and Industrial Binding Site Plans. In addition to materials required pursuant to subsections A and B of this section, a binding site plan application for commercial, mixed use, and industrial proposal shall contain the same information as required by preliminary plats as found in Section 19.16.040(C) and (D) with the exception of Section 19.16.040(C)(18) as it relates to commercial and industrial binding site plans.

D.    Binding Site Plan for Residential Condominiums. In addition to materials required pursuant to subsections A and B of this section, a binding site plan for residential condominiums shall conform with the requirements of Chapters 64.32 (Horizontal Property Regimes Act) and 64.34 (Condominium Act) RCW. The applicant shall submit a sworn declaration from a registered land surveyor, licensed in the state of Washington, that all requirements of Chapter 64.34 RCW have been satisfied. The city will attempt to verify the information submitted but relies heavily upon the map representation and map descriptions submitted by the land surveyor. The applicant shall submit seven copies of the binding site plan map for review. The site plan shall have dimensions of eighteen inches by twenty-four inches and be prepared by a registered land surveyor, licensed in the state of Washington and, in addition to the requirements of Chapter 64.34 RCW, the binding site plan map shall include the following:

1.    The name of the condominium project;

2.    Date, scale, and north arrow;

3.    Clear delineation of all: boundary lines, rights-of-way for streets and alleys, easements, areas reserved for common open space and storm drainage, utilities, and other proposed improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements;

4.    Names, cross-sections, and right-of-way widths of all streets within the development and adjacent to the property proposed for development. Street names shall be consistent with the names of existing adjacent streets;

5.    Indication of all existing and proposed structures;

6.    Number of each lot and each block;

7.    A copy of all proposed covenants, easements, maintenance agreements, mutual parking agreements, access agreements, etc.;

8.    A phasing plan and time schedule, if applicable.

9.    Supporting Documentation Required for Residential Condominiums.

a.    Preliminary Utility Layout. The applicant shall provide a preliminary plan for water and sewer service to the development for review by the city engineer. All proposed utilities are required to be designed by a licensed civil engineer licensed to practice in the state of Washington, in a manner consistent with the city of Shelton design and construction standards.

b.    Preliminary Storm Drainage Plan. The applicant shall provide a preliminary storm drainage design plan to service the development for review by the city engineer. The design of the system shall be developed by a licensed civil engineer licensed to practice in the state of Washington and be consistent with the Shelton Municipal Code and city of Shelton design and construction standards.

c.    Provisions for Parks. The applicant shall provide the location, size, and proposed improvements of all active and/or passive use parkland to be included in the development. The proposed amount shall be greater than five acres per one thousand residents to reside in the development based on the average family size as indicated in the most recent census. The park area is required to be owned and maintained by a homeowners’ association (or equivalent) or the city of Shelton and is to be located in a usable and accessible portion of the site (i.e., not within waterways, steep slopes, wetlands, or other critical areas except as allowed in Chapter 21.64) and be of adequate dimensions to provide a usable amenity to the residents of the proposal and/or the city of Shelton.

d.    Traffic. When required by the city engineer, the applicant shall provide a vehicular traffic trip distribution analysis for the proposal which demonstrates how traffic is anticipated to be distributed through the existing and proposed street network. The analysis, when required, shall be prepared by a licensed civil or traffic engineer licensed to practice in the state of Washington.

e.    Preliminary Grading Plan. The applicant shall provide a preliminary grading plan which effectively typifies the site in its existing condition as well as proposed contours upon project completion. Approximate cut and fill quantities as well as proposed stockpile areas shall be indicated. Areas of substantial existing vegetation to be removed as well as areas of vegetation to remain shall be clearly shown.

f.    Water Availability. When required by the city engineer, the applicant shall submit a water availability application with a site plan that illustrates the proposed water distribution network within the development, proposed water line sizes, as well as proposed points of connection to the city of Shelton water distribution network.

g.    Critical Areas Information. When required by the director of community and economic development, the applicant shall provide appropriate documentation and information for the city to evaluate the potential for impacts to occur to critical areas or their buffers present on or within three hundred feet of the site, as required and defined in Chapter 21.64. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.34.050 Review process.

An application for binding site plan shall be processed according to the procedures and timeframes outlined in Section 19.16.060 (Preliminary plat review and decision making process). (Ord. 1750-0709 § 2 (part), 2009)

19.34.060 Appeals.

The applicant or other individual or entity with standing may appeal the decision of the city of Shelton hearings examiner to the city of Shelton council within fourteen days of the date of written decision pursuant to Section 2.36.200. The city council shall conduct a closed record review of the decision and may confirm, modify, or overturn the decision. All appeals must be received in writing and contain narrative which specifically cites the item or items being appealed and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.34.070 Effective date.

The preliminary binding site plan approval shall be considered effective upon the fifteenth day after the hearings examiner’s decision or the exhaustion of any subsequent appeals and appeal period. The preliminary binding site plan approval shall be effective for five years from the original date of approval unless a greater timeframe is specified in the decision. (Ord. 1750-0709 § 2 (part), 2009)

19.34.080 Final binding site plan.

Once all conditions of approval for the preliminary binding site plan have been complied with, including satisfaction of all requirements relative to the city of Shelton design and construction standards, the applicant may file for a final binding site plan for approval through the city council. Once all signatures, as required by this title, have been granted on the final binding site plan, it shall be recorded with the Mason County auditor. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.34.090 Modification and vacation.

Binding site plans may be modified or vacated subject to the following:

A.    The director of community and economic development may allow for modifications to binding site plans, upon application, only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not impact the public health, safety, or welfare, nor does it adversely impact the environment or the delivery of services to the site. The proposed modification must be clearly shown on a revised map and be accompanied by a letter of explanation of the proposed modification. Upon administrative approval of such modification, the modification(s) shall become part of the binding site plan and recorded with the Mason County auditor as applicable. If, in the opinion of the director of community and economic development, the modification constitutes a substantial modification, the proposal shall be processed as a new binding site plan.

B.    The director of community and economic development may allow for vacation of an entire binding site plan, upon application, if no permits have issued. Vacations of this type may be done as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission of a letter of intent to vacate with the city of Shelton department of community and economic development. The applicant is subject to payment of all outstanding fees for city permit review at the time of vacation submittal.

C.    After issuance of any building or site development permits the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval. (Ord. 1750-0709 § 2 (part), 2009)

19.34.100 Vesting.

The binding site plan approval shall vest a development to the land use regulations in effect at the time the project application is determined to be complete by the city of Shelton. (Ord. 1750-0709 § 2 (part), 2009)