Chapter 14.79
BINDING SITE PLANS
Sections:
14.79.040 Application requirements.
14.79.060 Recording and binding effect.
14.79.070 Site improvements required prior to approval of building permit.
14.79.010 Purpose.
The purposes of this Chapter are to:
(1) Provide an alternative administrative method for division of land for commercial and industrial zoned property, or condominiums;
(2) Allow the Director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar uniform codes adopted by the County;
(3) Allow the Director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and
(4) Specify administrative requirements for binding site plans in addition to the procedural requirements of SCC Chapter 14.06 and in accordance with applicable Washington State and Skagit County laws, rules and regulations. (Ord. O20250005 § 2 (Exh. A))
14.79.020 Applicability.
This Chapter applies to an application for a binding site plan. (Ord. O20250005 § 2 (Exh. A))
14.79.030 General provisions.
(1) Any person seeking the use of a binding site plan to divide his or her property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property, or creation of condominium units, is required to apply for, complete, and obtain approval for a binding site plan, as provided in RCW Chapter 58.17 and this Chapter.
(2) The site that is subject to the binding site plan may be reviewed independently, based on as-built plans, for fully developed sites.
(3) The site that is subject to the binding site plan must consist of one or more contiguous legal lots. (Ord. O20250005 § 2 (Exh. A))
14.79.040 Application requirements.
(1) In addition to the general application requirements of SCC 14.06.230 and the application requirements for preliminary approval of a long subdivision in SCC 14.74.100, an application for a binding site plan must contain:
(a) A site plan that meets the requirements for a preliminary subdivision map in SCC 14.74.100, including:
(i) All proposed or existing uses and structures;
(ii) Layout of sewers;
(iii) Location and size of utility trunk lines serving the site;
(iv) The number and location of proposed or existing parking spaces on and off the site;
(v) Proposed and existing structures including building envelopes and building setback lines;
(vi) The location of proposed or existing open space including any required landscaped areas;
(vii) The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and roadway widths, and additional right-of-way if required on substandard roads;
(viii) Proposed road names;
(ix) The location and size of water bodies and drainage features, both natural and manmade;
(x) Existing and proposed easements and existing access.
(b) All existing or proposed covenants, easements, maintenance agreements or other documents applicable to use or maintenance of the site.
(c) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases. (Ord. O20250005 § 2 (Exh. A))
14.79.050 Review criteria.
(1) An application for a binding site plan is subject to the type of review specified in SCC 14.06.150.
(2) The application may be approved, approved with conditions, or denied, based on the following requirements:
(a) The binding site plan must ensure that the collective proposal functions as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
(b) The binding site plan must meet the requirements outlined in Division 1 of this Title, and SCC 14.74.050, for new development.
(c) If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the Director may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent project permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of submittal of the binding site plan review and expressly depicted on the binding site plan.
(d) When a binding site plan is being considered concurrently with another land development application, the Director will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site project permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of vesting of the application, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
(e) The binding site plan must contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site must be in conformity with the approved site plan.
(f) The Director may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.
(g) Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements must be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. (Ord. O20250005 § 2 (Exh. A))
14.79.060 Recording and binding effect.
(1) After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of RCW Chapter 64.32 or 64.34, the applicant must record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as a single recording document complying with the requirements of this Chapter labeled as “Binding Site Plan.” Before recording, the applicant must complete the required improvements. In lieu of completion, all improvements except drainage-related facilities may be bonded.
(2) When a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the Director, must be shown on the binding site plan to be recorded.
(3) Prior to recording, the approved binding site plan must be surveyed and the final recording forms must be prepared by a professional land surveyor, licensed in the State of Washington. Surveys must include those items prescribed by RCW 58.09.060.
(4) The approved binding site plan record of survey recording forms must include the following, in the format prescribed by the Director:
(a) Lots designated by number on the binding site plan within the area of the lot. Tracts must be similarly designated and each tract must be clearly identified with the ownership and purpose;
(b) Signature and stamp of the land surveyor who prepared the binding site plan;
(c) Reference to the recording number of the completed survey as required by this Section if the boundaries have been previously surveyed;
(d) Reference to all agreements or covenants required as a condition of approval;
(e) Notarized signatures of all persons having an ownership or security interest in the land being divided;
(f) Approval of the Skagit County Engineer;
(g) Approval of the Skagit County Treasurer;
(h) Approval of the Director; and
(i) Approval of the Health Official.
(5) The Director must examine and sign the approved binding site plan and record of survey if it conforms to the commercial site project permit or the approved site plan and all conditions of approval. Binding site plans with the record of survey must be recorded with the Skagit County Auditor’s Office. A copy of the documents stamped with the recording number must be sent to the Skagit County Assessor, the Skagit County Treasurer, Skagit County Public Works, and to the applicant.
(6) Lots, parcels, or tracts created through the binding site plan procedure will be legal lots of record. All provisions, conditions, and requirements of the binding site plan are 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.
(7) 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, will be considered a violation of RCW Chapter 58.17 and may be restrained by injunctive action and be illegal as provided in RCW Chapter 58.17. (Ord. O20250005 § 2 (Exh. A))
14.79.070 Site improvements required prior to approval of building permit.
(1) All public and private site improvements required by the approved binding site plan must be completed and accepted by the County or subjected to a performance security approved by the Director prior to issuing the first building permit for the site.
(2) Alternatively, the Director may condition the completion of such improvements pursuant to an approved phasing. (Ord. O20250005 § 2 (Exh. A))