Chapter 19.18
PRELIMINARY BINDING SITE PLANS

Sections:

19.18.010    Purpose.

19.18.020    Binding site plan process optional for commercial and industrial.

19.18.030    Binding site plan process required for condominium and mobile home park.

19.18.040    Review of preliminary application for small-scale binding site plan.

19.18.050    Review of preliminary application for large-scale binding site plan.

19.18.060    Preapplication conference required.

19.18.070    Determination of completeness, resubmittal and expiration of application.

19.18.080    Public notice of application process.

19.18.090    Review procedure for preliminary binding site plan.

19.18.100    Application submittal.

19.18.110    Binding site plan design and development components.

19.18.120    Development requirements.

19.18.130    Standards for review of a commercial or industrial binding site plan.

19.18.140    Standards for review of a manufactured home park.

19.18.150    Standards for review of condominium development.

19.18.160    Completion of improvements required.

19.18.170    Surety permitted for specific improvements.

19.18.180    Lapse of approval of preliminary binding site plan.

19.18.010 Purpose.

The binding site plan process provided by state statute and the Sultan Municipal Code is provided as an alternative to the standard subdivision process for specific types of development. The binding site plan process is applicable to the creation of two or more lots. The binding site plan shall only be applied for the purpose of dividing land for:

A. Sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4).

B. Lease of property developed for residential occupancy of mobile homes as provided in RCW 58.17.040(5).

C. Condominiums as provided in either Chapter 64.32 or 64.34 RCW, consistent with RCW 58.17.040(7).

D. This chapter provides the process for submittal, review, decision and expiration of applications for a preliminary binding site plan. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.020 Binding site plan process optional for commercial and industrial.

At the option of the developer, the binding site plan process may be used for development of commercial or industrial property. Binding site plan flexibility will be most applicable to land divisions where lots are created that do not have code-standard frontage on public right-of-way. Access easements and other measures allowed by the binding site plan system provide for creative approaches to design and construction of commercial and industrial multi-tenant developments.

Development of commercial and industrial property is not required to apply for a binding site plan if the lot layout provides code-standard access to public right-of-way for all lots in the development. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.030 Binding site plan process required for condominium and mobile home park.

A. Condominium Development. As authorized by RCW 58.17.035 and 58.17.040(7), condominium development, whether a new development, or a condominium regime placed over existing development, is required to be applied for, reviewed and approved, conditioned or denied through the binding site plan process as provided in this chapter.

B. Mobile Home Park Development. As provided by RCW 58.17.035 and 58.17.040(5), mobile home park development proposals in the city of Sultan are required to be applied for, reviewed and approved, conditioned or denied through the binding site plan process as provided in this chapter. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.040 Review of preliminary application for small-scale binding site plan.

Small-scale binding site plans shall be reviewed and acted upon as a Level II administrative review process by the director to determine conformance with SMC 19.18.110, 19.18.120, 19.18.130 and/or 19.18.140, as appropriate to the type of proposal. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.050 Review of preliminary application for large-scale binding site plan.

Large-scale binding site plans shall be reviewed and acted upon as quasi-judicial review process by the hearing examiner in conformance with Level III procedures. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.060 Preapplication conference required.

A. Purpose. The purpose of a preapplication conference is for the prospective applicant and city staff to gain a common understanding of the nature of the contemplated development and subsequent development and any procedures, rules, standards and policies which may apply.

The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated development and subsequent development. Such information may include photographs, sketches and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section.

B. Preapplication Conference Process.

1. Prior to the filing of a binding site plan application, the developer shall apply for a preapplication conference as provided in SMC 19.02.030.

2. The development review team shall advise the developer as to procedure, conformity to applicable ordinances and comprehensive plan policies.

3. Attendance and participation in a preapplication conference shall not vest an application. Vesting of an application shall only occur when a complete binding site plan application has been submitted and accepted for review along with the applicable fee as provided by the city of Sultan annual fee schedule. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.070 Determination of completeness, resubmittal and expiration of application.

A. The developer shall submit the application to the director along with the appropriate fees.

B. Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.

C. The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:

1. A determination of completeness; or

2. A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.

D. The application shall not be accepted for formal filing and shall vest no rights until issuance of a formal determination of completeness by the director.

E. Resubmittal.

1. Resubmittals with the necessary information making the application complete within six months of original filing will not be subject to additional binding site plan filing fees.

2. Resubmittals between six months and one year of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the city of Sultan annual fee schedule.

F. Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within one year of the notification of such determination shall result in expiration of the application. Any subsequent application for binding site plan of the subject property shall be subject to a new application process and all fees applicable to a preliminary subdivision application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.080 Public notice of application process.

Notice shall be provided as required for Level II notice process in Chapter 19.34 SMC for small-scale binding site plans, or Level III notice process in Chapter 19.34 SMC for larger-scale binding site plans. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.090 Review procedure for preliminary binding site plan.

A. Action by the Director. Upon a determination of completeness as provided above, the director shall begin review of the application for preliminary approval of a binding site plan and distribute the appropriate materials to directors and agencies as provided below.

B. Action by Other City Directors. The director will circulate copies of the proposed binding site plan to relevant city directors and affected agencies. The director or agency shall review the application and furnish the director with a report as to the effect the proposed binding site plan may have upon their area of responsibility and expertise. The reports submitted should include recommendations as to the extent and type of improvements provided.

C. Notice requirements shall be in accordance with Chapter 19.34 SMC.

D. Small-Scale Application – Director Review. If the binding site plan proposes development of a site area of two acres or less, or four lots or fewer, the decision to approve, conditionally approve, or deny the preliminary binding site plan shall be handled under Level II procedures as provided in Chapter 19.24 SMC.

E. Large-Scale Application – Hearing Examiner Review. If a binding site plan proposes development of a site area of more than two acres, or more than four lots, the decision to approve, conditionally approve, or deny the preliminary binding site plan proposal shall be handled under Level III procedures.

F. Preliminary approval of the binding site plan by the director under subsection (D) of this section, or by the hearing examiner under subsection (E) of this section, shall constitute authorization for the applicant to take the necessary steps to meet the conditions imposed by the city before commencing the final binding site plan review process as provided by Chapter 19.20 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.100 Application submittal.

Each application for binding site plan approval shall contain five copies of all complete application forms, plans and reports. A complete application must include:

A. One CD with individual PDFs of each item listed below.

B. One original plus four copies of the permit application form.

C. Two vicinity maps (on eight-and-one-half by 11-inch).

D. Written project narrative (detailed description of proposal).

E. Two public notice materials.

F. One original (wet stamped) plus four full-size copies of binding site plan.

G. Two 11-by-17-inch copies of site plan.

H. Two eight-and-one-half-by-11-inch copies of site plan.

I. Tree survey, if required.

J. One original SEPA signed plus four copies.

K. Soils report.

L. Traffic impact analysis.

M. Stormwater drainage report.

N. Wetland study.

O. Geotechnical report.

P. Title report, 30 days to current at time of submittal.

Q. Landscape plan.

R. Park and open space plan.

S. Binding site plan design constructed in conformance with SMC 19.18.110.

T. A draft “development agreement” incorporating the conditions of approval, the timeline for development, limitation for the use of the land and improvement guarantees to ensure compliance of all conditions of approval for the binding site plan.

U. Any other items deemed necessary by the planning director in order to review the application for compliance with development regulations. (Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 9; Ord. 1144-12 § 2 (Exh. A))

19.18.110 Binding site plan design and development components.

A binding site plan design shall provide for and include the following:

A. Division lines between lots in commercial BSP shall be considered lot lines.

B. Each such tract or lot created by such BSP shall have a designated front lot line and one rear lot line including those which have no street frontage.

C. All tracts, parcels and lots created by a BSP shall be burdened by city-approved and enforceable cross easements for access to the various lots, tracts and parcels and an approved maintenance agreement for the cost of maintaining landscaping, parking lots and access ways, critical areas, buffers and all other common areas.

D. When any lot, tract or parcel is created without 30 feet of street frontage, easements shall be given to the owner and city allowing access for police, fire, public and private utilities along the access roads to each tract, lot or parcel.

E. If the city so elects, the city shall be granted power to maintain the access easements and file liens on the property for collection of the costs incurred for maintenance. The authorization to maintain such access ways shall impose no duty on the city to maintain the access ways.

F. The BSP shall contain a provision that the owner’s failure to keep the fire access lanes open and maintained may subject the property to being abated as a nuisance and the city may terminate occupancy of such properties until the access easement ways are adequately maintained.

G. Freestanding signage may be off of the tract, lot or parcel where the business is located as long as city sign requirements are met within the area encompassed by the BSP.

H. Parking requirements for each use must be located on the lot where the use is located or joint parking agreements must be recorded by the owners for the areas of the BSP. Prior to building permit approval, parking agreements must be approved by the city.

I. Landscaping requirements will be met for each phase of the BSP. Landscaping requirements may be met for area of one or more lots as long as a joint maintenance agreement is recorded or included in declaration of covenants. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.120 Development requirements.

A. Lots subject to a binding site plan shall not be sold, leased, or transferred unless the binding site plan and a record of survey map, which is prepared in compliance with Chapter 58.09 RCW including a legal description of each lot being created, is for record in the Snohomish County auditor’s office. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract.

B. All development must be in conformance with the recorded binding site plan. Any development, use or density which fails to substantially conform to the site plan as approved constitutes a violation of this chapter and is subject to all available enforcement provisions of this code and the SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.130 Standards for review of a commercial or industrial binding site plan.

A. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

1. The binding site plan and development of the parcel conforms to all applicable provisions of the comprehensive plan.

2. The binding site plan meets all applicable development standards and zoning regulations.

3. The binding site plan takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site in conformance with the Sultan critical areas regulations, the shoreline master program, the Sultan stormwater management performance standards and all other applicable environmental provisions of the SMC.

4. Adequate public services are provided in conformance with the water system plan and general sewer plan, the transportation plan and transportation element of the comprehensive plan and the Sultan concurrency management system.

5. Examination of the project through the SEPA process and compliance with any mitigation measures required in the SEPA determination. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.140 Standards for review of a manufactured home park.

All manufactured home parks as defined in SMC Title 16 shall be applied for as a binding site plan under provisions of this chapter.

The criteria for approval shall include conformance with the development standards of Chapter 16.42 SMC, as well as all other applicable development standards in SMC Title 16 and all applicable environmental and engineering standards of the city of Sultan. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.150 Standards for review of condominium development.

All condominium developments, whether for new development, or for creating a condominium regime in existing development, shall be applied for as a binding site plan under provisions of this chapter. No condominium filing with the Snohomish County recorder’s office shall be considered valid without city of Sultan authorization attesting to approval of the binding site plan as required by this chapter.

The criteria for approval shall include conformance with all applicable development standards in SMC Title 16 and all applicable environmental and engineering standards of the city of Sultan. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.160 Completion of improvements required.

A. Preliminary approval of a binding site plan shall constitute a commitment between the city and the applicant.

1. By issuance of the preliminary binding site plan approval, the city commits to approval of the final binding site plan application if all conditions of application and all development standards are adhered to.

2. By accepting the preliminary binding site plan approval, the applicant commits to completing the development according to the conditions of approval and the applicable development standards.

B. The following infrastructure systems must be complete prior to application for final binding site plan:

1. Water mains;

2. Sewer mains;

3. Vehicle travel and parking surfaces;

4. Curb and gutter;

5. Stormwater management and erosion control facilities;

6. Sidewalk;

7. Street trees;

8. Native growth protection structures;

9. Underground electrical and telecommunication improvements required for all public or private utilities and public illumination or traffic signal systems, if required, consistent with the approved plans. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.170 Surety permitted for specific improvements.

Certain improvements required as a condition of the preliminary binding site plan approval may be guaranteed for completion after filing of the final binding site plan under the following conditions:

A. Items proposed for surety shall not be in the mandatory completion list provided in SMC 19.18.160.

B. Items proposed to be guaranteed for completion under surety shall be secured to the city by a surety in the amount of 150 percent of the cost of remaining improvements as determined by the applicant’s engineer and as accepted by the city engineer.

C. Infrastructure Available for Surety. The following may be proposed for deferred construction under surety according to this section at the time of application for final plat approval:

1. The final lift of asphalt;

2. Internal park and recreation amenities;

3. Pedestrian connections;

4. Similar features not required for essential operation of the development and delivery of emergency services.

D. Street Trees. For street tree installation as specified in Chapter 19.42 SMC, the developer agreement with accompanying surety shall include that the developer will install all remaining street trees following the sale of 50 percent of the lots or three years from the date of final plat approval, whichever comes first. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.18.180 Lapse of approval of preliminary binding site plan.

Preliminary approval of a binding site plan shall lapse and become void in the case of any of the following:

A. The applicant fails to submit an application for a final binding site plan approval within two years of the date of approval of the preliminary binding site plan.

B. The applicant fails to submit a revised preliminary binding site plan application within 180 days in response to a staff determination that the application submittal does not meet the requirements for a determination of completeness as provided in SMC 19.18.070. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))