15.06.050 Review criteria and required findings.
A. The proposed preliminary binding site plan shall be reviewed and approved only when the following criteria and findings are satisfied:
1. Compliance with the provisions of this title including Chapter 15.12 LMC, Design Standards.
2. Conformity with all applicable zoning requirements of LMC Title 16.
3. Conformance with the goals and policies contained in the Comprehensive Plan and all associated elements.
4. Consistency with applicable design standards of Chapter 14.23 LMC.
5. Compliance with the provisions of any applicable federal, state and local law.
6. Appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, access points, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant requirements, including safe walking conditions for students who walk to and from school.
7. The public interest will be served by the binding site plan and dedications.
B. The director may disapprove a proposed binding site plan because of flood, inundation, or critical area limitations. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final map. No binding site plan shall be approved covering any land situated in a flood control zone (floodway) as provided in Chapter 86.16 RCW without the prior written consent of the Washington State Department of Ecology unless a note and identification of this area is shown on the face of the final plat which prohibits the development of this area in any manner except as specifically approved by law. These areas cannot be included in the area calculated to meet the requirements for minimum lot area.
C. As a condition of approval, the director may require dedication of land to any public body, provisions of public improvements to serve the land division, and/or mitigation fees authorized by law.
D. Preliminary binding site plan approvals are valid for a period of five years. During that period the conditions of approval must be fulfilled or financial security provided for as required in Chapter 15.16 LMC. If the conditions attached to the preliminary binding site plan approval are not satisfied or appropriately bonded for, and the binding site plan is not filed for record within the required period, preliminary approval of the binding site plan shall become null and void. (Ord. 1520 §30, 2017; Ord. 1235 §1, 6, 2005).