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A. Binding site plans shall be approved upon showing compliance with the following:

a. Applicable City, State and Federal zoning, land use, environmental and health regulations, policies or plans, including but not limited to:

i. Kettle Falls Comprehensive Plan;

ii. Kettle Falls Unified Development Ordinance;

iii. Engineering design standards;

iv. Critical Areas (KFMC 18.05); (Ord. 1704, 2011).

b. The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for students who walk to and from school;

c. The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with KFMC 18.05 and Chapter 43.21C RCW; (Ord. 1704, 2011).

d. Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare.

B. Notwithstanding conformance with the criteria provided in subsection A herein, a proposed binding site plan may be denied because critical areas. Where any portion of the proposed binding site plan lies within a critical area, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with Section KFMC 18.05 and any written recommendations of the Washington Department of Ecology. (Ord. 1704, 2011).