Chapter 18.24
BINDING SITE PLANS

Sections:

18.24.010    Applicability.

18.24.015    Purpose.

18.24.020    Binding site plan review procedures.

18.24.030    General binding site plan submission requirements.

18.24.040    General binding site plan review procedure.

18.24.050    Specific binding site plan submission requirements.

18.24.060    Specific binding site plan review procedure.

18.24.070    Certifications and dedications.

18.24.080    Infrastructure improvements.

18.24.090    Modifications.

18.24.100    Binding site plan fees.

18.24.010 Applicability.

The division of commercial or industrial zoned land for sale or lease when used for commercial or industrial purposes, or the division of land for lease when used as a mobile home park, recreational vehicle park, or trail court. [Ord. 10833 § 1, 1997; Ord. 8512 § 1, 1976; Code 1980 at § 18.30.010].

18.24.015 Purpose.

The purpose of this section is to provide an alternative to the traditional “platting” process for the division of land in commercial and industrial zones, to allow for the sale or lease of parcels in mobile home parks, and to allow flexibility where appropriate in the timing of required infrastructure improvements. In addition, it is the intent to this chapter to encourage simultaneous construction of required infrastructure and private structures. [Ord. 10833 § 1, 1997].

18.24.020 Binding site plan review procedures.

The review and approval of a binding site plan is a two step process: general and specific. No sale of land divided through a binding site plan process shall be allowed prior to final approval of a specific binding site plan providing for such sale.

General and specific binding site plan applications shall follow the procedures in Chapter 21.10 BMC. [Ord. 2005-08-066; Ord. 10833 § 1, 1997].

18.24.030 General binding site plan submission requirements.

The applicant shall submit five copies of the general binding site plan, or more upon request by the city. Each sheet of the plan shall be 18 inches by 24 inches. The horizontal scale of the plan shall be at least one inch equals 100 feet but not more than one inch equals 20 feet. The plan shall be prepared by a registered civil engineer, or land surveyor who shall certify that the general binding site plan is a true and correct representation of survey or record information. Each general binding site plan shall have a distinct name, and a number assigned by the city. The plan shall clearly show the following information:

A. An accurate and complete legal description with area in acres together with a plat certificate or subdivision guarantee dated within seven days of the general binding site plan submittal. Copies of all deeds and easements referred to in the plat certificate shall be furnished with the submittal;

B. The name, address, and telephone number of the owner and the professional preparing the plan;

C. The topography of the site at five feet contour intervals (based on city datum), identification of the existing drainage pattern and any creeks or other drainage facilities;

D. All existing and proposed rights-of-way which provide primary access to the site, easements, utilities, and other existing and proposed public improvements;

E. All parcels of land intended to be dedicated or reserved for public use;

F. The location and dimension of all common areas adjacent to and on the subject site, and a description of the purpose of the common area;

G. The map shall include the property in the proposed plan and adjacent lands for a distance of 300 feet;

H. If the general binding site plan contains a dedication, a certificate or separate written instrument shall provide wording for dedication of the street and/or other areas shown on the site plan to the public;

I. A completed environmental (SEPA) checklist as supplied by the department of planning and community development if required under state and/or city of Bellingham SEPA ordinances. [Ord. 10833 § 1, 1997; Ord. 9352 § 5, 1984; Ord. 8512 § 2, 1976; Code 1980 at § 18.30.020].

18.24.040 General binding site plan review procedure.

A. Purpose. To establish necessary requirements for site development which will include but are not limited to:

1. Allowed range of uses and approximate number of tenants.

2. Required infrastructure improvements and phasing of improvements.

3. Identification of environmentally sensitive areas and buffers, and future wetland enhancement/restoration requirements.

B. Prior to submittal of a general binding site plan application for consideration by the city, the applicant is encouraged to meet with representatives of the planning and community development, public works, and parks and recreation departments. The city and the applicant may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, potential environmental constraints and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant.

C. Technical Review Committee. Upon receipt of a complete general binding site plan application, the technical review committee consisting of the planning and community development director as chair, public works director, fire chief, assistant public works director, engineering, and other administrative staff as determined by the mayor, or an authorized representative of each, shall conduct an informal meeting with the developer(s) for the purpose of reviewing and pointing out what, if any, corrections, additions, deletions, etc., should be made to the preliminary plan. The recommendation of the technical review committee shall be forwarded to the applicant(s).

D. Upon preliminary approval of a general binding site plan, the applicant shall prepare a general binding site plan consistent with the requirements of this chapter and the contract. The general binding site plan shall be prepared by a registered civil engineer or land surveyor who shall certify that the general binding site plan is a true and correct representation of the land surveyed. The general binding site plan shall be filed with the Whatcom county auditor’s office and shall contain or reference conditions for development and specific binding site plan approval.

E. Time Limitation. If no specific binding site plans have been approved within five years of the date of recording of the general binding site plan and contract, the general binding site plan and contract shall expire. The applicant may obtain an extension of the general binding site plan not to exceed two years by filing a written request with the planning and community development director prior to the expiration of the five-year period. [Ord. 2004-09-065; Ord. 2002-10-069 § 36; Ord. 10833 § 1, 1997].

18.24.050 Specific binding site plan submission requirements.

A. Each specific binding site plan shall include a map prepared by a licensed civil engineer or land surveyor based on a complete survey. The applicant shall submit five copies of the specific binding site plan, or more upon request by the city, which clearly shows all items set forth below:

1. An accurate and complete legal description with area in acres together with a plat certificate or subdivision guarantee dated within seven days of the preliminary plat submittal. Copies of all deeds and easements referred to in the plat certificate shall be furnished with the submittal. The horizontal scale of the plan shall be at least one inch equals 100 feet, but not larger than one inch equals 20 feet. The size of each sheet shall be 18 inches by 24 inches. A border line shall be drawn around each sheet, with a blank margin of one inch on each edge. Each specific binding site plan shall have a distinct name, and a number assigned by the city. The map shall also include the boundaries of the subject general binding site plan and names or numbers of adjacent divisions;

2. The name, address, and telephone number of the owner and the professional preparing the plan;

3. The location of all monuments or other evidence including data for all supplemental control points used to establish parcel boundaries and the location of all permanent control monuments found and established at the controlling corners of each parcel;

4. The topography of the site at five feet contour intervals (based on city datum) and identification of the existing drainage pattern;

5. All existing and proposed rights-of-way, easements, utilities, and other existing public improvements. Proper street names, and right-of-way widths and adjacent block lines shall be shown. If street dedications, or additional right-of-way purchases have been made after the original general binding site plan filing date, the auditor’s file number of deed number shall be shown in the area of the affected street right-of-way. If the binding site plan includes a portion of a vacated street, the city vacation ordinance number shall be shown within the vacated portion of the street;

6. The location and dimension of all existing and proposed common areas and a description of the purpose thereof;

7. All parcels of land intended to be dedicated or reserved for public use, proposed public and/or private streets and open spaces;

8. A statement on the face of the map that requires all construction to conform with the requirements of the general binding site plan contract;

9. Certification that the specific binding site plan is a true and correct representation of the land actually surveyed, and that permanent control monuments have been established at each controlling corner of the parcel;

10. The auditor’s file number of the applicable general binding site plan.

B. In addition to the map or maps, every application for specific binding site plan shall include the following information:

1. A general stormwater management plan including but not limited to:

a. Stormwater quality and quantity management;

b. Erosion and sedimentation control;

2. A completed environmental (SEPA) checklist as supplied by the department of planning and community development if required under the provisions of a phased SEPA review process initiated in the review of the general binding site plan or by state and/or city of Bellingham SEPA ordinances;

3. Attachment of covenants, limitations and conditions. A copy of any and all covenants, limitations and conditions which are drafted in conjunction with, or as a result of, a binding site plan, shall accompany the binding site plan. Said covenants, limitations and conditions shall either be shown on the face of the plan, or shall be recorded at the county auditor’s office with the binding site plan. [Ord. 10833 § 1, 1997].

18.24.060 Specific binding site plan review procedure.

A. The purpose of the specific binding site plan is to provide an expeditious staff review of site plan divisions; ensure appropriate conditions and requirements have been met; and provide proper recording of divisions for sale or transfer. No occupancy permit or use of the parcel or lease area(s) being created by a specific binding site plan shall be issued or allowed until all necessary improvements and requirements as specified by this title and the general binding site plan contract have been met. Unless modified by a time limit extension request or condition by previous permit, the first specific binding site plan shall be filed within five years of the date of the general binding site plan contract or the binding site plan will expire.

B. Technical Review Committee. Upon receipt of a complete specific binding site plan application, the technical review committee consisting of the planning and community development director as chairman, public works director, fire chief, parks director, police chief, building official, or an authorized representative of each, shall conduct an informal meeting with the developer(s) for the purpose of reviewing and pointing out what, if any, corrections, additions, deletions, etc., should be made to the site plan. The recommendation of the technical review committee shall be forwarded to the applicant(s).

C. Upon compliance with all necessary requirements, the specific binding site plan shall be signed by the property owners and others identified in BMC 18.24.070. Once properly signed, the specific binding site plan shall be filed for record with the Whatcom County auditor’s office. [Ord. 2005-08-066; Ord. 10833 § 1, 1997].

18.24.070 Certifications and dedications.

The following certificates and information shall appear on every binding site plan:

A. Land Surveyor Certification.

I hereby certify that this binding site plan was prepared under my direction, and is based upon an actual field survey at the request of ________________________ on ____________________, 20___; that the technical data is correctly shown thereon; and that all required monuments and/or parcel corner markers will be set at the designated points shown on the plan prior to issuance of any and all building permits.

 

 

(Name printed)

P.L.S. Number

(Seal to be affixed)

B. Department of Public Works.

I hereby certify that this binding site plan has been examined and that all of the requirements and conditions of the Technical Review Committee have been provided for and is hereby approved by the Department of Public Works this _____ day of _______________, 20____.

 

 

 

Public Works, Bellingham

C. Department of Planning and Community Development.

I hereby certify that this binding site plan has been examined for conformance with applicable State statutes and City ordinances together with a review of the technical information shown thereon and is hereby approved by the Department of Planning and Community Development this _____ day of _______________, 20_____.

 

 

 

Planning and Community Development; Bellingham

D. Covenants, Limitations and Conditions.

All parcels within this binding site plan are subject to the restrictive covenants, limitations and conditions as recorded in Whatcom County Auditor’s Office, Volume _____ of _____, at page _____.

E. County Auditor’s Certificate.

I hereby certify that this binding site plan was filed for record in the office of the Auditor of Whatcom County, Washington, at the request of _______________ on this _____ day of _______________, 20____, in Volume _____ of Short Plats at page _____, Whatcom County records.

 

 

 

Auditor, Whatcom County, Washington

F. Copies Required. In accordance with state statutes and regulations of this chapter, the land surveyor shall, at no cost to the city, furnish the department of planning and community development with one permanent mylar original of the recorded binding site plan the same day as recording. The land surveyor shall also furnish one reduced vellum or mylar copy of the binding site plan at a scale ratio of 1:2,400 (one inch equals 200 feet). [Ord. 10833 § 1, 1997; Ord. 9550 § 22, 1986; Ord. 9352 § 5, 1984; Ord. 8512 § 5, 1976; Code 1980 at § 18.30.050].

18.24.080 Infrastructure improvements.

It is the intent of this section to allow the required infrastructure improvements to be installed prior to or concurrently with building construction.

A. Before approval may be granted for any specific binding site plan, the following improvements have been provided or will be provided at the time of building construction under the conditions specified in the binding site plan contract:

1. Street improvements.

2. Stormwater management.

3. City water.

4. Sanitary sewer.

5. Appropriate dedications or easements as required.

B. If the development of the site is to be done in phases, the applicant shall submit a schedule of installation of required improvements to coincide with development phasing. Such improvement schedule is subject to approval of the director of public works.

C. The principal frontage street providing access to the general binding site plan shall be improved to a full standard street (consistent with the requirements specified in the general binding site plan contract). The surface shall be at least of asphalt concrete quality and there shall be adequate provision for storm drainage. Alternatively, the applicant may be required to sign a commitment to support a local improvement district (LID) for the future installation of a full standard street.

D. All principal frontage streets providing access to the general binding site plan shall have a right-of-way width of no less than 60 feet, if a through street, or 50 feet if a cul-de-sac. In the event the abutting street does not meet these minimum standards, additional right-of-way shall be required. This requirement may be waived if, in the opinion of the planning and community development director and the city engineer, such additional right-of-way is not necessary for the future traffic circulation of the city.

E. Streets providing access to specific binding site plan developments may be either public or private and shall be built to standards adequate for access to the site based on the proposed use of the property.

F. Contract required for dedicated improvements. All improvements constructed for a project under this chapter which are to be dedicated to the city shall be constructed in accordance with a contract between the applicant and the city, providing at least:

1. Terms and conditions satisfactory to the city, including design and construction standards;

2. Requiring a permit to be issued before commencement of construction; and

3. In the discretion of the director of public works, appropriate security may be required, covering construction performance and guaranteeing the construction after completion for a period of one year. [Ord. 10833 § 1, 1997].

18.24.090 Modifications.

Any modification to a general or specific binding site plan shall be considered by the technical review committee. The technical review committee may allow minor modifications to the contract without modifying said instrument. Major modifications shall require amendment to the general binding site plan contract. An amendment shall be processed in the same manner as an original application. [Ord. 10833 § 1, 1997].

18.24.100 Binding site plan fees.

Applications for general and specific site plans shall be submitted with applicable application fees as determined by council resolution. [Ord. 10833 § 1, 1997].