Chapter 17.36 BINDING SITE PLANS

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 trailer court. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006)

17.36.020 Authority.

These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and city ordinances. (Ord. 1527 § 1, 2009)

17.36.030 Purpose.

The purpose of this chapter is to provide an alternative to the traditional platting process for the division of land for commercial or industrial purposes or the division of land for lease when used as a mobile home park. Flexibility in the timing of infrastructure improvements shall be considered, but all infrastructure associated with specific lots must be installed prior to the recording of the associated specific binding site plan.

Any person, firm, corporation or other entity which does not divide their property per the city’s subdivision ordinance and seeks to divide business, commercial, industrial zoned land for the purpose of sale, lease or transfer of ownership is required to apply for and complete a binding site plan, including all conditions and related improvements associated with said plan, as is required by this title. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.020)

17.36.040 Definitions.

“Applicant” shall mean any person or legal entity proposing a development plan or a binding site plan.

“Binding site plan” shall mean a drawing to scale which:

1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, and open spaces; and

2. Any other matters required to be identified by the City, and containing inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city; and

3. Contains provisions making any development be in conformity with the site plan; and

4. Contains both precedent and subsequent conditions which identify development thresholds which must be met for each step in the process; and

5. Contains a range of uses which may be constructed within the parcels or tracts contained within the binding site plan; and

6. Requires a separate, two-step process as regulated and described by this chapter, including a general binding site plan and one or more specific binding site plans.

“City” shall mean the City of Ferndale.

“City standards” shall mean the engineering design and development standards as published by the Department of Public Works.

“Covenant” shall mean an agreement that becomes binding at the time it is recorded at the Whatcom County auditor, identifying and describing the rights and responsibilities of various parties associated with a specific project or piece of property.

“General binding site plan” shall mean the final drawing of a binding site plan and dedication prepared for filing for record with the county auditor, containing all elements and requirements set forth in Chapter 58.17 RCW and in these regulations, showing the overall boundary of the site, as well as completed precedent and outstanding subsequent conditions. Lots identified on a general binding site plan may not be sold after the document is recorded.

“Precedent condition” shall mean a requirement which must be met prior to the recording of a specific binding site plan. Precedent conditions may include, but are not limited to, the installation of critical areas mitigation measures, stormwater facilities, and erosion control measures, as well as establishing the feasibility and location of water and sewer connections sizing criteria, and access requirements.

“Preliminary access and utility plan” shall mean a description of proposed infrastructure necessary to achieve build-out of the general binding site plan. The plan shall include, but is not limited to: a description of infrastructure requirements, including access points, compliance with applicable Ferndale Comprehensive Plan Elements, conceptual interior road network (if applicable), utility corridors, connections, and easements, wetland locations and buffers, and other information the City may require. In addition to the plan described above, a narrative shall also be provided. The infrastructure proposed in the preliminary access and utility plan must be in place to serve individual lots prior to the recording of a specific binding site plan, although such infrastructure may be modified on a limited basis, pursuant to FMC 17.36.230.

“Project” shall mean a plan or proposal to make use of a site, structure, parcel, or area. For the purposes of this chapter, a project shall include an anticipated use as identified within the Ferndale Municipal Code, as well as the size, location, and intensity of that use.

“Restrictions and requirements” shall mean those provisions identified by the applicant at the time of the submittal of a general binding site plan, which describe policies, uses and development standards which shall control future development on the site. These requirements may include provisions which place additional restrictions on use types, structure size, height and setbacks, architectural design, and more. In no case shall these requirements be less restrictive than the existing City code, and all uses specifically described by the general binding site plan must be permitted uses in the underlying zone. The City shall determine the highest and best use which may be permitted subject to these restrictions, and shall identify conditions and requirements which reflect these potential uses.

“Specific binding site plan” shall mean the final drawing of a binding site plan and dedication prepared for filing for record with the county auditor, containing all elements and requirements set forth in Chapter 58.17 RCW and in these regulations, for the purpose of identifying conditions specific to a development proposal. In addition, a specific binding site plan shall:

1. Create for use or sale individual lots.

2. Identify outstanding subsequent conditions which must be satisfied prior to the issuance of building or occupancy permits.

“Subsequent condition” shall mean a condition identified on the general binding site plan which must be completed prior to the recording of a specific binding site plan; or, in the case of a specific binding site plan, a “subsequent condition” shall mean a requirement which must be completed prior to the creation or sale of individual lots.

“Zoning code” shall mean City of Ferndale zoning ordinance, FMC Title 18. (Ord. 1527 § 1, 2009)

17.36.050 Binding site plan review procedures.

The review and approval of a binding site plan is a two-step process: general and specific. This two-step process includes the following elements:

A. The general binding site plan identifies general restrictions and requirements for use types and their scale, the location of proposed lots, as well as infrastructure requirements, critical areas, stormwater facilities, and entitlements for the entire site.

Prior to the submittal of a specific binding site plan, no work or use of the site will be permitted unless associated with permits required to satisfy the subsequent conditions of the general binding site plan.

B. The applicant may apply for a specific binding site plan once a specific use for an individual lot or combination of whole lots has been identified.

C. Upon demonstrating that improvements necessary to support the lot and proposed use have been installed or a financial surety for their installation has been provided, the specific binding site plan may be recorded and building permits may be submitted for review. Building permits may not be submitted, and occupancy of any kind may not occur, until a specific binding site plan has been recorded. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.030)

17.36.060 Administration.

The City of Ferndale Community Development Director and Public Works Director, or their designees, shall administer the requirements of this chapter. Their signatures on the individual general and specific binding site plan mylars shall constitute approval. (Ord. 1527 § 1, 2009)

17.36.070 Inscription.

All binding site plans exempt under RCW 58.17.040(7) shall have the following inscriptions:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

The roads and utilities shown on this plan need not have been constructed and/or installed at the time that the property subject to this plan is divided. No permit required to build permanent structures upon any portion of this property, other than for site preparation and mitigation of critical areas, shall be issued until the roads and utilities necessary to serve that portion of this property have been constructed and installed or until arrangements acceptable to the City of Ferndale have been made to ensure that the construction and installation of such roads and utilities will be accomplished.

(Ord. 1527 § 1, 2009)

17.36.080 Binding site plan – Title report.

All binding site plans, general or specific, shall be accompanied by a title company certification (current within 30 days from filing of the binding site plan) confirming that the titles of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan. (Ord. 1527 § 1, 2009)

17.36.090 Binding site plan – Survey required.

A survey must be performed for every binding site plan, general or specific, by or under the supervision of a state of Washington licensed land surveyor. (Ord. 1527 § 1, 2009)

17.36.100 General binding site plan.

17.36.110 Purpose.

The purpose of a general binding site plan is to identify in broad terms the scope and feasibility of development anticipated within the boundaries of the affected parcels, as well as to identify the location of the various lots created by the general binding site plan. The general binding site plan is a guiding document for future development, including specific binding site plans, and provides a general layout, establishes or reconfigures internal lot lines, identifies the location of critical areas and mitigation for the impact of those areas, identifies stormwater requirements and primary access points, and provides specific conditions for future construction. A recorded general binding site plan is required prior to review and approval of a specific binding site plan. (Ord. 1527 § 1, 2009)

17.36.120 Submission requirements.

The applicant shall submit six copies of the general binding site plan, or more upon request by the Community Development Director or his/her designee. The plan shall be prepared by a registered land surveyor who shall certify that the general binding site plan is a true and correct representation of the survey or record information. Each general binding site plan shall have a distinct name and a number assigned by the City. Submission requirements shall also include, but shall not be limited to, the following:

A. Proof of ownership, and owner consent, if applicable.

B. A completed SEPA environmental checklist.

C. Preliminary Access and Utility Plan.

D. Fees associated with general binding site plan review, SEPA review, and any other associated fees as per the adopted Unified Fee Schedule.

E. A professional wetland analysis and mitigation plan, if applicable.

F. A narrative description of the project from conception to final build-out, including restrictions on development identified by the applicant pertaining to land use, lot coverage, height limits, or other similar elements including but not limited to the items listed in FMC 17.36.130(A).

G. Preliminary covenants, codes, and restrictions (CC&Rs) and/or developer agreement, to be recorded with the general binding site plan.

H. Vicinity sketch and one copy of an 11-inch-by-17-inch vicinity map which shall show all adjacent subdivisions, streets, tract lines or acreage parcels, with the names of owners of record of such parcels. It shall show how the streets and alleys in the proposed binding site plan may connect with existing and proposed streets and alleys in neighboring developments or unplatted property to produce the most advantageous development of the entire area.

I. Other restrictions and requirements as deemed necessary by the City.

J. Preliminary Maps. Although draft versions of the general binding site plan may be submitted on paper documents drawn to scale. All preliminary maps to be recorded must include the following:

1. The name of the proposed binding site plan;

2. Contours with intervals of five feet or less referenced to either the United States Coast and Geodetic Survey datum, the plan coordinate system for the state of Washington, or such datum acceptable to the Director of Public Works;

3. All property within the proposed plan, as well as adjacent lands for a distance of 300 feet;

4. Any critical areas or wetlands identified on or influencing the site;

5. All proposed stormwater facilities;

6. Proposed infrastructure improvements, including roads;

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

8. The date, north arrow and true north points and appropriate engineering scale as approved by the Community Development Department (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, one inch equals 60 feet);

9. Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions of angles and arcs, and of all curve data;

10. Location, pipe sizes and grades of all existing sewers, water mains, culverts, electrical conduits, telephone conduits and other underground installations within the tract and immediately adjacent thereto;

11. Number of each lot consecutively;

12. Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

13. Zoning setback lines and a delineation of buildable areas within each lot;

14. Location, dimensions and purpose of any easements, noting if the easements are private or public;

15. Other important features, such as permanent buildings, power lines, telephone lines, railroad lines, municipal boundaries, township lines and section lines; all setbacks, and all encroachments;

16. Existing monuments of record and monuments as required in FMC 17.32.030, as well as all lot corners set and found;

17. A dedicatory statement acknowledging public and private dedications and grants, as well as their purpose. If applicable, the map shall also identify those common areas included in the dedicatory statement;

18. Parking areas, general circulation and landscaping area when required;

19. Proposed use and location of buildings when required;

20. Loading areas when required;

21. The applicable requirements of RCW 58.17.040(7) shall be met, and inscribed on the site plan, as per FMC 17.36.070;

22. The name, address and telephone number of the owner and the professional land surveyor preparing the plan;

23. General layout and approximate sizes of water distribution system, sewage disposal system, drainage system and street system including sidewalks;

24. Areas proposed to be dedicated or reserved for school, park, playground, open space or aesthetic uses;

25. Location of water bodies, water courses, areas subject to flooding, wetlands, marshes, wooded area and rock croppings;

26. Any variance requested from City standards or technical committee report must be stated on the face of the preliminary map and identified with the words “variance requested”;

27. Other restrictions and requirements as deemed necessary by the City.

K. Final Maps. The final version of the general binding site plan shall be drawn on mylar drafting film having dimensions of 18 inches by 24 inches and must include the following:

1. The parent parcel tax ID number;

2. Street address designated by the City;

3. The name of the binding site plan, property owners and boundaries of abutting property;

4. A completed survey showing the boundaries of the parent parcel and the proposed parcel(s) and a description of all monuments set;

5. The accurate and complete legal description of the property included in the proposed lot(s)/binding site plan;

6. The location of all existing structures to remain and wells with dimensions shown to new proposed lot lines;

7. The location of roads, utilities, easements or rights-of-way proposed for the binding site plan;

8. Any dedication must be shown on the face of the record survey;

9. Notarized signatures of all parties, having an interest in the land agreeing to the division of property and the dedication of any rights-of-way or easements;

10. All existing driveways and recorded access easements for roadways to the plat to be shown for a distance of 300 feet from the edges of the binding site plan. Driveway locations and widths on both sides of any adjacent roadways shall be shown;

11. Approval of certificates and dedications as per FMC 17.36.220;

12. Other restrictions and requirements as deemed necessary by the City. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.040)

17.36.130 General binding site plan review procedure.

A. The following procedure shall establish precedent and subsequent conditions, which will be used by the City to guarantee the feasibility of the proposed project. These standards for evaluating development feasibility will include but are not limited to staff’s assessment of the applicants’ proposal for the following:

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

2. Required infrastructure improvements and phasing of improvements;

3. Identification of potential critical areas with mitigation commensurate to impacts on those areas;

4. Infrastructure requirements;

5. Special building restrictions;

6. General land use regulations;

7. A phasing plan with appropriate provisions for known parcels not abutting a public street;

8. Buffers and/or setback requirements;

9. Minimum levels of service and access requirements that must be in place prior to approval of a specific binding site plan;

10. Proposed lot layout and number of lots.

B. Upon receipt of a complete general binding site plan application, the Community Development Director or his/her designee shall forward the application to the Technical Review Committee for review and comment. Based on comments received, the Community Development Director shall conditionally approve, disapprove, or return to the applicant for additional information the general binding site plan. If conditionally approved, the applicant shall complete any necessary precedent conditions prior to final approval of the general binding site plan by the Community Development Director, and Public Works Director, and the subsequent recording of said document.

C. The general binding site plan must be prepared and stamped by a registered 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 must also be stamped by a professional engineer attesting that all infrastructure improvements required under the general binding site plan can be constructed.

D. The signed and approved general binding site plan shall be filed and recorded with the county auditor’s office, and the applicant shall provide the City with both a digital and mylar copy of all recorded documents, as well as any parcel numbers associated with the creation of new lots. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.050)

17.36.140 General binding site plan recording – Effect.

Recording of the general binding site plan must take place within 180 days of approval by the City, and shall constitute authorization for the applicant to take the necessary steps to meet the subsequent conditions of the general binding site plan imposed by the City before commencing the specific binding site plan review process. If the general binding site plan is not recorded within 180 days of approval, the plan shall be considered abandoned and the applicant will be required to resubmit all related documents. (Ord. 1527 § 1, 2009)

17.36.150 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, the general binding site plan shall expire. The Subdivision Administrator may extend the time limit for one year at a time and only two such extensions shall be approved. If all specific binding site plans are not submitted or completed by the end of all approved extensions, then it shall be considered abandoned. No action shall be taken on an abandoned site plan without resubmission. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.060)

17.36.160 Specific binding site plan.

17.36.170 Specific binding site plan purpose.

The purpose of the specific binding site plan is to enable the applicant to create individual lots for use or sale, and to develop lots within the general binding site plan without undergoing a lengthy review and approval process; provided, that a specific development application is proposed and has been determined to be feasible by the City of Ferndale, with appropriate conditions and infrastructure in place.

The applicant will be required to demonstrate that all subsequent requirements of the general binding site plan have been satisfied prior to recording the specific binding site plan. The applicant must also provide the City with a specific project proposal which shall be binding on the applicant upon recording of the specific binding site plan. This proposal must be consistent with the restrictions and regulations recorded with the general binding site plan. If approved, the specific binding site plan may be approved in place of the site plan approval described in Chapter 14.09 FMC.

A specific project proposal shall include a description of all structures and uses anticipated in the specific binding site plan proposal, including the type of use, the number of structures and their square footage, including their location within the specific binding site plan, as well as provisions for the installation of utilities, roadways, and other infrastructure. The City of Ferndale may require professional studies in order to assess the impacts and identify mitigation requirements of the specific project proposal. (Ord. 1527 § 1, 2009)

17.36.180 Submission requirements.

No individual lots may be created, bought or sold with the recording of a general binding site plan until a specific binding site plan has been recorded. In addition, the reconfiguration of lot lines shown in the general binding site plan shall require a revision to said plan.

Prior to the submittal of any specific binding site plan application, the applicant shall be required to submit to the City in writing a narrative document demonstrating compliance with all requirements of the general binding site plan.

A. Each specific binding site plan shall include a map prepared by a professional land surveyor based on a complete survey. The applicant shall submit six 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 submittal of the specific binding site plan. Copies of all deeds and easements referred to in the plat certificate shall be furnished with the submittal;

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

3. Topographical and other data: ground elevations on the tract, based on the City’s adopted survey control network; for land that slopes less than approximately two percent, show spot elevations at all breaks in grade, along all drainage channels or swales; for land that slopes more than approximately two percent, either show contours with an interval of not more than five feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings;

4. The location and dimension of all existing and proposed rights-of-way that provide primary access to the site, easements, utilities, and other existing and proposed public improvements. All proposed improvements must be designed by a professional engineer and conform to the requirements of the City of Ferndale development standards;

5. Complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections, including complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing and including a sketch showing all distances, angles and calculations required to determine corners and distances of the plat. The allowable error of closure shall not exceed one foot in 5,000 feet;

6. Street names and right-of-way widths shall be shown. If street dedications or additional right-of-way purchases have been made after the original binding site plan filing date, the auditor’s file 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 ordinance number shall be shown within the vacated portion of the street;

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

8. 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;

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

10. 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;

11. The county auditor’s file number of the applicable general binding site plan;

12. Future major streets, roads, utilities, open space, building dimensions, distance between buildings, and location of parking areas, to the extent known;

13. Such additional other information as the City deems necessary.

B. In addition to the map data described above, the following code data shall be submitted, to the extent it is known. The City may require all or a part of this data to be recorded with or separately from the specific binding site plan:

1. Zoning district;

2. Total lot area (square feet);

3. Total building area (square feet) and height (in feet and stories);

4. Percent of building and impermeable site coverage;

5. Number of units proposed;

6. Total number of parking stalls (including handicapped);

7. Total parking and maneuvering area (square feet);

8. Required landscaping (square feet);

9. Percent of lot in open space;

10. Type of construction;

11. Sprinkled/non-sprinkled;

12. Occupancy classification; and

13. Description of proposed uses.

C. The application shall be accompanied by a fee as established by the City of Ferndale current Unified Fee Schedule.

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

1. A detailed description of the development project proposed in the specific binding site plan.

2. A general stormwater management plan completed by a professional engineer including, but not limited to, stormwater quality and quantity management and erosion and sedimentation control;

3. A completed SEPA environmental checklist and/or additional environmental review if required under the provisions of a phased SEPA review initiated in the review of the general binding site plan;

4. Attachment of Covenants, Conditions, or Restrictions. A copy of any and all covenants, conditions and restrictions that are drafted in conjunction with or as a result of the general binding site plan shall accompany the specific binding site plan. Said covenants, conditions and restrictions 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. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.070)

17.36.190 Specific binding site plan review procedure.

A. The review procedures listed below provide a timely staff review of site plan divisions; and ensure appropriate conditions and requirements have been met. No occupancy permit or use of the parcel or lease area(s) being created by a binding site plan shall be issued or allowed until all necessary improvements and requirements specified by this title, other applicable City regulations, and the general binding site plan have been met.

B. Upon receipt of a complete specific binding site plan application, the Community Development Director shall forward the information to the Technical Review Committee for their review. A Technical Review Committee meeting shall be scheduled with the applicant to note what changes, corrections, additions, or deletions, if any, should be made to the plan. Prior to approval of the plan, the committee shall ensure that the following improvements have been or will be provided to serve sufficiently the anticipated uses on the plan:

1. Adequate water supply;

2. Adequate sewage disposal;

3. Appropriate storm drainage improvements;

4. Adequate fire hydrants;

5. Appropriate access to the anticipated uses within the plan; and

6. Provision for the appropriate deed, dedication, and/or easements.

The committee shall review the plan to determine whether it is compatible with the development already constructed or with plans approved for the project.

C. Final Maps. The following data must be provided on the final specific binding site plan map to be recorded with the county auditor:

1. The name of the proposed binding site plan and its section, township and range on each sheet;

2. True and magnetic north points on each sheet which depicts property included in the proposed plat;

3. The scale, uniform and of sufficient size for good legibility, on each sheet which depicts property included in the proposed plat;

4. The number of the sheet and total number of sheets on each sheet;

5. Accurate lines with complete bearings and lineal dimensions depicting the perimeter of the land included in the proposed binding site plan with heavier lines than appear elsewhere on the proposed plat;

6. Accurate lot lines with bearings, lineal dimensions and other data necessary for the location of any lot line in the field;

7. Location, width, centerline, names and acknowledged statement of dedication of all streets and other ways dedicated to the public by the subdivider;

8. Location, dimensions and acknowledged statement of dedication of all parks, playgrounds and other area dedicated to the public by the subdivider;

9. Location, dimensions and description of purpose of all private ways, open spaces or other areas reserved for the benefit of the land included within the proposed binding site plan;

10. Location shown by broken lines, dimensions and description of purpose of all easements over the land included within the proposed binding site plan;

11. The location of all monuments or other evidence used as ties to establish the proposed binding site plan boundaries;

12. The location, size and shape of all permanent control monuments found and established at the controlling corners on the perimeter and within the proposed binding site plan;

13. The length and bearing of all straight lines and the radii, arcs and semitangents of all curves;

14. A reference to any restriction or covenants to be recorded with the specific binding site plan and included in the deeds to the lots;

15. A certificate signed by a registered land surveyor that the binding site plan was surveyed and prepared either by himself or under his supervision, that the plat is a true and correct representation of the lands actually surveyed, and that permanent control monuments have been established at each and every controlling corner of the parcel of land being subdivided;

16. A list showing the square footage of each lot within the binding site plan;

17. A certificate signed and acknowledged before a notary public by all parties having any interest in the land included in the binding site plan giving a full and correct description of the lands divided as they appear on the binding site plan, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the binding site plan contains a dedication, the certificate shall provide wording for dedication of the streets and/or other areas shown on the binding site plan to the public, or to some other party. If the dedication is to the public, the certificate shall contain a waiver by the owners and their heirs and assigns of all claims for damages against any governmental authority which may be occasioned to adjacent property by the construction, drainage and maintenance of the road or area and, if required as a condition of general binding site plan approval, a waiver of the right of direct access to any street from any property;

18. A certificate signed by the county treasurer’s office that all taxes and delinquent assessments for which the property is liable as of the date of certification have been duly paid, satisfied or discharged;

19. Space for approval by the City Clerk;

20. A certificate for acknowledgment of the filing of the binding site plan by the county auditor and providing for the name of the person filing the binding site plan;

21. Space for approval by the Community Development Director;

22. Space for approval by the Director of Public Works.

D. At least one copy of the following accompanying documents:

1. Updated and current title report prepared no more than two weeks prior to specific binding site plan approval showing all persons having an interest in the land included in the specific binding site plan and in the land over which any easements are proposed to serve the binding site plan;

2. For a specific binding site plan lying wholly or partially within a flood control zone, the approval of the Washington State Department of Ecology;

3. For a specific binding site plan lying wholly or partially within an irrigation district organized pursuant to Chapter 87.03 RCW, approval of the irrigation district(s) as to the adequacy of irrigation water rights-of-way shown on the final plat for all lots located within the irrigation district;

4. Recommendations of the following:

a. Approval or disapproval of the City or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

b. The Community Development Director as to compliance with all terms of the general binding site plan, subdivision or dedication; and

c. The Public Works Director or a licensed engineer acting on behalf of the City who is not connected in any way with the subdividing of the land for which subdivision approval is sought, as to compliance with all City development standards and related regulations, and acceptable completion of all physical infrastructure;

5. Such other information as the Community Development Director or Public Works Director deems necessary for an adequate review of the specific binding site plan.

E. Upon compliance with all conditions of the general binding site plan contract, and the specific binding site plan has been determined to be complete and feasible by the Community Development Director and Public Works Director, it shall be signed by the owners, other required parties, and the City. Once signed, the specific binding site plan shall be filed for record with the county auditor’s office. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.080)

17.36.200 Specific binding site plan approval and recordation – Effect.

Approval of the specific binding site plan by the City shall permit the applicant to record the plan with the Whatcom County auditor. Recordation must take place within six months of City approval. Such approval and recordation shall constitute authorization for the applicant to create and sell individual lots, as well as formally submit applications, including building permits, for specific projects on individual lots described by the recorded specific binding site plan. In many cases, the specific binding site plan may replace the site plan review process identified in Chapter 14.09 FMC. If the specific binding site plan is not recorded within 180 days of City approval, the plan shall be considered abandoned and the applicant will be required to resubmit all required documents. (Ord. 1527 § 1, 2009)

17.36.210 Infrastructure improvements.

It is the intent of this section that the required infrastructure improvements be installed prior to building construction:

A. Before approval may be granted for any specific binding site plan, the following improvements must be completed or bonded for under the conditions specified in the general binding site plan:

1. Street improvements;

2. Stormwater management;

3. City water;

4. Sanitary sewer;

5. Appropriate dedications or easements as required;

6. All applicable private utilities.

B. If the development of the site is to be done in phases, the applicant shall submit a schedule of installation of the required improvements prior to approval of a general or specific binding site plan. Such improvement schedule is subject to approval of the Community Development Director and Public Works Director.

C. A professional engineer shall design all improvements in accordance with the City’s development standards and the appropriate utility comprehensive plans.

D. Security covering construction performance and guaranteeing the construction shall be required to the satisfaction of the Public Works Director. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.090)

17.36.220 Certifications and dedications.

The following certificates and information shall appear on every binding site plan, generic or specific:

A. Land Surveyor Certification.

I hereby certify that this binding site plan was prepared under my direction, and is based on 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) PLS Number
(seal to be affixed)

B. Public Works Director.

I hereby certify that this binding site plan has been examined and that all the requirements of the City of Ferndale have been provided for and is hereby approved by the Department of Public Works this _____ day of ________, 20_____.

____________________________
Public Works Director or designee

C. Community Development Director or Designee.

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

____________________________
Community Development Director

D. Covenants, Conditions and Restrictions.

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

(Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.100)

17.36.230 Modifications.

A. The Community Development Director and Public Works Director shall consider any modifications to a general or specific binding site plan. The Community Development Director and Public Works Director may allow minor modifications to the plan without modifying said instrument.

B. All other modifications, including lot line adjustments, shall require amendment to the general binding site plan contract. An amendment shall be processed in the same manner as the original application.

C. Binding site plans which are proposed to contain uses that are subject to a conditional use permit, such as a mobile or manufactured home park, must first receive conditional use approval before a binding site plan (general or specific) can be approved. In some cases, the Community Development Director and Public Works Director may determine that a specific use which is proposed following the recording of a general binding site plan may be authorized without first amending the general binding site plan, subject to conditional use approval. In making their determination, the Community Development Director and Public Works Director shall consider whether the proposed use exceeds the modification standards provided for in subsection (A) of this section. (Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.110)

17.36.240 Appeals.

Appeals of administrative decisions made pursuant to this chapter shall be made to the Hearings Examiner, subject to FMC 14.11.070. (Ord. 1527 § 1, 2009)