Chapter 16.22
BINDING SITE PLAN
Sections:
16.22.020 Definition of binding site plan.
16.22.040 Application and fees.
16.22.050 Authorization to proceed – Appeals.
16.22.060 Final binding site plan.
16.22.070 Design and improvement requirements.
16.22.080 Final approval expiration – Filing.
16.22.090 Alteration or vacation of a binding site plan.
16.22.100 Additional requirements.
16.22.010 Purpose.
The purpose of this chapter is to create an alternative method of land division when dividing property for the purpose of sale, lease or transfer for commercial, industrial, warehouse, and downtown business zoned property or condominiums and mobile home parks. The Washington State Legislature authorized the binding site plan method of dividing property in RCW 58.17.035 as an alternative to the subdivision or short subdivision process. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.020 Definition of binding site plan.
“Binding site plan” means a drawing to scale which:
A. Identifies and shows the area and locations of all streets, roads, improvements, utilities, open spaces and other requirements specified by the city of Cashmere zoning ordinance, subdivision ordinance, critical areas ordinance, or the shoreline master program or other approved city ordinances or plans;
B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city of Cashmere zoning ordinance, subdivision ordinance, critical areas ordinance, or the shoreline master program or other conditions required by the city; and
C. Contains provisions requiring any development to be in conformity with the site plan. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.030 Applicability.
The binding site plan process is used to divide property for the purpose of sale, lease or transfer of ownership as an alternative method of land division and is authorized for only those purposes allowed by RCW 58.17.035. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.040 Application and fees.
A. Preliminary Approval. Any person desiring to subdivide land using the binding site plan process shall complete an application and file it with the city. At the time the applicant files an application with the city, he/she shall pay a nonrefundable filing fee. The city will not grant preliminary approval unless the applicant has submitted a completed application and supporting documentation and paid the nonrefundable filing fee.
B. Alteration. Any person desiring to alter an approved binding site plan shall complete an application and file it with the city. At the time the applicant files an application for an alteration with the city, he/she shall pay a nonrefundable filing fee as set forth in a separate resolution of the Cashmere city council. The city will not grant approval for an alteration unless the applicant has submitted a completed application and paid the nonrefundable filing fee. In addition, the applicant shall pay for the preparation of a revised mylar.
C. Recording Fees. The applicant shall be responsible for the payment of all recording fees charged by the Chelan County auditor. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.050 Authorization to proceed – Appeals.
Pursuant to CMC 14.09.040, binding site plans are classified as full administrative review of application. The city shall approve, disapprove, or return for modification within 120 days of receipt of a complete application. Any decision made by the city on a proposed binding site plan shall be based on the following considerations and supported by appropriate findings and conclusions:
A. The public use and interest will be served by the approval of the binding site plan.
B. The proposed site plan is in conformance with city of Cashmere adopted ordinances, the comprehensive plan and other land use regulations and official plans as appropriate.
C. That the factors listed in RCW 58.17.110 have been satisfied, as now exists or may hereafter be amended, including that appropriate provisions have been made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.
D. Any decisions of the city may be appealed to the city of Cashmere hearing examiner as provided for in Chapter 14.11 CMC, Appeals. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.060 Final binding site plan.
A. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a registered land surveyor. Every binding site plan shall consist of one or more sheets, 18 by 24 inches, clearly and legibly drawn on stable base mylar. All drawings, lettering and signatures on the binding site plan shall be made in permanent black ink. A line shall be drawn around the sheet leaving a blank margin of two inches on the left side, to allow for binding, and one inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly and in no case shall be smaller than one inch equals 100 feet nor greater than one inch equals 50 feet.
B. Each sheet of the binding site plan shall contain the applicant’s name, the binding site plan number assigned by the city, the date, a graphic scale, and a north arrow.
C. Each binding site plan map shall include:
1. All section, township, municipal and county or city lines lying within or adjacent to the site plan.
2. The location of all monuments or other evidence used as ties to established site plan boundaries.
3. The location and width, shown with broken lines, and a description of all easements.
4. Address numbers assigned within the binding site plan.
5. Delineation of any environmental critical areas.
6. Other conditions of approval. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.070 Design and improvement requirements.
All required improvements in a binding site plan shall be designed and completed in accordance with Chapter 16.04 CMC, Introduction, and Chapter 16.32 CMC, Public Improvements, or other locally adopted development standards and shall include, at a minimum:
A. Adequate potable water supply;
B. Adequate sewage disposal;
C. Appropriate and adequate storm drainage facilities;
D. Adequate water supply and fire hydrants for fire protection;
E. Adequate ingress and egress to all lots within the binding site plan;
F. Provisions for all necessary dedications and/or easements.
Prior to final approval of the final site plan, the applicant shall either install all required improvements and repair any existing streets or other facilities damaged in the development of the binding site plan or into a development agreement with the city pursuant to RCW 36.70B.170 and shall furnish a surety bond as provided for in Chapter 16.32 CMC, Public Improvements, and Chapter 16.36 CMC, Surety, Bonds, and Fees. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.080 Final approval expiration – Filing.
A final binding site plan meeting all requirements of this title shall be submitted to the city for approval within three years of the date of preliminary approval. An applicant who files a written request with the city at least 30 days before the expiration of the three-year period may be granted a one-year extension by the city. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.090 Alteration or vacation of a binding site plan.
Any person desiring to alter or vacate an approved binding site plan shall file a complete application, as defined in Chapter 14.07 CMC, Application Process, and containing the information required by this chapter, on a form provided by the city. A binding site plan may be altered or vacated in whole or part by recording an altered plan in accordance with the following provisions:
A. The altered site plan must comply with the procedures and requirements for the original binding site plan approval.
B. The title of the altered site plan shall be: “Binding Site Plan Number ______ – Alteration of Binding Site Plan Number ______.”
C. The altered or vacated site plan shall show all of the land shown on the original binding site plan, all former lot lines as dash lines, new lot lines as solid lines, and shall bear the acknowledged signatures of current fee simple owners of the affected lots within the binding site plan.
D. All lots within a vacated binding site plan shall comply with underlying zone and have separate utilities and other supporting infrastructure as required by this title. (Ord. 1163 § 2 (Exh. B), 2010).
16.22.100 Additional requirements.
A. After approval of a general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by the city approval.
B. The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey. Lot, parcel, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinance.
C. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.
D. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW. (Ord. 1183 § 2, 2011; Ord. 1163 § 2 (Exh. B), 2010).