Chapter 16.10
BINDING SITE PLANS
Sections:
16.10.020 Administrator’s duties.
16.10.040 Application requirements.
16.10.070 Minimum improvements.
16.10.080 Final binding site plan.
16.10.090 Filing – Binding site plans.
16.10.110 Effective period of preliminary binding site plan approval.
16.10.120 Modifications to an approved preliminary binding site plan.
16.10.130 Binding site plan amendment.
16.10.140 Vacating a binding site plan.
16.10.010 Applicability.
The purpose of this chapter is to clearly delineate the criteria used by the city of Entiat to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land, pursuant to RCW 58.17.035. The binding site plan process provides a means for certain types of land divisions to be processed administratively, based upon the city’s adopted development standards and regulations. Binding site plans tie a future development to an approved set of conditions and site layout. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.015 Scope.
This chapter shall be limited and only apply to one or more of the following:
(1) The sale or lease of commercially or industrially zoned property;
(2) The leasing of property when no residential structure other than mobile homes/manufactured homes are permitted to be placed upon the land; and
(3) The division of land into lots or tracts for condominium structures, not individual units as described in this chapter. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.020 Administrator’s duties.
The administrator of this code is vested with the authority to approve, approve with conditions, or disapprove of binding site plans. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.030 Reserved.
(Ord. 857 § 5, 2023)
16.10.040 Application requirements.
Applications for binding site plans shall be made on forms provided by the city and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by EMC Title 14, the following information shall be submitted:
(1) All of the information identified in EMC 14.08.030, Application process;
(2) Inscriptions or attachments setting forth the limitations and conditions of development;
(3) A sketch of the proposed binding site plan that includes:
(a) A legal description of the area being divided;
(b) The names, addresses, and telephone numbers of all persons holding interest in the land;
(c) The boundaries of the section (or portion thereof) within which the binding site plan lies;
(d) The boundary lines of the binding site plan and of the lots within it;
(e) The locations of existing roads, easements, important natural features, and improvements within the binding site plan;
(f) A layout of proposed roads and easements;
(g) The boundaries of all parcels dedicated or reserved for public or community uses, if any; and
(h) Location of proposed water distribution systems, sewage disposal systems, and surface drainage systems.
(4) As determined necessary by the city of Entiat, the following additional items may be required, particularly for those types of binding site plans identified in EMC 16.10.015(2):
(a) Off-street parking plans;
(b) Maintenance plans;
(c) A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation landscaping structures to be installed, the type of vegetation by common name, and the installed and mature height of all vegetation;
(d) A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the development, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the development shall be submitted with the binding site plan;
(e) As determined by the city of Entiat, if applicable to the development, an outline of the documents of the owners’ association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the development shall be submitted with the binding site plan;
(f) Schematic plans and elevations of proposed building(s) with samples of all exterior finish materials and colors, the type and location of all exterior lighting, signs and accessory structures;
(g) A description of commonly held properties and their purpose, function and improvements; and
(h) For a binding site plan for residential condominiums, it shall conform to the requirements of Chapter 64.34 RCW. The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city of Entiat shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW but may rely upon the representation of the survey map and plan;
(5) The names, addresses, and telephone numbers of all persons holding ownership interests in the land along with a title report confirming that the title of the land as described and shown on the binding site plan is vested in the name of said persons.
(6) Upon review of an application, the city may require additional pertinent information as needed to satisfy any regulatory requirements. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.050 Reserved.
(Ord. 857 § 5, 2023)
16.10.060 Approval.
The administrator shall approve outright, or with conditions, a binding site plan when all of the following conditions exist and written findings are issued to support:
(1) When all zoning code standards and the requirements imposed by other city codes and ordinances have been met.
(2) The public interest will be served by the binding site plan and dedication.
(3) That appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, site access, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.
Every decision or recommendation on a binding site plan processed in accordance with this code shall be made in writing and shall include findings of fact and conclusions to support the decision or recommendation. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.070 Minimum improvements.
(1) The criteria described in EMC 16.10.060 are the minimum measures by which all proposed binding site plans will be considered. Proposed binding site plans shall be given preliminary approval, including preliminary approval subject to conditions, upon written finding by the administrator pursuant to EMC Title 14 that all of the items in EMC 16.10.060 have been satisfied.
(2) Improvements in binding site plans shall be installed as determined by the city engineer and/or public works director. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.080 Final binding site plan.
Meeting the requirements of RCW Title 58 and Chapter 332-130 WAC in addition to RCW 64.34.232 when applicable, at a minimum each binding site plan shall be surveyed and monumented by a registered land surveyor and a binding site plan recorded with the Chelan County auditor which shall consist of one or more pages clearly and legibly drawn on stable base mylar, polyester film or equivalent approved material, and shall contain a map of the binding site plan, the horizontal scale shall be 100 feet to the inch, or as allowed by the administrator, together with written data in such form that, when read together, disclose the following information:
(1) Legal description of the land.
(2) The names, addresses, and telephone numbers of all persons holding ownership interests in the land along with a title report confirming that the title of the land as described and shown on the binding site plan is vested in the name of said persons.
(3) The name, address, telephone number, seal, and professional license number of the land surveyor registered in the state of Washington who made the survey of the binding site plan.
(4) Date of the survey.
(5) The boundary lines of the binding site plan.
(6) The boundary lines of the individual lots, parcels or tracts.
(7) The location of existing roads, easements, important natural features, and improvements within the binding site plan.
(8) The layout of proposed roads, easements, and development site access.
(9) The boundaries of all parcels dedicated or reserved for public or community uses.
(10) A certificate or instrument of dedication bearing the typed or printed names of all persons having an ownership interest in the divided land, signed and acknowledged by them before a notary public, which (a) states their consent to a division of land, (b) recites a dedication by them of all land shown on the binding site plan to be dedicated to a public use, and (c) if a binding site plan is subject to dedication, a certificate or separate instrument shall contain the dedication of all streets and other areas to the public and individual or individuals, and a waiver of all claims for damages against any government authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before any notary public by all parties having an interest in the land shown and recorded as part of the binding site plan.
(11) The following signature block must be printed on all binding site plans proposing a land division:
TREASURER’S CERTIFICATE
I hereby certify that all taxes and assessments which have been levied and become chargeable against the above-described property for the year ______ and preceding years have been duly paid, satisfied and discharged in the amount of _________, and have been deposited with the Chelan County Treasurer this _____ day of _______ (year).
(12) Space for approval by the administrator. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.090 Filing – Binding site plans.
(1) Each binding site plan granted pursuant to this chapter shall be submitted to the city for final review and approval at which time it may be filed with the Chelan County auditor. It shall not be deemed “final” until so filed. It shall be the responsibility of the applicant to record the binding site plan with the county auditor and pay applicable recording fees.
(2) Binding site plans where an additional dedication to the public is voluntary shall not be filed until the city has accepted marketable title for the newly dedicated area.
(3) Immediately following the recording of the final binding site plan, the applicant shall furnish the administrator with copies of the final binding site plan as follows:
(a) One printed copy.
(b) One copy in digital PDF format. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.100 Condominiums.
For the purpose of approval of condominium developments, the provisions of this title regarding short subdivisions and major subdivisions shall not apply if:
(1) A land division is proposed as a condominium and does not result in the subdivision of land into separately owned lots in accordance with the definition for short or major subdivisions, but subjects a portion of a lot, tract, or parcel to Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
(2) The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to 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;
(3) The city of Entiat has approved a binding site plan for all such land;
(4) The binding site plan is recorded with the Chelan County auditor’s office; and
(5) The binding site plan contains thereon the following statement:
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 of Entiat, and in accordance with such other government 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 persons, businesses, corporations, partnerships or other entities now or hereafter having any interest in the land described herein.
(Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.110 Effective period of preliminary binding site plan approval.
(1) A preliminary binding site plan expires unless final approval is obtained from the administrator within five years from the date of preliminary approval.
(2) An applicant who files a written request with the city within 30 days before the expiration date of a preliminary binding site plan shall be granted a one-year extension upon a showing of a good faith effort to file the final binding site plan. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.120 Modifications to an approved preliminary binding site plan.
(1) Minor modifications to a previously approved preliminary binding site plan, not involving the creation of an additional lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the city subject to the provisions for a Type I application in EMC Title 14. Before approving such modification, the administrator shall make written findings and conclusions that the following exist:
(a) The modification will not be inconsistent or cause the binding site plan to be inconsistent with the findings, conclusions, and decision of the city to preliminarily approve the binding site plan;
(b) The modification will not cause the binding site plan to violate any applicable city policy or regulation;
(c) The modification does not adversely impact public health and safety, the environment, or the delivery of services to the site;
(d) The original intent of the approved preliminary binding site plan is not altered.
(2) Modifications to a previously approved preliminary binding site plan which exceeds the criteria above shall be processed as a new application. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.130 Binding site plan amendment.
(1) Once a binding site plan has been recorded with the Chelan County auditor, it can be amended. The amended binding site plan must comply with all of the procedures and requirements of this chapter; however, a new survey shall not be required unless there are changes made to the recorded binding site plan, such as new lot lines, roads, or building footprints.
(2) The title of the amended binding site plan shall be “Amended Binding Site Plan No. _____.”
(3) Minor errors not involving a change in lines may be corrected by the survey as approved by the administrator. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.140 Vacating a binding site plan.
Binding site plans may be vacated subject to the following provisions:
(1) Prior to issuance of any building or other site development permits, including but not limited to clearing and grading permits, a binding site plan may be vacated as a whole only, under one ownership. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission of a letter of intent to vacate the binding site plan to the city. The letter shall become binding upon its acceptance by the administrator. If the binding site plan has been recorded with the Chelan County auditor, notice of the vacation shall be recorded on forms acceptable to the Chelan County auditor.
(2) After issuance of any building or other site development permits, including but not limited to clearing and grading permits, the process for vacation of all or part of a binding site plan shall be heard by a hearing examiner appointed by the city and shall follow the procedures as indicated in Chapter 2.55 EMC. (Ord. 857 § 5, 2023; Ord. 772 § 1 (Exh. A), 2017)
16.10.150 Reserved.
(Ord. 857 § 5, 2023)