Chapter 17.36
BINDING SITE PLANS

Sections:

17.36.010    Applicability.

17.36.020    Authority.

17.36.030    Purpose.

17.36.040    Definitions.

17.36.050    Binding site plan review procedures.

17.36.060    Administration.

17.36.070    Inscription.

17.36.080    Binding site plan – Title report.

17.36.090    Binding site plan – Survey required.

17.36.100    General binding site plan.

17.36.110    Purpose.

17.36.120    Submission requirements.

17.36.130    General binding site plan review procedure.

17.36.140    Effect of approval and time limits for completion.

17.36.160    Specific binding site plan.

17.36.170    Specific binding site plan purpose.

17.36.180    Requirements for determination of complete application.

17.36.190    Specific binding site plan review procedures and standards.

17.36.200    Specific binding site plan approval and recordation – Effect.

17.36.210    Infrastructure improvements.

17.36.220    Certifications and dedications.

17.36.230    Modifications.

17.36.240    Appeals.

17.36.010 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 trailer court. (Ord. 1751 § 1, 2012; 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. 1751 § 1, 2012; 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, to comply with the City’s master plan requirements as contained in Chapter 18.44 FMC, where applicable. Flexibility in the timing of infrastructure improvements shall be considered, but all infrastructure associated with development on specific lots must be installed prior to the recording of the specific binding site plan associated with the development of those lots.

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.

The binding site plan process is comprised of two parts: a general binding site plan and one or more specific binding site plans. A general binding site plan is utilized to prepare a site for future development, and may include preliminary site preparation, the installation of certain utilities, the establishment of stormwater devices, the identification of major ingress and egress points, and conditions that will be applied to the specific binding site plan(s). The City may also work with the applicant to determine appropriate transportation improvement options that will reflect the cumulative impact of all development within the general binding site plan and successive specific binding site plans.

A specific binding site plan requires that all conditions of the general binding site plan associated with the land area and uses within the specific binding site plan are satisfied. The recordation of the specific binding site plan is the mechanism through which individual parcels are created, allowing their use and sale. The specific binding site plan may in some cases replace requirements for the site plan review, depending on the accuracy of the plan and its relationship to actual uses and building permits, in the judgment of the Community Development Director. In certain situations, the specific binding site plan may be combined, reviewed, and approved concurrently with the general binding site plan, as described in FMC 17.36.050(B). (Ord. 1751 § 1, 2012; 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 known and/or proposed streets, roads, improvements, utilities, and open spaces; and

2.    Includes 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 development on specific lots; and

5.    Requires a two-step process as regulated and described by this chapter, including a general binding site plan and one or more specific binding site plans. This process may be separated into multiple phases or combined with the approval of the Community Development Director, pursuant to this chapter; and

6.    Satisfies the master plan requirements for development proposed on parcel(s) of three acres or greater within applicable zones, as described within Chapter 18.44 FMC; and

7.    May satisfy the requirement for approval of a site plan review, as stated in Chapter 15.14 FMC.

“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 preliminary drawing of a binding site plan, 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 conditions of approval required by the City. The general binding site plan cannot create new lots, adjust existing property boundaries, or establish any easement. Easements required by the general binding site plan must be recorded separately, or as part of a specific binding site plan.

“Preliminary access and utility plan” shall mean a conceptual description of proposed infrastructure necessary to achieve build-out of the general binding site plan. The infrastructure proposed in the preliminary access and utility plan is intended to meet minimum City standards for site connectivity between the subject site and surrounding areas, such as connecting roads through the site, if required by the City of Ferndale Comprehensive Plan. Such infrastructure must be installed prior to occupancy of any future uses shown or otherwise described on a general or specific binding site plan. The preliminary access and utility plan shown, described, or otherwise referenced on a general binding site plan is not intended to provide a specific layout of access and utilities within the site, and may be modified, pursuant to FMC 17.36.230. The plan shall include, but is not limited to:

1.    Description of infrastructure requirements, including limitations on the number, type, and/or location of access points on primary or secondary roadways.

2.    Compliance with applicable Ferndale Comprehensive Plan elements such as road or utility connection requirements, as required by the Ferndale Comprehensive Plan and where otherwise feasible, including internal cross-connectivity between parcels on a binding site plan, and external cross-connectivity to parcels contiguous to the binding site plan, when feasible and legal.

3.    Conceptual interior road network (if applicable).

4.    Utility corridors and connections.

5.    Required easements or dedications, if necessary.

6.    Wetland locations and buffers, including proposed or existing onsite mitigation areas.

7.    Additional site-specific information, in the judgment of the City.

“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 general use-type (such as office, retail, manufacturing, industrial, etc.) as identified within the Ferndale Municipal Code, as well as the anticipated size, location, and intensity of that use.

“Restrictions and requirements” shall mean those provisions, if any, 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 work with the applicant to determine the minimum infrastructure requirements necessary to support the anticipated development, and shall identify subsequent conditions and requirements to reflect the proposal.

“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 RCW 58.17.035 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.

3.    In some cases replace requirements for site plan review; provided, that the specific binding site plan accurately conveys proposed building and/or development projects, in the judgment of the Community Development Director, and includes conditions appropriate to meet the standards of the Ferndale Municipal Code, and other regulations adopted by the City of Ferndale.

“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 final occupancy of proposed structures. Subsequent conditions for general binding site plans may include, but are not limited to:

1.    The installation of critical areas mitigation measures;

2.    The identification and design of stormwater facilities and erosion control measures;

3.    The completion of project-specific analysis, such as environmental impact statements, transportation studies, and fiscal impact analysis, unless thresholds requiring such analysis are required prior to approval of a general binding site plan;

4.    The identification of utility extensions necessary to serve the site.

Subsequent conditions for specific binding site plans may include, but are not limited to:

1.    Conditions identified by the various City departments pursuant to Technical Review Committee requirements;

2.    Payment of associated impact and connection fees, unless allowed for deferment by ordinance;

3.    Completion of outstanding mitigation measures;

4.    Connection to adequate water supply to City standards;

5.    Connection to adequate sewage disposal to City standards;

6.    Appropriate surface water management to City standards;

7.    Adequate fire protection and hydrants to City standards;

8.    Appropriate access to City standards for or to all anticipated uses within the project.

“Zoning code” shall mean City of Ferndale zoning ordinance, FMC Title 18. (Ord. 1751 § 1, 2012; 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. Subject to the City’s approval, the two-step process may be combined. The process includes the following elements:

A.    The general binding site plan identifies general restrictions and requirements for use types and their scale, general infrastructure requirements including access points, connectivity opportunities, the establishment of easements for future infrastructure, identification and mitigation (as applicable) of critical areas, installation of 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 and specific authorizations 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.

1.    In some cases, the specific binding site plan may replace the site plan review procedures that would otherwise be required; provided, that the specific binding site plan accurately conveys proposed building and/or development projects, in the judgment of the Community Development Director.

2.    An application for a specific binding site plan(s) may be submitted with an application for a general binding site plan in some situations; provided, that one or more of the following conditions are met:

a.    One or more existing uses have already been established on the site, and the specific binding site plan is intended to create individual lot(s) for those developed uses.

b.    One or more uses have been identified on the site, and the specific binding site plan will serve as the site plan approval for those uses as they are constructed.

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. Building permits may not be issued, and occupancy of any kind may not occur, until a specific binding site plan has been recorded. (Ord. 1751 § 1, 2012; 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 specific binding site plan shall constitute approval. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009)

17.36.070 Inscription.

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

1.    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 Ferndale over the development of such land and the development and use thereof. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

2.    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.

3.    No permit required to build permanent structures upon any portion of this property, other than for site preparation, the mitigation of critical areas, or the development of associated stormwater facilities 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. 1751 § 1, 2012; 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. 1751 § 1, 2012; 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. 1751 § 1, 2012; Ord. 1527 § 1, 2009)

17.36.100 General binding site plan.

(Ord. 1751 § 1, 2012)

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 general binding site plan does not need to be recorded with the Whatcom County auditor, but shall be considered as the preliminary instrument through which specific binding site plans can be approved. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009)

17.36.120 Submission requirements.

The applicant shall submit the proposed general binding site plan and supporting information to the Community Development Director or his/her designee for review, based upon application submittal requirements established by the City. 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 provided by the applicant. Submission requirements shall also include, but shall not be limited to, the following elements in order for the City to make a determination of complete application, pursuant to FMC 14.07.070:

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

B.    A completed SEPA environmental checklist based upon the work proposed within the general binding site plan, unless otherwise exempted.

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

H.    Preliminary Maps. Draft versions of the general binding site plan may be submitted on paper documents drawn to scale. Preliminary maps must show the following on one or more sheets:

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.    Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan. Such covenants and restrictions shall be recorded with each specific binding site plan and shall apply, where applicable, to the entire parcel;

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

13.    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;

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

15.    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;

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

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

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

19.    Areas proposed to be dedicated or reserved for school, park, playground, open space, landscaping, general circulation, parking areas or aesthetic uses;

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

21.    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”;

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

I.    Final Maps. The final version of the general binding site plan shall be drawn 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, esasements or rights-of-way proposed for the binding site plan;

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

9.    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;

10.    Other restrictions and requirements as deemed necessary by the City, including master plan requirements and requirements of the Comprehensive Plan, as applicable. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.040)

17.36.130 General binding site plan review procedure.

A.    The following standards shall be used by the City to establish precedent and subsequent conditions, which will be used by the City to guarantee the feasibility of the proposed project and compliance with City code. Applications for general binding site plans shall be considered under the Ferndale Municipal Code in effect on the date a fully complete general binding site plan application is filed with the City. 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, if known.

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 compliance with the standards specifically outlined in this section, as well as other standards required by the Ferndale Municipal Code. The Community Development Director shall review the comments of the Technical Review Committee and shall make the decision to approve, conditionally approve, disapprove, or return the general binding site plan application to the applicant for additional information and/or amendment. If conditionally approved, the applicant may be required to complete any necessary conditions as specified by the conditional approval, prior to final approval of the general binding site plan by the Community Development Director and Public Works Director.

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. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.050)

17.36.140 Effect of approval and time limits for completion.

A.    Approval of the general binding site plan shall constitute authorization for the applicant to take the necessary steps to meet the conditions of the general binding site plan, prior to commencing the specific binding site plan review process, unless authorization from the Community Development Director has been received, combining the two processes.

1.    No infrastructure improvements will be permitted until a general binding site plan has first been approved. No construction related to the general binding site plan or any specific binding site plans may occur prior to approval of engineering drawings by the City.

2.    Infrastructure improvements identified by the general binding site plan must be complete prior to the submission of a specific binding site plan, unless a combination of the two processes has been authorized by the Community Development Director as described in subsection (A)(4) of this section.

3.    In all cases, completion of infrastructure improvements shall be verified following the applicant’s submittal and the City’s subsequent acceptance of as-built drawings demonstrating that required work has been completed in compliance with the standards of the City of Ferndale.

4.    When future uses are known at the time the general binding site plan is submitted, the Community Development Director may allow the general and specific binding site plan processes to be combined. In these situations, the completion of certain infrastructure and other improvements that would otherwise be required prior to the submittal of a specific binding site plan may be waived, if the specific binding site plan(s) are conditioned to ensure completion of such infrastructure prior to approval of occupancy.

B.    1.    General binding site plan approval shall be effective for a period of five years unless extended by the Community Development Director for an additional specified period of not more than two years, as described below.

2.    An applicant that files a written request with the Community Development Director at least 30 days before the expiration of the general binding site plan together with a written commitment to pay all impact fees and other plat fees in the amounts that are in effect at the time of said request, and a written commitment to develop the general binding site plan in a manner that is consistent with the City development standards currently in effect at the time of said request, shall be granted a two-year extension prior to expiration of the general binding site plan approval. Additional one-year extension(s) may be granted only upon the same conditions with a clear showing of extraordinary and unforeseen circumstances preventing the applicant from submitting a specific binding site plan within the requisite time limitation. Any changes to the general binding site plan necessitated by the application of current City standards to the general binding site plan shall be clearly shown on a revised plat map that is submitted to the Community Development Director for their review.

3.    General binding site plans which are anticipated to be subdivided through the specific binding site plan process in multiple phases shall be completed within the five-year period and shall be eligible for time extensions as identified in subsection (B)(2) of this section. Phases which are identified through an amendment to the general binding site plan shall not be provided with an automatic five-year extension. An amendment to the general binding site plan shall not establish a new five-year period and the plan as amended shall be completed within five years from the original approval date as provided in subsection (B)(1) of this section, subject to extensions as specified in subsection (B)(2) of this section.

4.    General binding site plans that have not been completed within the five-year time frame, or for which time extensions have been exhausted without the completion of the plan, shall automatically expire. If all specific binding site plans are not submitted or completed by the end of all approved extensions, then the unbuilt remainder of the general binding site plan shall be considered abandoned. No action shall be taken on an abandoned general or specific binding site plan without resubmission. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006)

17.36.160 Specific binding site plan.

(Ord. 1751 § 1, 2012)

17.36.170 Specific binding site plan purpose.

A.    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.

B.    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.

C.    If future uses are unknown at the time a specific binding site plan is submitted, the City may approve such a subdivision for the purpose of the sale of individual parcels. However, such approval shall not include all entitlements associated with a specific binding site plan, specifically those entitlements which presume that prior, project-specific reviews have been completed. A specific binding site plan recorded in this fashion shall be conditioned to ensure the following elements are subsequently addressed:

1.    Site plan review and approval subject to Chapter 14.09 FMC shall be required prior to the establishment of any future use within the specific binding site plan.

2.    All conditions identified by the general binding site plan must be adhered to, including but not limited to the construction of utilities, the construction of frontage improvements, the provision of utility, access, and public easements, and cross connection agreements.

3.    Subsequent development within the specific binding site plan shall be required to adhere to regulations in effect at the time the development is proposed, and shall not be vested in any way to standards in place at the time the specific binding site plan is recorded. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009)

17.36.180 Requirements for determination of complete application.

No individual lots may be created, bought or sold following the approval of a general binding site plan until a specific binding site plan has been approved and 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, or in the case of combination of the general and specific binding site plan processes, a narrative stating consistency between the two plans.

A.    Each specific binding site plan application shall include a map prepared by a professional land surveyor based on a complete survey. The applicant shall submit copies of the specific binding site plan based on the application requirements on file at City Hall, consistent with the Ferndale Municipal Code, and which shall clearly show 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 to 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/nonshrinkable;

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. If applicable, the stormwater management plan may be submitted as a supplement to original stormwater plans included with the general binding site plan, demonstrating that the specific binding site plan adheres to the original document;

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. In those cases where a Planned Action has been established pursuant to RCW 43.21C.031, a supplemental environmental review may be required; and

4.    Attachment of Covenants, Conditions, and 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. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.070)

17.36.190 Specific binding site plan review procedures and standards.

A.    The review procedures and standards 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 specific 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. Applications for specific binding site plans shall be considered under the Ferndale Municipal Code in effect on the date a fully complete specific binding site plan application is filed with the City.

1.    Specific binding site plans that are subject to general binding site plans approved pursuant to previous amendments of the Ferndale Municipal Code shall not be exempted from the requirements of this subsection (A).

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;

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

7.    Compliance with all applicable City codes and development standards.

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

D.    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.

E.    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 an area of special flood hazard as defined by Chapter 15.24 FMC, 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.    Such other information as the Community Development Director or Public Works Director deem necessary for an adequate review of the specific binding site plan.

F.    Upon compliance with all conditions of the general binding site plan, and if 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 approved. Prior to recording at the county auditor’s office, the binding site plan shall be signed by the owners, other required parties, and the City. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.080)

17.36.200 Specific binding site plan approval and recordation – Effect.

A.    Approval and Recordation. Approval of the specific binding site plan by the City shall permit the applicant to record the plan with the Whatcom County Auditor. Such approval and recordation shall constitute authorization for the applicant to create and sell individual lots and obtain building or other use 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. Once approved, recordation of the specific binding site plan must occur within the time frames provided below, based on the complexity of conditions that must be satisfied prior to recording.

1.    Specific binding site plan conditions that are proposed subject to FMC 17.36.170(C) and which require no physical alterations to the property or agency approvals on the subject property(s) shall be recorded within 180 days of City approval, or within 180 days of any final decision of an appeal of the City approval. If the specific binding site plan is not recorded within the time frames provided, the plan shall be considered abandoned and the applicant will be required to resubmit all required documents. The Director is authorized to grant one 90-day extension.

2.    Specific binding site plan conditions that require physical alteration to the property, agency approvals, or similar (in the judgment of the Community Development Director) shall be recorded within two years of City approval, or within two years of any final decision of an appeal of the City approval. If the specific binding site plan is not recorded within the time frames provided, the plan shall be considered abandoned and the applicant will be required to resubmit all required documents. The Director is authorized to grant one or more one-year extensions.

B.    Subsequent Development Governed by Terms of Approval. Development within a recorded specific binding site plan shall be governed by the terms of the final approval thereof, and the statutes, City ordinances, and development regulations in effect at the time of complete application for a period of seven years, unless the City finds that a change in conditions creates a serious threat to the public health or safety in the subdivision, final planned unit development, approved final subdivision, or recorded specific binding site plan.

At any time, should a material change be made which alters the type or intensity of existing or proposed uses within the specific binding site plan, or which exceeds the thresholds identified as part of the scope of the original general or specific binding site plan review, the City shall require amendments to the plan necessary to reflect the actual proposal, as well as the regulations in effect at the time of the revision. (Ord. 1948 § 1 (Exh. 1), 2016; Ord. 1942 § 1 (Exh. 1), 2016; Ord. 1751 § 1, 2012; Ord. 1600 § 4, 2010; 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 the first building occupancy:

A.    Before occupancy of a building or use can be granted in 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. 1751 § 1, 2012; 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 statutes 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.    City Clerk.

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 City Clerk this _____ day of ________, 20_____.

____________________________

City Clerk or designee

E.    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. 1969 § 1 (Exh. 2), 2016; Ord. 1751 § 1, 2012; 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. 1751 § 1, 2012; Ord. 1527 § 1, 2009; Ord. 1399 § 2, 2006. Formerly 17.36.110)

17.36.240 Appeals.

The City’s decision to approve, deny, or approve with conditions a general binding site plan or a specific binding site plan shall be considered a final decision, and any appeals shall be made to the Hearings Examiner, subject to FMC 14.11.070. (Ord. 1751 § 1, 2012; Ord. 1527 § 1, 2009)