Chapter 16.26
BINDING SITE PLAN
Sections:
16.26.020 Binding site plan conditions and requirements.
16.26.025 Preliminary non-binding advisory review.
16.26.030 Referral to other departments, agencies, and offices.
16.26.060 Certificate of segregation—Building permit.
16.26.010 Purpose.
The procedures regulating binding site plans are established to provide an alternative procedure for the orderly and efficient division of platted land into parcels for the purpose of lease or sale for industrial or commercial uses of the land upon which no residential structures will be placed when more than one principal building is to be constructed on one lot of record; to provide an alternative procedure for the orderly and efficient division of platted land into parcels for the purpose of lease for manufactured homes or travel trailers; to promote the general health, safety, and welfare; and to substantially comply with the provisions of RCW Chapter 58.17. The binding site plan procedures specified herein are available as a complement to other methods for subdividing land for commercial and industrial development. The binding site plan shall be the required method of development for manufactured home parks. The binding site plan procedures of this chapter shall have principal application to commercial and industrial parks and manufactured home parks.
(Ord. No. 487, § 1, 9-3-09)
16.26.020 Binding site plan conditions and requirements.
A. General Conditions and Requirements.
1. Binding site plans shall be filed as a record of survey in the Grant County auditor’s office.
2. A commercial or industrial binding site plan authorizes a sale or transfer of a parcel. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the parcel. The sale or transfer of such parcel in violation of the binding site plan, or without obtaining a 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. The sale or other transfer of ownership of a parcel of a commercial or industrial binding site plan shall be filed as a record of survey in the Grant County auditor’s office.
3. Mobile (manufactured) home park and recreational vehicle park binding site plans shall not authorize the sale or transfer of ownership of a parcel of the binding site plan.
4. Alteration of an approved binding site plan shall be accomplished by submitting an amended binding site plan to the plat administrator. The amended binding site plan shall be processed subject to all the procedures and requirements of this chapter.
5. All improvements (i.e.: water services, fire lines, building sewers, private access streets, etc.,) within the binding site plan boundaries shall be privately held and maintained by the property owner/s. The binding site plan shall make adequate provision for internal private access streets, curbs, gutters, sidewalks, street lighting circuits, alleys, connection to municipal utilities (water and sewer) in the existing dedicated street the binding site plan adjoins, drainage ways, other public ways, other public ways, or other municipal improvements as deemed necessary in conformance with the town of Mattawa community street and utility standards and the town of Mattawa design standards in effect at the time of the binding site plan approval. All internal streetlights required shall be supported by the formation of a streetlight utility local improvement district (ULID) coexistent with the boundaries of the binding site plan to cover the operation and maintenance costs of such streetlights.
6. The binding site plan shall front on an existing dedicated street. There shall be adequate access to all parcels. Existing dedicated streets shall be improved to the town of Mattawa’s community street and utility standards. Private streets shall have direct access onto a dedicated street.
7. The binding site plan shall comply with all zoning and health regulations.
8. The binding site plan shall be generally consistent with the town of Mattawa’s comprehensive plan.
9. The binding site plan shall provide for irrigation water right-of-ways as now enacted or hereafter amended.
10. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. said information is a part of and must accompany the binding site plan application.
11. Unless an applicant for a binding site plan requests otherwise and where the plat administrator agrees, a binding site plan shall be processed simultaneously with the application for platting, rezones, waivers, deferrals or deviations, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
12. Binding site plans shall be approved, disapproved, or returned to the applicant for modification within the time provided in RCW Chapter 36.70B.
B. Specific Conditions and Requirements.
1. Prior to submission of a binding site plan application and map, the subdivider or the subdivider’s representative shall schedule a pre-application conference with the mayor and representatives of other affected town of Mattawa departments. The subdivider shall present a conceptual idea of the binding site plan. The electrical utility and representatives of affected town of Mattawa departments will respond informally and address potential items of concern to aid the subdivider in preparing the binding site plan.
2. The binding site plan application and map shall be filed with the electrical utility on forms prescribed by the plat administrator. Said application shall be accompanied by twelve copies of the binding site plan and map.
3. The binding site plan (twelve sets of prints plus the original tracing and a reproducible Mylar copy) shall be a neat and accurate drawing in black permanent ink prepared, stamped, and signed by a registered professional land surveyor licensed by the state of Washington. The trimmed size of the binding site plan shall measure eighteen inches by twenty-four inches with a one and a half-inch margin on the top or left margin and a half-inch border on the remaining three margins. The binding site plan shall be drawn on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.
4. The binding site plan shall bear all inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land.
5. The binding site plan shall contain provisions making all developments conform with the binding site plan.
6. A nonrefundable fee established by a resolution of the council shall accompany each and every application for a binding site plan, together with all contracted staff review expenses, publication costs and any consultant fees incurred to be able to review and process the application.
7. All public dedications shown on the plat being overlaid shall also be shown on the binding site plan.
8. The binding site plan shall be accompanied by the following:
a. A plat certificate from a title company licensed to do business in the state of Washington and dated within thirty days of the date of filing of the binding site plan and application with the Mayor confirming that the title of the land as described and shown on the binding site plan is in the name of the owners signing the binding site plan or instrument of dedication.
b. A certificate from the Grant County treasurer indicating that all taxes and assessments on the property included in the binding site plan or dedication have been paid according to the provisions of RCW 58.08.030 and RCW 58.10.040 as now enacted or hereafter amended.
c. All covenants proposed to run with the land.
9. The binding site plan shall contain the following:
a. All documents, maps, and survey notes shall clearly show the name of the binding site plan, the name(s) of the subdivider(s) and the name of the registered land surveyor responsible to the subdivider(s).
b. The title shall include the type of binding site plan (commercial, industrial, mobile home park or recreational vehicle park) and read as follows:
(TYPE OF) BINDING SITE PLAN OF (NAME OF THE PLAT/SHORT PLAT)
A Record of Survey
c. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the binding site plan, or dedication, including municipal boundaries, township lines, and section lines.
d. Parcel locations including dimensions and number or letter designations.
e. The lengths and bearings of all straight lines, curve radii, arcs, and semi-tangents of all curves.
f. All dimensions along the lines of each parcel with the true bearings and also any other data necessary for the location of any parcel in the field.
g. Suitable primary control points, approved by the Grant County public utility district or descriptions and ties to such control points, to which all dimensions, angles bearings, and similar data given on the plan shall be referred.
h. The location of all permanent monuments, property corners, and parcel corners.
i. The names of all subdivisions immediately adjacent thereto.
j. The date, true north point, scale, datum plane, and date of survey.
k. The boundary of the binding site plan, the courses and distances marked thereon, as determined by a field survey made by a registered and qualified land surveyor of the state, and with an allowable error not to exceed one foot in five thousand feet and one foot in ten thousand feet in the central business district.
l. The elevations of all permanent monuments based on datum plane approved by the town engineer.
m. Certification by a registered land surveyor of accuracy of the binding site plan map and survey.
n. Location and dimensions of all irrigation water right-of-ways.
o. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
p. The scale of the binding site plan shall be not more than one hundred feet to the inch. Except that the town engineer, subject to a request prior to binding site plan submittal, may approve an alternative binding site plan map scale not to exceed one hundred feet to the inch.
q. If the binding site plan is a redivision or amendment to an existing binding site plan, the parcels, of the preceding binding site plan shall be shown by dotted lines in their proper positions in relation to the new arrangement of the binding site plan, the binding site plan being so clearly shown in solid lines as to avoid ambiguity.
r. The subdivider’s land surveyor shall set all required monuments and shall stake all parcel corners as shown on the binding site plan before the binding site plan is submitted for approval.
s. A vicinity map at a scale of not more than four hundred feet to the inch. Except that the town engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet to the inch. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood.
t. The street address for the binding site plan will be assigned to the major access to the dedicated street the binding site plan fronts upon.
u. United States Bureau of Reclamation horizontal and vertical data including bench marks.
12. Any deed restrictions or covenants existing or proposed shall be drawn on the binding site plan.
13. Submit all parcel and boundary closures to the town engineer.
14. The binding site plan shall contain the legal description of the subdivision and the following declaration, acknowledgment, and endorsement statements, shall appear in the following sequence in black permanent ink either by hand or mechanical device:
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Legal Description: |
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Declaration: |
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The owner in fee simple of the land herein described is _______________. The owner does hereby establish a Binding Site Plan for the purpose of lease of portions thereof, pursuant to RCW Chapter 58.17 and Title 17 of the Mattawa Municipal Code and that the undersigned declares that development of the property herein described shall conform to all inscriptions contained hereon. |
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Signature |
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Signature |
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Signature |
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Acknowledgment: |
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State of Washington |
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County of Grant |
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I certify that I know or have satisfactory evidence that ____________________ signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. |
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Dated ___________________________________ |
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Notary Public |
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Print or Type Name of Notary Public |
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My appointment expires ____________________ |
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Land Surveyor’s Declaration: |
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I hereby certify that this Binding Site Plan is a true and correct representation of the lands actually surveyed. |
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I hereby declare that the Binding Site Plan ____________________, the heretofore described tract of land, is based upon an actual survey and that all the distances and courses shown thereon are correct to the best of my knowledge, information, and belief; and that I have fully complied with the provisions of the statues and platting regulations. |
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Professional Land Surveyor |
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Certificate No. ____________________________ |
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Approvals: |
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Examined and approved by the Mattawa Mayor on _______________, 20_____. |
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Mayor |
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Filed for the record at the request of the Town of Mattawa this day _____ of _______________, 20_____, in Volume of the Book of Surveys, on page _____, records of Grant County, Washington. |
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Grant County Auditor |
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by Deputy Auditor |
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(Ord. No. 487, § 1, 9-3-09)
16.26.025 Preliminary non-binding advisory review.
A. The subdivider may request a preliminary non-binding advisory review of the proposed binding site plan by the town engineer prior to preparation and submittal of a conclusive binding site plan. Upon a request for a preliminary non-binding advisory review, the proposed binding site plan must be submitted to the plat administrator in substantial compliance with Section 16.26.020 of this chapter entitled general conditions and requirements as approved by the town engineer.
B. The binding site plan will be referred to other departments, agencies, and offices in compliance with Section 16.26.030 of this chapter.
(Ord. No. 487, § 1, 9-3-09)
16.26.030 Referral to other departments, agencies, and offices.
A. Upon receipt of a complete and satisfactory conclusive binding site plan application, the plat administrator shall distribute copies of the binding site plan to each of the following offices, departments, or agencies:
1. Grant County public utility district;
2. Telephone company;
3. Fire department;
4. Grant County health district;
5. Any irrigation district with jurisdiction;
6. Grant County assessor;
7. Cable company.
B. The plat administrator shall further notify the police department/sheriff, public works department, and mayor that a binding site plan has been received.
C. Notice of the filing of a binding site plan located in the town of Mattawa adjoining the municipal boundaries thereof shall be given to the Grant County planning department.
D. Notice of the filing of a binding site plan located adjacent to the right-of-way of a state highway shall be given to the State Department of Highways.
E. Each office, department, or agency shall file written recommendations with the plat administrator. If any such office, department, or agency fails to file a written recommendation within the time required, it may be presumed that such office, department, or agency has no recommendation.
1. The plat administrator shall review the binding site plan and submit to the mayor a written report with respect to the following conditions:
a. That the proposed binding site plan bears the required certificates and statements of approval.
b. That a title report furnished by the subdivider confirms the title of the land and the proposed binding site plan is vested in the name of the owner whose signature appears on the binding site plan.
c. That the binding site plan is technically correct as certified by the land surveyor responsible for the binding site plan.
2. The appropriate irrigation district serving or from which the real property is entitled to be served with irrigation water shall review the binding site plan and submit to the plat administrator a written report recommending approval or disapproval of the binding site plan as to the adequacy of the proposed means of the delivery of irrigation district entitlement water and as to the adequacy of the proposed means of removal of irrigation waste water.
F. If the binding site plan is found to be unacceptable, a notice shall be provided as provided for in this code.
G. The plat administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations of other offices, departments, or agencies responsible for the recommendations and must include the applicant and plat administrator. The proceedings and results of the meeting shall be documented by minutes.
(Ord. No. 487, § 1, 9-3-09)
16.26.040 Final filing fees.
Upon approval of the binding site plan by the plat administrator and within fifteen days thereafter, the applicant shall remit the following fees prior to the binding site plan being officially signed and recorded with the Grant County auditor:
A. A check payable to the Grant County auditor sufficient to cover the recording fees.
B. When applicable, voluntary payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed binding site plan as allowed by and pursuant to RCW 82.02.020.
C. When applicable, a certificate from the Grant County auditor certifying that covenants to the property title have been recorded and filed shall accompany the binding site plan.
D. The applicant shall be responsible to reimburse the town for administrative costs incurred by the town to review, process and approve, modify or disapprove the binding site plan submitted. The applicant shall be responsible for all engineering, legal and other consulting fees and costs incurred by the town to the extent said fees and costs exceed the application fees, and the applicant shall be advised of those costs by the town clerk. The applicant shall pay such fees as billed by the town clerk. A failure to pay within thirty days any such fee billed by the town clerk shall result in a suspension of the processing of the binding site plan on the basis that such failure to pay evidences an abandonment of the biding site plan application. The applicant shall pay such costs in full before the final plat is recorded by the town.
(Ord. No. 487, § 1, 9-3-09)
16.26.050 Final filing.
A. Upon receipt of all required final fees the binding site plan shall be signed by the mayor.
B. The plat administrator shall transmit the original Mylar to the county auditor for final filing. One reproducible copy shall be forwarded with the original to be confirmed and returned to the mayor for his records. One paper copy shall be filed with the county assessor.
C. Any record of survey filed as a binding site plan which does not bear the approval of the mayor is not a valid binding site plan and shall not confer any rights or privileges upon the property or its owners.
(Ord. No. 487, § 1, 9-3-09)
16.26.060 Certificate of segregation—Building permit.
A. Prior to the issuance of any building permit for construction within an approved binding site plan, that portion of the binding site plan for which the building permit is requested must be legally described and receive a certificate of segregation from the plat administrator. Said certificate shall insure the segregation of construction complements of the approved binding site plan.
B. Approval of the binding site plan shall constitute approval for the binding site plan applicant to develop construction plans and specifications for all on-site street utility improvements.
(Ord. No. 487, § 1, 9-3-09)
16.26.070 Vested rights.
A binding site plan shall be governed by the terms of approval of the binding site plan. Parcels in a binding site plan filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing.
(Ord. No. 487, § 1, 9-3-09)
16.26.080 Appeals.
Any decision approving or disapproving any binding site plan shall be reviewable as provided in this code for the review for land use decisions. The cost of transcriptions of any records required by any body or court for such review shall be borne by the party seeking review and no transcripts shall be prepared or provided prior to receipt of payment for them.
(Ord. No. 487, § 1, 9-3-09)