Chapter 17.05
APPLICATIONS
Sections:
17.05.020 Conditional use permit.
17.05.030 Temporary use permit.
17.05.060 Planned development (PD).
17.05.070 Lot line adjustments.
17.05.090 Preliminary subdivision plat.
17.05.120 Vacation and alteration.
17.05.010 Purpose.
This chapter describes the land use applications for development subject to review under this title. The intent is to describe the framework of the various types of development applications, the criteria and time frame for approvals. The procedures for the land use applications are described in the following chapter. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.020 Conditional use permit.
It is the purpose of this section to allow for the review of proposed uses which, because of considerations of traffic, noise, lighting, hazards, health and environmental issues, require a case-by-case review to determine if the use is appropriate on the site and in the vicinity. The imposition of conditions on the approval of an application can occur in order to reduce impacts to adjacent properties and uses.
A. The city may approve a conditional use permit in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The project is consistent with the Newport comprehensive plan and meets the requirements and intent of this title, including the type of land use; the density/intensity of the proposed development; and the protection of critical areas, if applicable.
2. The project makes adequate provisions for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection to ensure that the proposed project would not be detrimental to public health and safety.
3. The project adequately mitigates impacts identified through the SEPA review process, if required.
4. The project is beneficial to the public health, safety, and welfare, and is in the public interest.
B. A conditional use permit shall be valid until a new use of the property occurs or an alteration or expansion of 50 percent or more occurs.
C. If the use authorized under a conditional use permit ceases or is interrupted for six consecutive months or more, then a new conditional use permit will be required. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.030 Temporary use permit.
It is the purpose of this section to allow for the review of proposed uses on a temporary basis which, because of considerations of traffic, noise, lighting, hazards, health and environmental issues, require a case-by-case review to determine if the use is appropriate on the site and in the vicinity. The imposition of conditions on the approval of an application can occur in order to reduce impacts to adjacent properties and uses.
A. A temporary use permit may be approved, in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The temporary use shall occur for a maximum of six months in a calendar year; provided, that a temporary use permit may be renewed annually for not more than six months at a time, based on a review of such information as may be required by the city.
2. The proposed temporary use shall not involve the construction or occupation of a building, as determined by the city.
3. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
4. The proposed site is adequate in size and shape with appropriate screening or landscaping to accommodate the temporary use without detriment to the use and enjoyment of other properties in the project vicinity.
5. The project makes adequate provisions for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection as determined by the city.
6. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the review authority.
B. Applicants for a temporary use permit must be current in any tax obligation to the state of Washington, Pend Oreille County, and the city of Newport as an individual or as part of any entity in which they have an ownership interest, and shall provide such documentation as may be required by the city. In order to facilitate the timely review and potential approval of a temporary use the city may require a site plan prepared in accordance with the provisions of NMC 17.05.040 and other application materials.
C. The fee for a temporary use permit or renewal shall be determined in accordance with the adopted city fee schedule. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.040 Site plan review.
The purpose of a site plan review is to ensure that new development is not a threat to the public health, safety and welfare of residents of Newport and that it is compatible with existing patterns of development. The intent of design review is to ensure that the site plan, landscaping, architecture, orientation, circulation, lighting and site development of large multifamily and nonresidential projects be designed in such a manner that they minimize negative effects to adjoining properties, enhance the overall community image and respect the turn-of-the-century character of the city of Newport. Design review shall be incorporated into all site plan reviews.
A. A site plan review application shall include the following on plans that are drawn to scale and stamped by a licensed professional:
1. The location and dimension of the lot(s).
2. Existing topography and natural features.
3. Existing and proposed structures and the proposed uses.
4. Proposed grading, drainage facilities, and location of storage, if applicable.
5. The location of existing and proposed roads, parking facilities, loading areas, curbs, drains, paving, sign and light pole locations, walls, fences, walks, approaches, and plantings within the area.
6. The location of existing and proposed water, storm, and sanitary sewer lines.
7. The nature, location, dimensions of the critical resource area or floodplain area, if any, on or adjacent to the site.
8. All required technical reports prepared by experts with demonstrated qualifications in the area(s) of concern.
9. Drawings of proposed building elevations, noting material types and color.
10. Any additional information deemed necessary by the city.
B. Design of new development should be consistent with the rooflines, setbacks, window types and building materials of the turn-of-the-century theme already established. New development is encouraged to employ enhanced pedestrian elements, decorative lighting, seating, planters and to incorporate works of art in public spaces, exterior facades and entrance lobbies.
1. Multifamily Residential Development.
a. Integrate the site plan of the multifamily residential development with the surrounding neighborhood.
b. Design the project in response to specific site conditions, including trees, streams and other significant natural features.
2. Commercial Development.
a. Develop the site plan in response to specific site characteristics, including natural features and location within the community.
b. Use traditional storefront components and proportions on the ground-floor levels.
c. Include windows on the second-floor levels of street-facing facades.
d. Modulate, or break up, blank street-facing walls over 40 feet in width with recesses, columns, bands, or textural treatment.
e. Give special architectural treatment to primary building entrances.
f. Select exterior color schemes that are consistent with the turn-of-the-century rural town.
g. Integrate all commercial signage with the architectural design of the building.
C. The city may approve a site plan review in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The project is consistent with the Newport comprehensive plan and meets the requirements and intent of the Newport development regulations, including the type of land use and the intensity/density of the proposed development.
2. The physical location, size, and placement of the development on the site and the location of the proposed uses within the project minimize impacts to any critical resource or floodplain area to the greatest extent possible or are compatible with the character and intended development pattern of the surrounding properties.
3. The project makes adequate provisions for water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection to ensure that the proposed project would not be detrimental to public health and safety.
4. Public access and circulation are adequate to and on the site. In addition, the access and circulation allow for multiple forms of transportation.
5. Adequate setbacks and buffering have been provided. Any reduction to setbacks or buffer widths is the minimum necessary to allow for reasonable economic use of the lot and does not adversely impact the functional value of the critical resource area or adjoining land uses.
6. The physical location, size, and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to the surrounding area.
7. The project adequately mitigates impacts identified through the SEPA review process, if required.
8. The project would not be detrimental to the public interest, health, safety, or general welfare.
D. Authorization of a site plan review shall be valid for one year after the effective date, and shall lapse at that time unless a building permit has been issued and substantial construction has taken place.
1. The city may extend the site plan review one year longer if it finds that the facts on which the site plan review is approved have not changed substantially. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.050 Variance.
The purpose of a variance is to provide relief in cases where the strict application of the development standards would result in undue hardship by virtue of physical peculiarity of a parcel of land. The purpose is to ensure that because of physical characteristics of a property, the property is not deprived privileges commonly enjoyed by other properties in the same zone. A variance shall not allow a use in a zone where otherwise prohibited.
A. Requests for variances shall be processed in conjunction with any associated permits or approvals that may be required.
B. The city may approve a variance request in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The strict application of the development standards to a property would result in extreme difficulty, unnecessary hardship, or the inability of an owner to use land for the purposes allowed in the zone in which it is located for reasons of physical peculiarity.
2. The granting of such variance would not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located.
3. The granting of the variance would not grant special privileges to a landowner that is in conflict with the purposes of these regulations and the goals and policies of the comprehensive plan. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.060 Planned development (PD).
The purpose of planned development (PD) is to permit more flexibility in site planning and the design of structures in situations where modification of specific provisions of this title will not be contrary to the intent and purpose of the zone and will not be harmful to the neighborhood in which the development occurs. The planned development is intended to achieve land economies in development, maintenance, street systems and utility networks, while allowing for the grouping of buildings for privacy, usable and attractive open spaces, safe circulation, mixed uses when in conformance with the comprehensive plan and the general well-being of the residents.
A. All permitted and conditional uses in the district in which the site is located shall be allowed. If a conditional use permit is required, the application shall be processed simultaneously with the PD application.
B. The PD process shall be used only on five acres or more of land which is of sufficient size to be planned and developed in a manner consistent with the purpose of this section and warrants the use of a PD, unless the city finds that a smaller site is suitable because of its unique character, topography, landscaping features or because it constitutes an isolated problem area.
C. All standards and requirements of this title and all other city ordinances shall apply in a PD unless a modification is specifically granted by the city. Modification may be granted for standards such as lot size, lot dimension, setbacks, height, coverage, parking, and landscaping. The application submitted to the city shall clearly identify all requested modifications and shall justify the reason for the request.
D. Intensity of development shall be determined by the development standards in the zone in which the property is located, unless the city finds that it is suitable for other intensity to be approved.
E. Open space shall constitute at least 15 percent of the land area of the project. The development plan shall provide for the landscaping and/or preservation of the natural features of the land. In order to ensure that the open space will be permanent, deeds or dedication of easements or development rights to the city may be required. Instruments and documents guaranteeing the maintenance of open space shall be recorded with the county assessor’s office.
F. If the development will require a subdivision of land, the subdivision application shall be processed concurrently with the preliminary PD application. If the subdivision application is submitted after PD approval, the proposed subdivision shall be processed in accordance with Chapter 17.04 NMC.
1. A PD may be approved in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner.
a. The project is consistent with the Newport comprehensive plan and meets the requirements and intent of the city of Newport development regulations, including land use type; intensity/density of the proposed development; and the protection of critical resource areas, if applicable.
b. The project is compatible with the existing or known proposed development on properties in the project vicinity.
c. The project makes adequate provisions for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
d. The project adequately mitigates impacts identified through the SEPA review process, if any.
e. The project is beneficial to the public health, safety, and welfare, and is in the public interest.
G. A PD approval shall be valid for two years from the effective date and shall lapse at that time unless a building permit has been obtained and substantial construction has begun. For larger PD developments the city may enter into a development agreement that sets appropriate timelines and phasing.
1. A written request for up to a one-year extension for the PD, submitted prior to the expiration date of the PD, may be approved by the city based on a finding that the facts on which the PD was approved have not changed substantially. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.070 Lot line adjustments.
The purpose of a lot line adjustment is to allow for minor changes in the configuration of property line.
A. A lot line adjustment application shall include the following:
1. A map which clearly depicts the existing and proposed property configuration, including all lot line dimensions and distances to all existing structures.
2. A legal description of the existing and proposed property configuration.
3. A complete application with applicable fees in accordance with the fee schedule adopted by the city council.
4. Written authorization by the owners of all property directly affected by the proposed adjustment.
B. The city may approve a lot line adjustment without a public hearing, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. Any lot changed by the lot line adjustment shall comply with all of the applicable development standards, such as lot area, lot dimensions, and setbacks in the district in which the property is located. In addition, off-street parking on any lot affected by the lot line adjustment shall not be reduced below the required number of spaces for the use located on the lot. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.080 Short plat.
The purpose of a short plat is to provide a simplified process to divide property into nine or fewer lots with a level of review that is proportional to the effect those lots may have on the surrounding area.
A. Please note that property contained within an approved short plat may not be further divided in any manner, except if the short plat contains fewer than four lots, in which case another short plat may be approved to create a total of four lots within the original short plat boundaries. Under no circumstances may a short plat containing four lots be further divided.
B. A short plat application shall include the following:
1. Two hard copies and one electronic copy of a short plat exhibit map, which clearly indicates the proposed short plat, with north arrow, date, existing topography, buildings and easements and the proposed lot configurations with square footage calculations, water and sewer lines, easements, and dedications.
2. A legal description of the property. In the event that the boundaries are described by metes and bounds, the accuracy of the description shall be attested to and signed by a registered land surveyor.
3. The total property, owned by the applicant, which is contiguous to the parcel being subdivided, shall be accurately indicated on the drawing.
4. All adjacent property and owners shall be clearly shown on the drawing.
5. A completed environmental checklist or documentation, if applicable.
6. A complete application with applicable fees in accordance with the fee resolution adopted by the city council.
C. The city may approve a short plat, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The proposed short plat is in compliance with the Newport comprehensive plan and any other such plans developed pursuant to law. In addition, if the property, in part or total, abuts a state highway, the proposed short plat is in compliance with any rules of Washington State Department of Transportation.
2. The physical characteristics of the site, including but not limited to topography, soil conditions, or unique natural features such as susceptibility to flooding, wildlife habitat, or wetlands, have been considered in the project design.
3. The proposed short plat is in compliance with all applicable standards in the development regulations.
4. The appropriate provisions have been made for dedications, easements, and reservations.
5. The public use and interest will be served by the subdivision.
6. The following facilities are adequate to serve the proposed short plat before or concurrent with development of the preliminary plat:
a. Public and private streets and roads;
b. Water;
c. Storm water drainage;
d. Sanitary sewage collection and treatment;
e. Schools and educational services;
f. Fire and police service; and
g. Pedestrian and bicycle facilities.
7. If applicable, the terms and conditions of the approved subdivision, within which the short plat is located, have been met.
D. Approval of a short plat shall be valid for three years, during which time all conditions shall be satisfied and the map shall be recorded with the county auditor. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.090 Preliminary subdivision plat.
The purpose of a preliminary subdivision plat is to provide a simplified process to divide property into 10 or more lots with a level of review that is proportional to the effect those lots may have on the surrounding area.
A. A preliminary subdivision plat application shall include the following and shall be submitted to the city no less than 30 days prior to the public hearing at which it is to be considered:
1. Two hard copies and one electronic copy of the plat exhibit map, which clearly indicates the proposed preliminary subdivision plat, with north arrow, date, existing topography, buildings, monuments, markers, boundary lines and easements and the proposed lot configuration with square footage computations, infrastructure, easements, and dedications prepared by a registered land surveyor.
2. A vicinity map.
3. A legal description of all lands included in the proposed preliminary subdivision signed by a licensed land surveyor.
4. Name of the proposed subdivision, name of the subdivider, and name of the person preparing the preliminary plat.
5. Location of adjacent and adjoining platted areas and subdivisions showing relationships and match to all connecting streets, rights-of-way, utilities and easements.
6. All land that the applicant proposes to subdivide and all land immediately adjacent extending 100 feet in all directions from the site perimeter.
7. All adjacent land owned by the applicant on which future additional plat applications may be submitted together with general information as to the location and estimated extent of each additional plat which may be submitted.
8. Completed SEPA checklist or documentation.
9. A complete application form with applicable fees in accordance with the fee resolution adopted by the city council.
10. Additional information deemed necessary by the city including, but not limited to, supplemental technical or environmental studies or reports, topography, easements, applicable codes, covenants and restrictions, proposed roadway layouts and sections and other information to ensure a thorough and complete review of the proposed subdivision.
B. The city may approve a preliminary subdivision plat, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The proposed preliminary subdivision is in compliance with the Newport comprehensive plan, any requirements of the N.E. Tri-County Health District, and any other such plans developed pursuant to law. In addition, if the property, in part or total, abuts a state highway, the proposed preliminary subdivision is in compliance with any rules of Washington State Department of Transportation.
2. The physical characteristics of the site, including but not limited to topography, soil conditions, or unique natural features such as susceptibility to flooding, wildlife habitat, or wetlands, have been considered in the project design.
3. The appropriate provisions have been made for dedications, easements, and reservations.
4. The public use and interest will be served by the subdivision.
5. The following facilities are adequate to serve the proposed short plat or subdivision before or concurrent with development of the preliminary plat:
a. Public and private streets and roads;
b. Water;
c. Drainage;
d. Sanitary waste collection and treatment;
e. Schools and educational services;
f. Fire and police service; and
g. Pedestrian and bike facilities.
6. If phasing is proposed:
a. The phasing plan includes all land within the preliminary plat;
b. Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire plat; and
c. All road improvement requirements are assured.
C. Approval of a preliminary subdivision plat shall be valid for five years, during which time an application for a final subdivision meeting all the requirements of Chapter 17.04 NMC and of the preliminary subdivision approval shall be made.
1. The applicant may request one two-year extension prior to the expiration of the preliminary approval. The request for extension may be granted by the city; provided, that an attempt in good faith has been made to submit the final plat within the preceding period and that there have been no significant changes to the city’s policies or development regulations. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.100 Binding site plan.
A. The procedures regulating binding site plans are established in accordance with RCW 58.17.100 for the purpose of:
1. Providing an alternative procedure for the orderly and efficient division of land into lots 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;
2. Providing the sole and mandatory procedure for the orderly and efficient division of land into lots for the purpose of lease for manufactured housing or recreational vehicles; and
3. Promoting the general health, safety, and welfare.
B. The binding site plan process and procedures specified in this chapter may only be used for the following:
1. The division of land for the sale or lease of commercially or industrially zoned property (upon which no residential structures will be placed) when more than one principal building is to be constructed on one lot of record. The binding site plan process is an alternative method of subdividing commercial or industrial property.
2. The division of land for the purposes of leasing lots for recreational vehicles. The binding site plan process is the sole and mandatory method of subdividing land for purpose of leasing lots for recreational vehicles.
C. Binding site plan applications and maps shall be submitted on forms prescribed by the city and shall contain the following:
1. All documents, maps, and survey notes shall clearly show the name of the binding site plan, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s).
2. The title shall include the type of binding site plan (commercial, industrial, mobile home park, or recreational vehicle park).
3. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, easements, and dedications, including municipal boundaries, township lines, and section lines adjacent to or within the binding site plan.
4. The names, locations and purposes of all existing and proposed easements.
5. The location and dimensions of all existing and proposed water and sewer mains, public or private, and all existing and proposed streets and rights-of-way to be held privately or dedicated to the city.
6. Parking areas, loading areas, and landscaping areas.
7. The location of all access points which access a public street or right-of-way.
8. Block and lot locations including dimensions and number or letter designations.
9. The lengths and bearings of all straight lines, curve radii, arcs, and semi-tangents of all curves.
10. All dimensions along the lines of each lot with the true bearings and also any other data necessary for the location of any lot in the field.
11. Suitable primary control points, approved by the city or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plan shall be referred.
12. The location of all permanent monuments, property corners, and lot corners.
13. The names of all immediate adjacent subdivisions.
14. The date, true north point, scale, datum plane, and date of survey.
15. 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 5,000 feet.
16. The elevations of all permanent monuments based on datum plane approved by the city.
17. Certification by a registered land surveyor of accuracy of the binding site plan map and survey.
18. Location and dimensions of all irrigation water rights-of-way.
19. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
20. The scale of the binding site plan shall be not more than 100 feet to the inch, except that the city, subject to a request prior to binding site plan submittal, may approve an alternative binding site plan map scale not to exceed 200 feet to the inch.
21. If the binding site plan is a redivision or amendment to or alteration of an existing binding site plan, the parcels or lots 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.
22. The applicant’s land surveyor shall set all required monuments and shall stake all lot corners as shown on the binding site plan before the binding site plan is submitted for approval.
23. A vicinity map at a scale of not more than 400 feet to the inch, except that the city, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding 400 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.
24. The street address for the binding site plan will be assigned by the city.
25. United States Bureau of Reclamation horizontal and vertical data including benchmarks.
D. Any deed restrictions or covenants existing or proposed shall be described and drawn on the binding site plan map and/or in the other documents submitted with the binding site plan application and map.
E. The applicant shall submit all parcel and boundary closures to the city at the time the applicant submits the binding site plan map and application.
F. The binding site plan application shall be accompanied by the following:
1. A plat certificate from a title company licensed to do business in the state of Washington and dated within 30 days of the date of submitting the binding site plan application to the city 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 and the developer agreement.
2. A certificate from the Pend Oreille County treasurer indicating that all taxes and assessments on the land and improvements included in the binding site plan have been paid according to the provisions of RCW 58.08.030 and 58.10.040 as now enacted or hereafter amended.
3. All easements and covenants proposed to run with the land.
4. A completed SEPA environmental checklist as required by law.
5. A nonrefundable filing fee as provided in the city’s fee schedule.
G. The binding site plan application shall also be accompanied by two hard copies and one electronic copy of the binding site plan and map.
H. General Requirements – All Binding Site Plans.
1. Binding site plans shall be filed as a record of survey in the Pend Oreille County auditor’s office.
2. The binding site plan shall connect to municipal utilities (sewer and water) in the existing dedicated streets that adjoin the binding site plan, drainageways, and other public ways, or municipal improvements shall be provided in conformance with the city of Newport standards in effect at the time of the binding site plan approval.
3. The binding site plan shall front on an existing dedicated street. there shall be adequate access to a public way from all lots within the binding site plan. Existing dedicated streets shall be improved to the city of Newport’s standards. Private streets shall have direct access onto a dedicated street.
4. The binding site plan shall comply with all applicable zoning and health regulations, including but not limited to those regulations set forth in this title.
5. The binding site plan shall be consistent with the city of Newport’s comprehensive plan.
6. The binding site plan shall conform to the requirements and standards set forth in NMC 17.04.050. The requirements and standards set forth in said section shall be applicable to each and every binding site plan. A binding site plan shall be considered a subdivision for purposes of that section.
7. The binding site plan shall provide for irrigation water rights-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
8. 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.
9. A binding site plan shall be processed simultaneously with the application for platting, rezones, variances, planned unit developments, site plan approvals, and similar legislative quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
10. The binding site plan shall contain provisions making all development conform to the binding site plan.
11. Requests for alteration of an approved binding site plan shall be submitted to the city for preliminary review. Minor revisions to the binding site plan, including lot line adjustments, may be approved by the mayor or his/her designee. All other revisions to approved binding site plans are subject to city council review and approval. The amended binding site plan shall be processed subject to all the procedures and requirements of this chapter.
I. General Requirements – Commercial or Industrial Binding Site Plans.
1. A commercial or industrial binding site plan authorizes a sale or transfer of a lot within the binding site plan. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot within the binding site plan. The sale or transfer of such lot 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.
2. A commercial or industrial binding site plan shall make adequate provisions for public streets, roads, rights-of-way, other public ways, curbs, gutters, sidewalks, street lighting circuits, alleys, transit stops, irrigation rights-of-way, the extension of municipal utilities, including water and sewer services, and any other municipal improvement deemed necessary in conformance with the city standards in effect at the time of the approval of the binding site plan application.
3. All lots within a commercial or industrial binding site plan shall have direct access to a public street. Street lighting shall be provided.
J. General Requirements – Mobile Home and Recreational Vehicle Binding Site Plans.
1. Mobile home and recreational vehicle binding site plans shall authorize the leasing of lots therein but shall not authorize the sale or transfer of ownership of a lot within the binding site plan.
2. All improvements (i.e., all water services, fire lines, sewers, private access streets) within the mobile home or recreational vehicle park binding site plan boundaries shall be privately held and maintained by the property owner(s)/applicant(s). The binding site plan shall make adequate provisions for internal private access streets, curbs, gutters, sidewalks, street lighting circuits, and alleys. The binding site plan shall make provisions for adequate easements within the binding site plan for major municipal utility lines.
K. Specific Conditions and Requirements – All Binding Site Plans.
1. Preapplication Conference. Prior to submission of a binding site plan application and map, the applicant or the applicant’s representative shall schedule a preapplication conference with the city.
a. The mayor or his/her designee will coordinate the conference with representatives of affected city of Newport departments and other public agencies.
b. The applicant shall present a conceptual idea of the binding site plan.
c. Representatives of affected city of Newport departments will respond informally and address potential items of concern to aid the applicant in preparing the binding site plan.
2. The binding site plan shall contain the legal description of the land within the binding site plan and such declarations as may be prescribed by the city.
L. The city may approve a binding site plan, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The proposed binding site plan is in compliance with the Newport comprehensive plan and any other such plans developed pursuant to law. In addition, if the property, in part or total, abuts a state highway, the proposed binding site plan is in compliance with any rules of the Washington State Department of Transportation.
2. The physical characteristics of the site, including but not limited to topography, soil conditions or unique natural features, such as susceptibility to flooding, wildlife habitat or wetlands, have been considered in the project design.
3. The proposed binding site plan is in compliance with all applicable standards in the Newport zoning ordinance and in this title.
4. The appropriate provisions have been made for dedications, easements and reservations.
5. The public use and interest will be served by the binding site plan.
6. The following facilities are adequate to serve the proposed binding site plan or will be improved concurrent with development of the binding site plan:
a. Public and private streets or roads;
b. Water;
c. Drainage;
d. Sanitary waste collection and treatment;
e. Schools and educational services;
f. Fire and police service; and
g. Pedestrian and bike facilities.
7. If phasing is proposed:
a. The phasing plan includes all land within the binding site plan;
b. Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire plat; and
c. All road improvement requirements are assured.
M. City approval of the binding site plan shall be valid for a period of one year from the date of approval.
N. Upon approval of the binding site plan by the city, the applicant shall:
1. Pay the appropriate fees to record the approved binding site plan with the Pend Oreille County auditor.
2. Sign and submit to the city a developer agreement in a format prescribed by the city which: (a) dedicates to the city all streets required to be dedicated to the city as a condition of binding site plan approval; (b) grants to the city all easements required to be granted as a condition of binding site plan approval; (c) describes and shows the precise location of all granted easements and dedicated streets; (d) imposes an obligation on the applicant to install and construct, or post a bond or cash equivalent for, all utility and street improvements required as a condition of the binding site plan; and (e) sets forth any other conditions of binding site plan approval. The signature of the applicant shall be notarized. The approved binding site plan shall not be signed by the clerk/treasurer or filed for recording with the Pend Oreille County auditor’s office until signed and acceptable developer agreement is approved by the city.
O. Upon receipt of all required final fees and an acceptable and signed developer agreement, the approved binding site plan and the developer agreement shall be signed by the city.
1. The city shall transmit the original developer agreement and three copies of the binding site plan to the Pend Oreille County auditor for final filing and recording. One reproducible conformed copy of the binding site plan shall be retained by the city. One conformed copy of the binding site plan shall be returned to the applicant.
2. Any record of survey filed as a binding site plan which does not bear the appropriate signature of the city is not a valid binding site plan and shall not confer any rights or privileges upon the property or its owners.
P. Once the binding site plan and developer agreement are filed for recording with the Pend Oreille County auditor’s office, the binding site plan and developer agreement shall be binding upon and be enforceable against the applicant, the applicant’s heirs and personal representatives, and the applicant’s successors and assigns, including any person or entity which obtains an ownership interest in all or any portion of the land within the binding site plan.
Q. 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 recoded with Pend Oreille County before issuance of a permit. Said certificate shall ensure the segregation of construction complements the approved binding site plan.
R. 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 and utility improvements.
S. No building permits or certificates of occupancy shall be issued by the city with respect to any lots or land within an approved binding site plan until all required street and utility improvements have been completed and approved and a one-year maintenance bond posted.
T. Following the approval of a binding site plan, the applicant shall submit to the city two hard copies and one electronic copy of construction plans and specifications prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements as required by the city in approving the binding site plan. The construction plans and specifications shall be accompanied by a plan check fee as per the rate schedule established by the city. All construction plans and specifications shall be in conformance with city standards. Sheet size shall be 24 inches by 36 inches and shall have a border of one inch on the left margin and one-half inch on the remaining three margins. The scale shall be five feet vertically and 40 feet horizontally.
U. After the city approves the construction plans and specifications, the applicant shall complete and install all street and utility improvements required by the city in granting approval of the binding site plan within one year of the date upon which the city approves the construction plans and specifications. A one-year performance or subdivision bond or other security in a form satisfactory to the city attorney shall be required in the amount of 150 percent of the construction costs as determined by the city. After the street and utility improvements are constructed and approved, a one-year maintenance bond shall be required in the amount of 100 percent of the construction costs as determined by the city.
1. In the event that all street and utility improvements are not completed within one year of the date upon which the city approves the construction plans and specifications, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. In the alternative, the city administrator may grant one extension of the performance or subdivision bond or security for a period not to exceed one year; provided, that the request for an extension is filed with the city at least 60 days prior to the expiration of the bond or security. If the request for a time extension is granted, a new performance or subdivision bond or security shall be submitted in an amount sufficient to cover 150 percent of the cost of completing street and utility improvements. The bond will be updated with new estimates of costs on all uncompleted improvements and all increased costs shall be passed onto the bond. If the surety does not accept these increased costs, then the city will foreclose on the bond and the binding site plan will be held in abeyance. Departments issuing recommendations for new performance or subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the city to the bond or security to cover the costs of completing utility and street improvements without the written consent of the applicant. After the street and utility improvements are constructed and approved, a one-year maintenance bond shall be required in the amount of 100 percent of the construction costs as determined by the city.
2. The city or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all street and utility improvements to ensure conformance with the approved plans and specifications.
V. No lots within a binding site plan may be sold or leased until the approved binding site plan and the signed developer agreement are recorded by the Pend Oreille County auditor’s office.
W. A binding site plan shall be governed by the terms of approval of the binding site plan. Lots 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.
X. Any decision approving, approving with conditions or disapproving any binding site plan may be appealed in accordance with the provisions of the Newport Municipal Code. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.110 Final plat.
The purpose of a final plat is to ensure that all conditions of the preliminary short plat or preliminary subdivision plat approvals have been satisfied prior to the recordation of the map.
A. Every final plat document shall include an accurate map of the divided land, based upon a legal survey, including the following information:
1. All sections, including quarter section and quarter quarter section, township, municipal and county lines lying within or adjacent to the land.
2. The location of all monuments, found or set, or other evidence used as ties to establish the subdivision boundaries. The location of all monuments found and established within the subdivision.
3. The boundary of the divided land with complete bearings and lineal dimensions.
4. The length of each block and lot line, together with bearings and other data necessary for the location of any block or lot line in the field.
5. The location, width and centerline of all streets and alleys within and adjoining the subdivision.
6. The location and width, shown with broken lines, and description of all easements, including a statement of their designated use.
7. Lot areas in square feet and lot and block numbers where applicable.
8. Location of all adjoining and adjacent existing plats and unplatted property, indicated by broken lines, together with recording data.
B. The city shall approve the final subdivision plat if all of the following findings of fact can be made in an affirmative manner:
1. The final plat meets the requirements of Chapter 58.17 RCW, other applicable state laws, and all requirements for plat approval in this title.
2. The final plat has met all the conditions and conforms to all terms of the preliminary approval.
3. The Pend Oreille County treasurer certifies that all taxes and delinquent assessments for which the property may be liable have been duly paid, satisfied or discharged.
C. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3).
D. The final plat shall be filed with the city upon receipt of the filing fee from the applicant and shall be recorded by the county auditor. (Ord. 2104 § 1 (Exh. A), 2022)
17.05.120 Vacation and alteration.
The purpose of a vacation and alteration procedure is to allow for the vacation, deletion, or alteration of a dedicated right-of-way or easement.
A. The city at a public hearing may approve a vacation and alteration request, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The alteration to the previously approved subdivision is in compliance with the Newport comprehensive plan and the development regulations.
2. The public use will be served by the alteration to the previously approved subdivision.
B. After approval of an alteration request, a revised plat shall be filed with the county auditor. (Ord. 2104 § 1 (Exh. A), 2022)