Chapter 18.20
BINDING SITE PLANS

Sections:

18.20.010    Purpose.

18.20.020    Scope.

18.20.030    Condominiums.

18.20.040    Application submittal and contents.

18.20.050    Approval criteria.

18.20.060    Review process.

18.20.070    Development standards.

18.20.080    Modifications and vacations.

18.20.090    Distribution of copies and filing.

18.20.100    Time limit.

18.20.110    Effect of final binding site plan approval.

18.20.010 Purpose.

The purpose of this chapter is to clearly delineate the criteria used by the city of Port Townsend to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. The binding site plan process provides a means for certain types of land division applications to be processed administratively based upon the city’s adopted development standards and regulations. Binding site plans tie a future development to an approved set of conditions and site layout. (Ord. 2572 § 2, 1997).

18.20.020 Scope.

This chapter shall be limited and only apply to one or more of the following:

A. The use of a binding site plan to divisions of land for sale or lease of mixed use, commercial or industrial zoned property where the applicant proposes a unified scheme of property development;

B. Divisions of property for commercial, industrial or residential condominium development as provided for in PTMC 18.20.030; and

C. Planned unit developments proposed under Chapter 17.32 PTMC for residential and mixed use developments where full or short subdivision of the land into separate, legally segregated lots or parcels is not required. (Ord. 2572 § 2, 1997).

18.20.030 Condominiums.

For the purpose of approval of condominium developments, the provisions of this title regarding short subdivisions and full subdivisions shall not apply if:

A. A land division is proposed as a condominium and does not result in the subdivision of land into separately owned lots in accordance with the definition for short or full subdivisions, but subjects a portion of a lot, tract, or parcel to Chapter 64.34 RCW (“Condominium Act”) subsequent to the recording of a binding site plan for all such land;

B. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan proposed for a condominium project;

C. The city of Port Townsend has approved a binding site plan for all such land; and

D. The binding site plan contains thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city of Port Townsend, and in accordance with such other government permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons, businesses, corporations, partnerships or other entities now or hereafter having any interest in the land described herein.

(Ord. 2572 § 2, 1997).

18.20.040 Application submittal and contents.

To be considered complete, the application for binding site plan approval shall include the following:

A. The application shall be submitted to DSD on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC;

B. A completed land use permit application form, including all materials required pursuant to PTMC 20.01.100;

C. Commercial, Mixed Use and Industrial Binding Site Plans. In addition to materials required pursuant to subsections A and B above, a binding site plan application for commercial, mixed use and industrial proposals shall contain the same elements and information as a preliminary plat, in accordance with PTMC 18.16.030, 18.16.040, and 18.16.050;

D. Binding Site Plan for Residential Condominiums. In addition to materials required pursuant to subsections A and B of this section, a binding site plan for residential condominiums shall conform with the requirements of Chapter 64.34 RCW, “The Condominium Act.” The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered land surveyor licensed in the state of Washington. In addition to requirements of Chapter 64.34 RCW, the binding site plan map must include the following:

1. The name of the condominium project;

2. Legal description of the entire parcel;

3. The date, scale, and north arrow;

4. Boundary lines, rights‑of‑way for streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements;

5. Names and right‑of‑way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

6. Number of each lot and each block or division;

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

8. Location and description of monuments, boundary corners set, and all lot corners set and found;

9. Datum elevations and primary control points approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;

10. Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy intended to be preserved per PTMC 19.06.120, Tree conservation standards; and the location of the proposed access to the site for clearing and grading during site development and construction;

11. A dedicatory statement acknowledging public and private dedications and grants;

12. The statement required by PTMC 18.20.030(D) must be on the face of the final binding site plan; and

13. Other restrictions, conditions, and requirements as deemed necessary by the city, including all applicable requirements of the engineering design standards. (Ord. 2892 § 1, 2005; Ord. 2837 § 2(Exh. B § 5), 2003; Ord. 2572 § 2, 1997).

18.20.050 Approval criteria.

A. Binding site plans shall be approved upon showing compliance with the following:

1. Applicable city, state and federal zoning, land use, environmental and health regulations, policies or plans, including but not limited to:

a. Port Townsend comprehensive plan;

b. Port Townsend zoning code;

c. Engineering design standards;

d. Critical Areas Ordinance (Chapter 19.05 PTMC);

e.  Tree conservation (Chapter 19.06 PTMC);

2. The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for students who walk to and from school;

3. The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW;

4. Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare.

B. Notwithstanding conformance with the criteria provided in subsection A herein, a proposed binding site plan may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved. (Ord. 2837 § 2(Exh. B § 6), 2003; Ord. 2572 § 2, 1997).

18.20.060 Review process.

A. An application for a binding site plan approval shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.

B. The DSD director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions, if the proposal is within one mile of another city or jurisdiction, and the Washington State Department of Transportation, if the proposal is adjacent to a state highway.

C. Based upon comments from city departments and applicable agencies, and other information, the director shall review the proposal subject to the criteria of PTMC 18.20.050. A proposed binding site plan shall only be approved when consistent with all provisions of PTMC 18.20.050. Binding site plan approval may be based upon certain delineated conditions. The city shall make written findings and conclusions documenting compliance with all approval criteria. A binding site plan shall be granted preliminary approval only, until all improvements are installed or the city has received adequate guarantees or assurances of future installation of improvements pursuant to the city’s engineering design standards.

D. Upon satisfying all conditions of approval, if any, and satisfying all requirements of the city’s engineering design standards for the installation of all improvements, the director shall administratively approve the final binding site plan for filing with the Jefferson County assessor. The final binding site plan shall conform with all requirements of PTMC 18.16.120, Preparation of a final plat, and PTMC 18.16.130, Accompanying documents – Final plat, as applicable.

E. For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Jefferson County assessor of the condominium CC&Rs. (Ord. 2892 § 1, 2005; Ord. 2572 § 2, 1997).

18.20.070 Development standards.

Binding site plans shall conform to the development standards of Chapter 18.24 PTMC. (Ord. 2572 § 2, 1997).

18.20.080 Modifications and vacations.

Binding site plans may be modified or vacated subject to the following:

A. Binding site plans may be modified only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not adversely impact public health and safety, the environment, or the delivery of services to the site. The proposed modification must be clearly shown and be accompanied by a letter of explanation. Upon administrative approval of such modification, the modifications shall become part of the binding site plan. If the proposed modification constitutes a substantial modification, the proposal shall be processed as a new binding site plan application.

B. Prior to issuance of any building or other site development permits, including but not limited to clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to DSD of a letter of intent to vacate the binding site plan. The letter shall become binding upon its acceptance by the director. If the binding site plan has been recorded with the Jefferson County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson County auditor.

C. After issuance of any building or other site development permits, including but not limited to clearing and grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval. (Ord. 2892 § 1, 2005; Ord. 2572 § 2, 1997).

18.20.090 Distribution of copies and filing.

A. Upon approval, a binding site plan shall follow the procedures of PTMC 18.16.170, Distribution of copies and filing of final plat.

B. After approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by administrative approval. (Ord. 2572 § 2, 1997).

18.20.100 Time limit.

The applicant or owner of the property subject to a binding site plan shall obtain all permits for the development of a site within five years of its recording under PTMC 18.20.090. If the applicant fails to obtain all permits within five years, no site development permits shall be issued until the applicant files a new application and obtains binding site plan approval in accordance with this chapter. (Ord. 2572 § 2, 1997).

18.20.110 Effect of final binding site plan approval.

A. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other legal or property interest of any lot, parcel, or tract created pursuant to the binding site plan.

B. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of this title. (Ord. 2572 § 2, 1997).