Chapter 17.30
BINDING SITE PLANS

Sections:

17.30.010    Applicability.

17.30.020    Alteration and vacation.

17.30.030    General site plans.

17.30.040    Survey required.

17.30.050    Recording and enforcement.

17.30.055    Treasurer’s certificate.

17.30.060    Application and fees.

17.30.900    Severability.

17.30.010 Applicability.

The administrator, in lieu of other provisions of Title 17, may approve divisions of land by use of a binding site plan. This procedure applies only to the sale or lease of property zoned “C” or “I”; the lease of property for use by a mobile home or travel trailer; and condominiums created under Chapter 64.32 RCW. (Ord. 1914 § 1 (part), 1997).

17.30.020 Alteration and vacation.

A binding site plan can be altered or vacated in accord with Chapter 17.28. (Ord. 1914 § 1 (part), 1997).

17.30.030 General site plans.

A general, binding site plan may be used for the division of property, but a specific site plan must be approved before a building permit can be issued. (Ord. 1914 § 1 (part), 1997).

17.30.040 Survey required.

Prior to authorizing the recording of a binding site plan, the applicant must present evidence to the administrator that a survey of the property, which is consistent with the boundaries of the site plan, has been recorded with the county auditor. (Ord. 1914 § 1 (part), 1997).

17.30.050 Recording and enforcement.

All site plans, whether general or specific, must be recorded with the Benton County auditor with a record of survey. The lots, parcels or tracts created through this procedure are legal lots of record. All provisions, conditions and limitation on the site plan are binding on the owner, purchaser or any other person acquiring a lease or other interest of any lot, parcel or tract created pursuant to the binding site plan. 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 site plan or without a binding site plan approval, is a violation of Chapter 58.17 RCW and this title. It may be restrained by injunction in accord with law. (Ord. 1914 § 1 (part), 1997).

17.30.055 Treasurer’s certificate.

A certification from the Benton County treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged, including any advance taxes, if necessary is required. (Ord. 1914 § 1 (part), 1997).

17.30.060 Application and fees.

A.    Application and twelve copies and one reproducible copy of the binding site plan shall be filed with the administrator. Fees shall be paid in accordance with Chapter 20.10.

B.    This is a type I application, and the administrator shall make the final decision. The application shall be processed as set forth in Title 19 of this code. (Ord. 2620 § 1, 2008: Ord. 1914 § 1 (part), 1997).

17.30.900 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2620 § 2, 2008).