Chapter 20.94
BINDING SITE PLAN APPROVAL
Sections:
20.94.020 Overview of review process.
20.94.030 General binding site plan review procedure.
20.94.040 Specific binding site plan review procedure.
20.94.010 General.
(a) The intent of this chapter is to establish a way to divide land for the following purposes:
(1) Divisions for sale, lease or transfer of ownership for commercial and industrial uses;
(2) Divisions for lease when no residential structures other than mobile homes or travel trailers are permitted; and
(3) Divisions which are created by subjecting a portion of a parcel or tract of land to condominium ownership as provided in RCW 64.32.
(b) A person seeking to divide land for any of these purposes may make application for approval of a binding site plan rather than a short or long subdivision. (Ord. 1052 § 2(B) (part), 1991)
20.94.020 Overview of review process.
(a) The review and approval of a binding site plan is a two-step process: general and specific. The first step is the review and action by the city council of a general binding site plan for an entire site. Once the general binding site plan is recorded, a specific binding site plan establishing the division(s) on the subject site is submitted with the building permit, reviewed by staff and recorded.
(b) Approval of a binding site plan shall require:
(1) Approval and recordation of a general binding site plan; and
(2) Approval and recordation of a specific binding site plan. (Ord. 1052 § 2(B) (part), 1991)
20.94.030 General binding site plan review procedure.
(a) A general binding site plan shall be processed as a Class III action pursuant to the provisions of Chapter 20.08. The purpose of the general binding site plan is to establish necessary requirements for site development and use while providing an accurate record of the site and future improvements. The general binding site plan does not create individual lots or lease areas; and no building permit shall be issued for a site on which only a general binding site plan is recorded.
(b) The applicant shall submit a general binding site plan to the building committee. An application shall not be accepted by the committee unless it contains all of the following items:
(1) The site plan is shown to an adequate scale;
(2) The site plan identifies and shows the areas and locations of all streets, roads, improvements, utilities and open spaces;
(3) The site plan contains inscriptions or attachments setting forth all limitations and conditions for the use of land as established by city council;
(4) The site plan contains a provision requiring that any development of the subject property be in conformance with the specific binding site plan; and
(5) The site plan shall be filed for record with the county auditor to run with the subject property in compliance with state and county laws and regulations. (Ord. 1176 § 52, 1996; Ord. 1052 § 2(B) (part), 1991)
20.94.040 Specific binding site plan review procedure.
(a) A specific binding site plan shall be processed as a Class I action pursuant to the provisions of Chapter 20.08. The purpose of the specific binding site plan is to provide an expeditious staff review of divisions; ensure appropriate conditions and requirements have been met; and provide proper recording of divisions for sale or transfer. 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 as specified by this title have been met. Unless modified by a time limit extension request or condition by previous permit or zone change approval, the first specific binding site plan shall be filed within five years after recordation of the general binding site plan or approval or previous permit or zone change. Subsequent specific binding site plans, unless otherwise provided, shall be filed within twelve months after the first specific site plan is recorded.
(b) The applicant shall submit one reproducible and six copies of the specific binding site plan; a site plan illustrating the proposed development on the subject lot or lease area to the building committee. The specific binding site plan shall comply with the requirements of this chapter and shall be submitted prior to or concurrent with any building permit requested for the subject lot or lease area. If the proposed development is in conformance with a previously approved site plan, the applicant may make reference to the file (case) number of the permit or action containing the applicant site plan.
(c) Upon compliance of all necessary requirements, the specific binding site plan shall be circulated for signatures and filed with the county auditor.
(d) Each specific binding site plan shall include an accurate map of each parcel being created. Those specific binding site plans representing divisions for purposes of sale or transfer of ownership shall be based on a complete survey. Contents of the map shall include:
(1) Each new lot or parcel identified as “Parcel” and numbered consecutively with the number of the final parcel being created on a tract circled;
(2) All section, township, municipal and county lines lying within or adjacent to the subject specific binding site plan;
(3) The location of all monuments or other evidence including data for all supplemental control points used to establish parcel boundaries;
(4) The location of all permanent control monuments found and established at the controlling corners of each parcel;
(5) The boundary of each parcel with complete bearings and lineal dimensions with all curves described by radii, arcs and semitangents;
(6) The location, width, centerline and name of all existing and proposed roads and rights-of-way within and adjoining each specific binding site plan;
(7) Unless a utility map is referenced, the location and dimension of all installed water and sewer lines and facilities, and other utilities adjacent and within the specific binding plan;
(8) The location and dimension of all common areas within the specific binding site plan, and a description of the purposes thereof;
(9) The location and width of all easements within and adjacent to the specific binding site plan shown with broken lines, and a description of the purpose thereof. The location of the easement shall include, where applicable, references to all permanent roads, structures and boundaries;
(10) The boundaries of the subject general binding site plan shown with broken lines;
(11) Names and numbers of any adjacent division;
(12) The scale and the north point on each sheet containing a map;
(13) Any roads not dedicated to the public shall be clearly marked;
(14) For specific binding site plans to be recorded for the purpose of a sale or transfer of ownership, a certificate signed by the Whatcom County treasurer 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; and
(15) A certificate for acknowledgment of the filing of the plat by the county/auditor and providing for the name of the person filing the plat.
In addition to the map and written data and the original copy of the specific binding site plan, there shall also be provided one reproducible and four paper copies. Two copies of any covenants and restrictions which differ from that recorded for the general binding site plan shall also be provided. (Ord. 1176 § 53, 1996; Ord. 1052 § 2(B) (part), 1991)