Chapter 16.12
BINDING SITE PLAN
Sections:
16.12.020 Application--Generally.
16.12.030 Application--Preparatory consultation.
16.12.040 Application--Form--Fee.
16.12.050 Application--Mapped information.
16.12.060 Application--Written information.
16.12.070 Application--Clerk's responsibility.
16.12.080 Application--Building official responsibility.
16.12.090 Application--Planning commission responsibility.
16.12.100 Application--Council responsibility.
16.12.110 Application--Acceptance.
16.12.120 Application--Recording.
16.12.130 Application--Period of approval.
16.12.140 Changes to binding site plan.
16.12.160 Construction of improvements.
16.12.010 General provisions.
The major difference between a binding site plan and a subdivision is that under the binding site plan the entire development remains under single ownership or control (the individual sites being rented) and thus there is no need to plat or legally describe the individual sites.
To be developed under these binding site plan regulations, including Chapter 58.17 RCW, a development must meet the following guidelines:
A. A binding site plan must be submitted for approval of the town council; and
B. Land shall remain under single ownership or control; and
C. Sites so developed shall be only for lease for the purpose of planning or installing a manufactured (mobile) home or recreational vehicle upon them. (Ord. 135-B §4.101, 1982)
16.12.020 Application--Generally.
The purpose of Sections 16.12.030 through 16.12.170 is to set forth the information requirements necessary for the planning commission and the town council to evaluate a proposed project. Final decision on a binding site plan shall be made within eighty days of the date of filing the complete application. (Ord. 135-B §4.102(part), 1982)
16.12.030 Application--Preparatory consultation.
Applicant, or his representative, before preparation of the proposed site plan, may consult with the planning commission and other town officials, as necessary, to determine binding site plan, zoning and comprehensive plan requirements. (Ord. 135-B §4.102(a), 1982)
16.12.040 Application--Form--Fee.
Application shall be made to the town clerk together with the fee and providing information required in Sections 16.12.050 and 16.12.060. An application form shall be available from the town clerk. (Ord. 135-B §4.102(b), 1982)
16.12.050 Application--Mapped information.
Six copies of the site plan shall give the following information:
A. Tentative site plan: a neat map showing boundaries of the property; proposed manufactured home or recreational vehicle sites with dimensions; proposed locations of other buildings or structures; street, walkways and parking area locations and dimensions; easements; northpoint, scale and date; name of owner or authorized person; and the name and the phone number of the person who prepared the map(s).
B. Structures: location of any existing structures.
C. Hazards: location of hazard areas as indicated on the town's hazard maps, showing areas subject to flooding or other hazards.
D. Open spaces: location and square footages of open spaces including common open areas and recreational areas; existing and proposed buffers, screens and landscaped areas. (Ord. 135-B §4.102(c), 1982)
16.12.060 Application--Written information.
Written information shall be as follows:
A. Title report: a preliminary title report indicating any taxes or assessments against the property.
B. Ownership: ownership of the property and the park.
C. SEPA checklist: if applicable. (Ord. 135-B §4.102(d), 1982)
16.12.070 Application--Clerk's responsibility.
A. Town clerk shall ensure that all information is present from the applicant and shall prepare a separate file for each application.
B. The town clerk shall then coordinate gathering the input from those persons whose expertise is needed in reviewing the proposed site plan, such as the town planner, fire chief, superintendent of public works, and the police chief. Such input shall be received, in writing, within fifteen days of the date of application.
C. Schedule a public hearing before the planning commission. Notices shall meet the requirements of RCW 58.17.090, and the costs of providing such notices shall be borne by the developer or owner. (Ord. 135-B §4.102(e), 1982)
16.12.080 Application--Building official responsibility.
The building official is responsible for reviewing the application, and shall make sure it is complete, and shall then transmit it to the planning commission. (Ord. 135-B §4.102(f), 1982)
16.12.090 Application--Planning commission responsibility.
Planning commission responsibility shall be as follows:
A. Conduct public hearings which may be scheduled on the date of a regular planning commission meeting;
B. They shall review the proposed site plan for conformance with Chapter 16.16, Minimum Standards;
C. Based on this review and public input the planning commission, within forty-five days of the date of the application, shall submit a recommendation, in writing with findings of fact and conditions, to the town council. (Ord. 135-B §4.102(g), 1982)
16.12.100 Application--Council responsibility.
A. The town council is responsible for making all final decisions on the binding site plan application.
B. Upon receipt of the recommendation from the planning commission the town council shall set a date for a public meeting where it may adopt or reflect the planning commission recommendation. If the town council requires substantial revisions or a change from the recommendations of the planning commission, the town council shall then set and conduct a public hearing and thereupon adopt its own recommendation and approve or disapprove the proposed binding site plan.
C. In approving or disapproving the binding site plan, the town council shall make written findings of fact that the proposed site plan is in conformance, or not in conformance, with the current comprehensive plan and zoning ordinance.
D. Approval or disapproval of a binding site plan shall be subject to RCW 58.17.100, 58.17.110 and 58.17.120. (Ord. 135-B §4.102(h), 1982)
16.12.110 Application--Acceptance.
Acceptance of the binding site plan shall be completed by the signatures of the planning commission chairman, the town engineer, the town clerk, the mayor and the owner or developer. (Ord. 135-B §4.102(i), 1982)
16.12.120 Application--Recording.
Upon approval and signing by the public officials, it is the responsibility of the applicant to have the binding site plan recorded by the county auditor, to pay filing fees, and to return a copy to the town clerk with a completed recording certificate. (Ord. 135-B §4.102(j), 1982)
16.12.130 Application--Period of approval.
Binding site plan approval shall become void if construction is not started within one year, unless extended by the town council, who may give a one-year extension. (Ord. 135-B §4.102(k), 1982)
16.12.140 Changes to binding site plan.
No changes in layout of roads, sites, open spaces, utilities or other conditions specified in the approval of the binding site plan by the town council may be made by either party without being approved, at a pubic meeting, by the planning commission, the town council and the owner or developer. These approved changes shall then become a part of the binding site plan. (Ord. 135-B §4.103, 1982)
16.12.150 Procedure chart.
The binding site plan procedure chart (pages 9 and 10 of the ordinance codified in this chapter) illustrates the proper procedures for an application to follow on a request for a binding site plan. (Ord. 135-B §4.104, 1982)
16.12.160 Construction of improvements.
Following approval of the binding site plan the developer shall:
A. Contact the official designated by the mayor as the town engineer for specifications for improvements called for in Chapter 16.16, Minimum Standards;
B. Prepare construction plans and specifications for the improvements required, and submit them to the town engineer for his verification that they conform to Chapter 16.16, Minimum Standards. The town engineer shall have fifteen days to approve, conditionally approve, or disapprove the submitted plans;
C. Furnish the town with a performance bond or similar instruments in the amount of one hundred twenty-five percent of the cost as estimated by the town engineer. This performance bond shall be furnished to the town to cover all utilities and road improvements that the town will later assume responsibility for maintenance;
D. Complete improvements according to the approved plans and specifications. The town engineer shall make all inspections necessary to ensure that improvements are constructed according to plans and specifications. The town engineer has the authority to stop construction and to require immediate corrections if the work does not meet specifications. The town engineer shall notify the town council of completion and compliance. If applicable the performance bond may then be released;
E. The developer shall reimburse the town for any inspection expenses, and upon completion of the improvements, shall provide the town with “as-built” plans;
F. A bond shall be provided by the developer securing the town the successful operation of the improvements for a period of two years after final approval. (Ord. 135-B §4.2, 1982)
16.12.170 Occupancy of sites.
Upon completion of improvements and inspections by the building official and other governing agencies, occupancy of the sites may begin. The building official shall give written notice to the developer that final inspections have been made and that occupancy may take place. (Ord. 135-B §4.3, 1982)