Chapter 16.06
BINDING SITE PLANS
Sections:
16.06.030 General requirements.
16.06.040 Specific requirements.
16.06.050 Preliminary approval process.
16.06.060 Final binding site plan preparation.
16.06.070 Final binding site plan submittal and approval process.
16.06.080 General final binding site plan requirements.
16.06.090 Specific final binding site plan requirements.
16.06.110 Dedication, acknowledgment and endorsement.
16.06.120 Recording of final binding site plans.
16.06.010 General provisions.
A. The purpose of this chapter is to:
1. Establish an expedited way to divide land for sale, lease or transfer of ownership for commercial and industrial zoned property consistent with RCW 58.17.020(7) and 58.17.035, as amended, while providing an accurate record of the divisions and requiring future improvements;
2. Provide a process designating lots to be created; however, such designation is to be liberally construed in order that lots may be modified without resubmittal of an application, as long as the project is consistent with required zoning and other development standards;
3. Provide for public and private improvements when development or sale of commercial or industrial lots requires such improvements.
B. All lots, parcels or tracts created through the binding site plan process shall be legal lots of record. (Ord. C-656 § 50, 2007)
16.06.020 Applications.
A. Any person seeking to divide or redivide commercial or industrial zoned property for the purpose of sale, lease, or transfer of ownership, unless exempt under this title, shall submit an application for approval to the Director.
B. Prior to filing an application with the City, the applicant is encouraged to attend an informal preapplication meeting to discuss, in general terms, the proposed development, City design standards, design alternatives, environmental review process, and required permits and approval process.
C. A formal preapplication meeting is required in accordance with Chapter 14.03 AHMC.
D. A complete preliminary binding site plan application shall consist of the following:
1. Application form;
2. A minimum of six copies of the preliminary binding site plan, prepared in accordance with this chapter;
3. SEPA environmental checklist, if required;
4. Application fees; and
5. Any other information the Director deems necessary. (Ord. C-656 § 51, 2007)
16.06.030 General requirements.
A. The Director may waive any required information for preliminary and final binding site plans if the information is either:
1. Recorded or recorded by reference with the county auditor; or
2. Is available in the official file.
B. The preliminary binding site plan, containing all the information specified in this chapter, shall be prepared by a licensed land surveyor.
C. All mapped information shall be prepared in a neat and legible manner in pencil or ink, on high grade 24-inch by 36-inch paper, and at a horizontal scale of one inch equals 50 feet or one inch equals 100 feet and be the same for each sheet. If approved by the Director, an appropriate scale may be used which does not exceed one inch equals 200 feet. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of two inches on the left side and one-half inch on the remaining sides.
D. A vicinity sketch at a scale of not more than one inch equals 400 feet shall accompany the preliminary binding site plan. The vicinity sketch shall show all adjacent subdivisions, streets and tract lines and bordering lines of adjacent parcels. It shall show how the streets and alleys in the proposed binding site plan may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood.
E. The design of binding site plans shall conform to the requirements of all applicable City plans and standards and any official control relating to land use which has been adopted to implement the Airway Heights Comprehensive Plan. In addition:
1. The design, shape, size, and orientation of the lots should be appropriate for the uses for which the divisions are intended, and the character of the area in which they are located.
2. Block dimensions should reflect due regard to the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for land uses planned.
3. Road alignments should be designed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the land so divided.
4. Lots should not be divided by the boundary of the City, zoning designations, or public right-of-way. (Ord. C-656 § 52, 2007)
16.06.040 Specific requirements.
The preliminary binding site plan shall include the following features and information on one or more maps or drawings:
A. Proof of Ownership. Present and proposed tract designations or binding site plan names, names and addresses of property owners, notations indicating size, scale, north arrow, location of site by section, township, and range, and date of preparation.
B. Map Requirements.
1. Boundary lines and dimensions of all proposed lots or tracts;
2. Existing and proposed easements and right-of-way location, width and purpose;
3. Streets and alleys on and adjacent to the site, including name, location, and right-of-way widths;
4. Existing and proposed utilities on and adjacent to the site;
5. Proposed lot and block numbers;
6. Legal description, certified by a registered land surveyor;
7. Phasing plan, if applicable;
8. Zoning and land uses;
9. Existing zoning classifications on and adjacent to the site;
10. Approximate location of existing buildings, septic tanks, drainfields, wells, or other improvements and indication of whether such structures are proposed to remain on-site;
11. Approximate location of all natural features such as wooded areas, streams, or drainageways;
12. Sites, if any, to be reserved, dedicated, or offered for sale for parks, playgrounds, or other public uses. (Ord. C-656 § 53, 2007)
16.06.050 Preliminary approval process.
A. Applications for preliminary binding site plans shall be processed in accordance with AHMC Title 14.
B. The Director shall review all reports, recommendations and comments received and adopt written findings and a decision concerning the proposed binding site plan, which includes the following:
1. The appropriateness of the binding site plan considering the physical characteristics of the site. A binding site plan may be disapproved or conditioned because of flood, inundation or swamp conditions, slopes or other physical characteristics detrimental to proper development.
C. The Director shall make a formal written finding of fact that the proposed binding site plan is in conformity with any applicable zoning ordinance or other land use controls which may exist.
D. Applications for preliminary binding site plans shall be approved, approved with conditions, or denied within 30 calendar days of the issuance of a letter of application completeness. The Director shall either:
1. Approve the binding site plan with or without conditions; or
2. Return the binding site plan application to the applicant for corrections or for additional information; or
3. Disapprove the preliminary binding site plan.
E. The Director shall convey findings and actions on the binding site plan by written letter to the applicant and those persons who submitted comments on the proposed preliminary binding site plan.
F. The decision of the Director is final unless an appeal is made in accordance with AHMC Title 14. (Ord. C-656 § 54, 2007)
16.06.060 Final binding site plan preparation.
On receipt of the certification regarding minimum improvements and/or bonding required in Chapter 16.08 AHMC, the Director shall advise the applicant to prepare a final binding site plan. Final binding site plans shall be recorded only for those phases or portions of the area contained in the preliminary binding site plan in which minimum improvements have been installed or concerning which a performance bond has been posted. (Ord. C-656 § 55, 2007)
16.06.070 Final binding site plan submittal and approval process.
A. The final binding site plan shall be prepared in accordance with the provisions of this chapter. Nine copies of the final binding site plan shall be submitted to the Director. A title report and tax statement covering the final binding site plan shall be submitted before final approval.
B. The Director shall determine if the binding site plan complies with the conditions of approval. The Director and City Engineer shall execute written approval, which shall be suitably inscribed on the final binding site plan within 30 days of the date of submitting such binding site plan to the City, or returned to the applicant for modification or correction, unless the applicant in the meantime shall have filed written consent for a longer period within which the Director is to act thereon. If approval is withheld, the original copy of the final binding site plan, together with a list of required modifications, prepared in accordance with the provisions of this chapter, shall be returned to the applicant. The Director shall retain a duplicate set.
C. A final binding site plan may include all of the lots being created or it may consist of the boundary of the binding site plan. If no lots are being created at the time of filing the final binding site plan, the creation of any lots shall be made by a record of survey under the provisions of AHMC 16.06.100. (Ord. C-656 § 56, 2007)
16.06.080 General final binding site plan requirements.
A. The final binding site plan shall incorporate all conditions of approval imposed by the City and shall be prepared and certified by a registered land surveyor.
B. The map of the final binding site plan shall be submitted to the Director in the form herewith prescribed:
1. The final binding site plan, containing all the information specified in this chapter, shall be prepared in a neat and legible manner in drawing ink and be permanently reproducible.
2. All documents, maps, and survey notes shall contain 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).
3. The trimmed size of the final binding site plan shall be 24 inches by 36 inches, and the final binding site plan shall be recorded on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing. Each sheet shall contain the final binding site plan file number; the section, township and range; and the number of the individual sheet and the total number of sheets in the set. (Ord. C-656 § 57, 2007)
16.06.090 Specific final binding site plan requirements.
A. The final binding site plan shall clearly show the following information:
1. The boundary lines and names of all public and private streets, parks, playgrounds, and easements intended to be dedicated for public use;
2. The boundary lines and names of all public and private, existing or platted, streets, parks, playgrounds, and easements adjacent to the final binding site plan, including municipal boundaries, township lines, and section lines;
3. The lengths and bearings of all straight lines, curve radii, arcs and semi-tangents of all curves;
4. The size of each lot and all dimensions along the boundary lines of each lot, with the true bearings and also any other data necessary for the location of any lot lines in the field;
5. Suitable primary control points, approved by the City Engineer or Public Works Director, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the binding site plan shall be referred;
6. The location of all permanent monuments;
7. The names of all subdivisions immediately adjacent thereto;
8. The date, true north point, scale, datum plane and date of survey;
9. The boundary of the tract, with courses and distances marked thereon, as determined by a field survey made by a registered land surveyor and to close with an error of not more than one foot in 4,000 feet;
10. The elevations of all corners on the boundaries of the subdivided tract, as required by this title and shall be similarly referenced;
11. Street names and addresses;
12. Certification by licensed land surveyor that the final binding site plan was surveyed and prepared by him or under his/her supervision, that the binding site plan is a true and correct representation of the subject property, and that permanent control monuments have been established at each and every controlling corner of each parcel of land being created;
13. A notarized certification by the owner(s) shall be provided dedicating streets, other areas intended for public use, granting of easements for utilities, and responsibility for maintenance of private roads and common areas;
14. All signatures affixed to a final short plat shall be original signatures written in permanent black ink. The following signatures are required on the final binding site plan:
a. Owner;
b. Director;
c. City Engineer;
d. Spokane County treasurer;
e. Spokane County auditor;
f. Spokane Regional Health District, if on-site sewage disposal is utilized;
15. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth;
16. The scale of the final binding site plan shall be a minimum of 100 feet to the inch;
17. If the binding site plan constitutes a replat, the lots, blocks, streets, etc., of the original platted areas shall be shown by dotted lines in their proper positions in relation to the new arrangement of the binding site plan, the new binding site plan being so clearly shown in solid lines as to avoid any ambiguity.
B. The final binding site plan shall be accompanied by other sheets showing all utility grades, and based on a datum plane approved by the Public Works Director. (Ord. C-656 § 58, 2007)
16.06.100 Record of survey.
A record of survey may be filed subsequent to the recording of a final binding site plan to establish lots within the boundaries of the final binding site plan. The record of survey shall be reviewed and approved, usually within 20 days, by the Director prior to its recordation. The following information shall be provided on the record of survey:
A. The survey shall be of a size required by the county auditor. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets.
B. The binding site plan file number shall be referenced.
C. The scale shall be 50 or 100 feet to the inch. If approved by the Director, an appropriate scale may be used which does not exceed one inch equals 200 feet, provided a one-inch-equals-400-feet reduced copy is provided.
D. A distinct-wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey.
E. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey.
F. The location and widths of streets, alleys, rights-of-way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown.
G. Street names shall be shown.
H. Street addresses of each lot shall be shown.
I. Restrictions required as conditions of preliminary approval shall be shown.
J. Appropriate utility easements shall be shown.
K. Certification of the licensed professional land surveyor.
L. The following signatures are required on the record of survey:
1. Director;
2. Property owner.
M. Illustrate any existing buildings located on the lot which is being created. (Ord. C-656 § 59, 2007)
16.06.110 Dedication, acknowledgment and endorsement.
The legal description of the binding site plan or record of survey, licensed surveyor and owner certifications, and required signature blocks shall appear on the final binding site plan or record of survey, lettered in ink either by hand or mechanical device, in accordance with the format provided by the City. (Ord. C-656 § 60, 2007)
16.06.120 Recording of final binding site plans.
Following approval of the final binding site plan or record of survey by the Director, the applicant shall record the original reproducible final binding site plan or record of survey with the auditor. The Director shall be notified of such filing by the applicant within five days of recording. (Ord. C-656 § 61, 2007)