Chapter 17.20
BINDING SITE PLAN – APPROVAL
Sections:
17.20.035 Pre-application conference.
17.20.040 Defining binding site plan.
17.20.050 Lots created by binding site plan.
17.20.055 Eligible developments.
17.20.010 Purpose.
The purpose of this chapter is to accommodate the division of land for the purpose of sale, lease, or transfer of commercial or industrial lots, tracts, or parcels, including subdivisions for condominiums and mobile home parks, as provided by Chapter 58.17 RCW, using a procedure other than subdivisions or short subdivisions. [Ord. 428 § 16.20.010, 1998]
17.20.020 Authority.
The Washington Legislature authorized this optional method of dividing property in RCW 58.17.035. [Ord. 428 § 16.20.020, 1998]
17.20.030 Applicability.
Every division of land located within a commercial (C), or industrial (I) zoning district or approved mobile home park or condominium, for the purpose of sale, lease, or transfer into two or more lots, parcels, or tracts in the town of Concrete must proceed in compliance with this chapter, unless the division(s) of land is processed in conformance with the provisions of Chapter 17.08 CMC (Subdivisions), or Chapter 17.12 CMC (Short Plats). [Ord. 428 § 16.20.030, 1998]
17.20.035 Pre-application conference.
(1) An applicant or the town planning director may request a pre-application conference between the applicant and the planning director before submitting or accepting an application to discuss requirements and the review process.
(2) If an applicant requests consolidated permit processing, a pre-application conference is required. [Ord. 428 § 16.20.035, 1998]
17.20.040 Defining binding site plan.
(1) A “binding site plan” is a drawing which:
(a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, and open spaces;
(b) Contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and
(c) Contains provisions that require any development to be in conformity with the site plan. [Ord. 428 § 16.20.040, 1998]
17.20.045 Procedure.
The procedure, process, appeal provisions, standards and criteria for approval of a binding site plan shall be that set forth for subdivisions pursuant to Chapter 17.08 CMC and the applicable provisions of CMC Title 19, and Chapter 12.04 CMC. [Ord. 428 § 16.20.045, 1998]
17.20.050 Lots created by binding site plan.
(1) The binding site plan will be filed with the county auditor with a record of survey, after approval.
(2) Lots created through the binding site plan procedure will be legal lots of record.
(3) All provisions, conditions, and requirements of the binding site plan will be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.
(4) Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan approval that does not conform to the requirements of the binding site plan or without binding site plan approval will be considered a violation of this title and will be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW. [Ord. 428 § 16.20.050, 1998]
17.20.055 Eligible developments.
The following types of developments are subject to the provisions of this section:
(1) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land;
(2) A division of land into lots or parcels located within industrial or commercial zones as defined in CMC Title 19;
(3) A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 or 64.34 RCW. [Ord. 428 § 16.20.055, 1998]