Chapter 16.18
BINDING SITE PLANS
Sections:
16.18.060 Preliminary approval process.
16.18.080 Design and improvement requirements.
16.18.090 Final approval expiration – Filing.
16.18.100 Improvement agreement – Surety and bonding.
16.18.130 Alteration of a binding site plan.
16.18.140 Application and fees.
16.18.010 Purpose.
The purpose of this chapter is to create an alternative method of land division when dividing property for the purpose of sale, lease or transfer for commercially and industrially zoned property, condominiums and mobile home parks. The Washington State Legislature authorized the binding site plan method of dividing property in RCW 58.17.035 as an alternative to the subdivision or short subdivision process. (Ord. 01-04 § 2, 2001)
16.18.020 Applicability.
A. The binding site plan process to divide property for the purpose of sale, lease or transfer of ownership as an alternative method of land division is available to:
1. The division of land into two or more lots, parcels or tracts in a commercial or industrial zoning district;
2. The division of land for lease when no other structure other than mobile homes, manufactured homes, trailers or recreational vehicles are to be placed on the land;
3. The division of land for condominium purposes into lots or tracts when performed in accordance with Chapters 64.32 and 64.34 RCW and RCW 58.17.040(7), as the same exists or may hereafter be amended.
B. The site that is subject to the binding site plan shall consist of one or more contiguous lots.
C. The site that is subject to the binding site plan may be reviewed independently for developed sites, concurrently with or subsequent to a site development permit application for undeveloped land or concurrently with or subsequent to a building permit application.
D. The binding site plan process creates or alters lot lines and does not authorize improvements or changes to the property or the uses thereon. (Ord. 01-04 § 2, 2001)
16.18.030 Definitions.
Repealed by Ord. 22-08. (Ord. 01-04 § 2, 2001)
16.18.040 Application.
A proposed binding site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a fully completed application is filed with the department. In addition to the requirements for a completed application set forth in EWMC 19.02.020, as the same exists now or may hereafter be amended, an applicant for a binding site plan shall comply with and submit the following:
A. A completed binding site plan application on forms provided by the department, signed by all property owners, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to Chapter 43.21 RCW, SEPA as implemented by Chapter 197-11 WAC; EWMC Title 18, Environment; EWMC Title 17, Zoning; EWMC Title 16, Subdivisions; EWMC Title 15, Buildings and Construction, EWMC Title 19, Administration of Development Regulations; the city of East Wenatchee shoreline master program; Chelan-Douglas health district regulations; and the city of East Wenatchee comprehensive plan.
B. Site Plan. The application shall be accompanied by 12 copies of a site plan or map. The site plan or map shall be a neat and accurate drawing at a scale of not less than one-inch for each one hundred feet on a sheet or sheets measuring 18 by 24 inches along with one copy at a reduced size of 11 by 17 inches. At a minimum, the site plan or map shall include:
1. A perimeter boundary survey of the property prepared by a registered land surveyor;
2. A complete legal description of the entire area included in the binding site plan;
3. Identification of all owners and others holding interests in the property;
4. The boundary lines and dimensions thereof of the proposed lots;
5. Existing topographic contours detailed to five-foot contours;
6. Locations, names and widths of existing streets which provide access to the subject property or parcels and any other rights-of-way or easements;
7. Important features and water bodies and drainage features (both natural and manmade) within or adjacent to the binding site plan;
8. The layout and dimensions of proposed interior streets, pedestrian circulation system, and easements. Identification of the intended use of all easements;
9. The boundaries of all parcels dedicated or reserved for public or community use;
10. Location and size of proposed water distribution systems, sanitary sewage and stormwater collection systems, and the points of connection of each lot to existing services;
11. Delineation of the 100-year floodplain or other critical areas when present;
12. All existing and proposed buildings and structural improvements;
13. Drainage channels and the general direction of flow of water;
14. A grading plan, prepared by a registered civil engineer licensed in the state of Washington and qualified by experience and education in the preparation of grading plans showing proposed clearing and tree retention and the proposed topography detailed to two-foot contours, said grading plan shall be accompanied by a grading report covering the scope of the grading plan elements as identified in the Uniform Building Code, Appendix A, as the same now exists or may be hereafter amended;
15. A detailed phasing plan and time schedule, if the site is intended to be developed in phases;
16. Owners of adjacent land and the names of any adjacent subdivisions;
17. A certificate giving full and complete description of the lands divided as they appear on the binding site plan, including a statement that the binding site plan has been made with free consent and in accordance with the desires of the owner(s). If the binding site plan includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, and individual(s), religious society or societies or to any corporation, public or private, as shown on the binding site plan and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of the road. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the binding site plan property. Any dedication, donation, or grant as shown on the face of the plat shall be considered to all intents and purposes as a quit claim deed to the donee(s), grantee(s) for his, her or their use for the purpose intended by the donors or grantors as aforesaid.
C. Storm Drainage Plan. A storm drainage plan for surface water flows entering, flowing within, and leaving the subject property. Said plan shall be prepared by a registered civil engineer licensed by the state of Washington and qualified by experience and education in the field of hydraulics, hydrology, or a closely related field. Storm drainage plans shall be reviewed and approved by the city prior to final approval of the binding site plan or construction of required improvements. Said plan shall evaluate surface water flows which accommodate the maximum proposed square footage of impervious surface and the maximum proposed square footage of impervious surface exposed to vehicular use. The design storm for the drainage plan shall be the 100-year storm (two inches of water in a 90-minute period) using the Soil Conservation Service TR-55 method or other appropriate models, as approved by the administrator, as the same exist now or may hereafter be amended.
D. Traffic Analysis. Traffic access and impact studies in a form acceptable to the city engineer, prepared by a registered civil engineer licensed in the state of Washington and qualified by experience and education in the preparation of traffic studies and planning. The scope and level of detail shall be coordinated with the city engineer. Said traffic study shall incorporate and be concurrent with the transportation element of the city’s current comprehensive plan.
E. Proposed Development Restrictions/Agreements. A copy of all restrictive covenants, easements, maintenance agreements or other documents regarding mutual use and maintenance of internal systems, land, or facilities.
F. A completed environmental checklist. (Ord. 01-04 § 2, 2001)
16.18.050 Adequacy and distribution of plans.
Repealed by Ord. 22-08. (Ord. 01-04 § 2, 2001)
16.18.060 Preliminary approval process.
Pursuant to EWMC Title 19, binding site plans are classified as Type II actions. The administrator shall approve, disapprove, or return for modification all binding site plan applications within 120 days of receipt of a complete application. The administrator shall immediately notify the applicant in writing of the action taken. Any decision made by the administrator on a proposed binding site plan shall be based on the following considerations and supported by appropriate findings and conclusions:
A. The public use and interest will be served by the approval of the binding site plan.
B. The proposed site plan is in conformance with the East Wenatchee zoning ordinance, the applicable comprehensive plan and other land use regulations and official plans as appropriate.
C. That the factors listed in RCW 58.17.110 have been satisfied, as it now exists or may hereafter be amended, including that appropriate provisions have been made for, but are not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 01-04 § 2, 2001)
16.18.070 Standard format.
A. Prior to the binding site plan being approved, it shall be revised to accurately reflect all required improvements and shall include all applicable inscriptions deemed necessary by the administrator setting forth the limitations and conditions for the use of the land.
B. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a registered land surveyor. Every binding site plan shall consist of one or more sheets, 18 by 24 inches, clearly and legibly drawn on stable base mylar, or equivalent material. All drawings, lettering and signatures on the binding site plan shall be made in permanent black ink. A line shall be drawn around the sheet leaving a blank margin of two inches on the left side, to allow for binding, and one inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly and in no case shall be smaller than one inch equals 100 feet nor greater than one inch equals 50 feet.
C. Each sheet of the binding site plan shall contain the applicant’s name, the binding site plan number assigned by the administrator, the date, a graphic scale, and a north arrow.
D. Each binding site plan map shall include:
1. All section, township, municipal and county lines lying within or adjacent to the site plan.
2. The location of all monuments or other evidence used as ties to establish site plan boundaries. Survey notes, orientation and permanent control monuments shall be in compliance with EWMC 16.16.350, 16.16.360 and 16.16.370.
3. The length and bearings involved, street, road lines; the radii, arcs, areas, and semi-tangents of all curves. Street profiles showing the grade of the street.
4. Boundaries (and interior lot lines) of the binding site plan with complete bearings and linear dimensions.
5. The location, width, centerline, name or number of all streets, and roads within or adjoining a binding a site plan.
6. The location and width, shown with broken lines, and a description of all easements.
7. Address numbers assigned to all lots within the binding site plan.
8. All existing structures within the binding site plan.
9. Delineation of the floodplain when present together with the elevation cross sections, if available, established by the Federal Emergency Management Agency.
10. In addition to the map or maps, every final binding site plan shall contain written data including:
a. The name of the project (if any);
b. Legal description of the land contained within the binding site plan;
c. Parcel number(s) assigned by the Douglas County assessor to the original parcel of land contained within the binding site plan;
d. The certificate of the registered land surveyor who made or under whose supervision was made the perimeter survey of the binding site plan, in substantially the following form:
I, _______, registered as a Land Surveyor by the State of Washington, certify that this binding site plan is based on an actual survey of the land described herein, conducted by me or under my supervision, that the distances, courses and angles are shown thereon correctly; and that the monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the Binding Site Plan.
e. A signature line for approval by the East Wenatchee community development director, street superintendent, and city engineer;
f. A statement of approval signed by the county health officer as to the design and/or construction of sanitary sewage disposal systems and public water supply systems proposed in the subdivision; provided, however, that no such statement shall be deemed a guarantee of acceptability of individual septic tank systems contemplated for use within the binding site plan;
g. A space for the treasurer’s office to certify that taxes are current and if required, advance taxes paid. The treasurer’s certificate should be in substantially the following form:
TREASURER’S CERTIFICATE
I hereby certify that all taxes and assessments which have been levied and become chargeable against the above described property for 20___ and preceding years have been duly paid, satisfied and discharged in the amount of _______, and have been deposited with the Douglas County Treasurer this ___ day of _______, 20___.
h. A certificate bearing the identity of all owners of the land within the binding site plan, signed by said owners and acknowledged by them before a notary public consenting to the binding site plan of said land and dedicating all lands shown on the plat to be depicted for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. All signatures shall be made in permanent black ink;
i. The binding site plan shall set forth limitations and conditions, including irrevocable dedications of property and contain a provision that any development of the site shall be in conformity with the approved binding site plan and applicable local land use plans and regulations.
E. A current title insurance certificate (dated not more than 30 days prior to the recording date of the binding site plan) issued by a title company, confirming that title of the land in the proposed binding site plan is vested in the name(s) of the owner(s) who appear on the certificate. All owners of land within the boundary of the binding site plan shall sign the final binding site plan map. (Ord. 01-04 § 2, 2001)
16.18.080 Design and improvement requirements.
All required improvements in a binding site plan shall be designed and completed in accordance with the standards in Chapter 16.20 EWMC and shall include, at a minimum:
A. Adequate potable water supply;
B. Adequate sewage disposal;
C. Appropriate and adequate storm drainage facilities;
D. Adequate water supply and fire hydrants for fire protection;
E. Adequate, ingress and egress to all lots within the binding site plan;
F. Provisions for all necessary dedications and/or easements.
Prior to final approval of the binding site plan by the administrator, the applicant shall either install all required improvements and repair any existing streets or other facilities damaged in the development of the binding site plan or provide a developer agreement and surety as provided for in EWMC 16.18.100, as the same exists now or my be hereafter amended. (Ord. 01-04 § 2, 2001)
16.18.090 Final approval expiration – Filing.
A. A final plat meeting all requirements of this title shall be submitted to the administrator for approval within five years of the date of preliminary approval. An applicant who files a written request with the administrator at least 30 days before the expiration of the five-year period may be granted one one-year extension upon a finding by the administrator that the applicant has attempted in good faith to submit the final plat within the five-year period.
B. Five paper copies (blue lines) of the final binding site plan shall be submitted to the administrator containing all elements, certificates, and signatures required in EWMC 16.18.070. The administrator shall distribute said copies to the city engineer, applicable utility purveyors, and the Chelan-Douglas health district for review and approval. Upon approval of the paper copies, the applicant shall submit the final mylar drawing of the binding site plan for approval. The administrator shall obtain the signatures of the city engineer, the Chelan-Douglas health district and affix his/her signature of approval and shall transmit the original site plan and two copies thereof together with the appropriate recording fee paid by the applicant to the county auditor for filing. Any failure to record a final plat within the time limits specified in EWMC 16.18.090(A) shall terminate all proceedings and the application shall be considered denied and all preliminary approvals shall be considered void. (Ord. 01-04 § 2, 2001)
16.18.100 Improvement agreement – Surety and bonding.
A. Improvement Agreement. Prior to final approval of the binding site plan, the applicant shall either install all required improvements and repair any existing streets or other facilities damaged in the development of the binding site plan or execute and file an agreement with the city specifying the period acceptable to the administrator within which he/she shall complete all required improvement work to the satisfaction of the administrator, and set all monuments and lot corner markers to the satisfaction of the city engineer. If he/she shall fail to complete such work within such period the city may complete the same and recover the full cost and expense thereof from the applicant or his/her security. The agreement shall also provide for inspection of all improvements by the city. Such agreement may also provide:
1. For the construction of the improvements in phases;
2. For the extension of time under conditions specified therein;
3. For the termination of the agreement upon the completion of the construction of improvements deemed by the city engineer and administrator to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the applicant;
4. For progress payments to the applicant for any deposit money which the applicant may have made in lieu of providing a security bond as provided in EWMC 16.24.090; provided, however, that no such progress payments shall be made for more than 90 percent of the value of any installment of work, and provided that each installment of work shall be completed to the satisfaction of the city engineer and administrator.
B. Surety. The applicant shall file with the improvement agreement required in EWMC 16.18.100(A) a performance bond in an amount deemed sufficient by the administrator to cover 150 percent of the estimated costs of such improvements and to cover the estimated costs of setting monuments and lot corner markers that are to be set after the improvements are completed. The estimated cost shall be provided by the applicant’s engineer and shall be approved by the city engineer. Such bond shall be by a security company authorized to transact a security business in the state and shall be on a form approved by the administrator. In lieu of a performance bond, the applicant may deposit with the city treasurer, cash bonds, savings deposit books, certificates of deposit, or other security, all in forms acceptable to the administrator and in an amount approved by the city engineer.
C. Forfeiture of Security. In the event the applicant fails to complete all improvement work in accordance with the provisions of this title and the improvement agreement, and the city shall have to complete the same, the city shall call upon the security for reimbursement or shall appropriate, from any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit shall exceed all costs and expenses incurred by the city it shall release the remainder of such bond or cash deposit and if the amount of the security bond or cash deposit is less than the cost and expense incurred by the city the applicant shall be liable to the city for such difference.
No progress payments from such deposit or release of security bond or cash deposit shall be made except upon certification of the city engineer and administrator that work covered thereby has been satisfactorily completed and approved by the administrator. (Ord. 01-04 § 2, 2001)
16.18.110 Authorization.
A. Preliminary approval by the administrator pursuant to EWMC 16.18.060 shall constitute authorization for the applicant to develop the required improvements and facilities in accordance with the standards established by this chapter and to undertake the survey of the binding site plan, prescribed in EWMC 16.18.070.
B. Upon final approval and recording of the binding site plan, lots, parcels or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest in any lot, parcel, or tract created pursuant to the binding site plan.
C. No person shall sell, transfer or lease any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval. (Ord. 01-04 § 2, 2001)
16.18.120 Appeals.
Any decision of the administrator may be appealed as provided for in Chapter 19.07 EWMC. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 01-04 § 2, 2001)
16.18.130 Alteration of a binding site plan.
Any person desiring to alter an approved binding site plan shall file a complete application containing the information required by this chapter, on a form provided by the administrator. A binding site plan may be altered or vacated in whole or part by recording an altered plan in accordance with the following provisions:
A. The altered site plan must comply with the procedures and requirements for the original binding site plan approval.
B. The title of the altered site plan shall be: “Binding Site Plan Number ______ – Alteration of Binding Site Plan Number ______.”
C. The altered site plan shall show all of the land shown on the original binding site plan, all former lot lines as dash lines, new lot lines as solid lines, and shall bear the acknowledged signatures of current fee simple owners of the affected lots within the binding site plan. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 01-04 § 2, 2001)
16.18.140 Application and fees.
A. Preliminary Approval. Any person desiring to subdivide land using the binding site plan process shall complete an application and file it with the administrator. At the time the applicant files an application with the administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount of the nonrefundable filing fee for preliminary approval by resolution. The city will not grant preliminary approval unless the applicant has submitted a completed application and paid the nonrefundable filing fee.
B. Final Approval. Any person desiring final approval to subdivide land using the binding site plan process shall complete an application and file it with the administrator. At the time the applicant files an application with the administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount of the nonrefundable filing fee for final approval by resolution. The city will not grant final approval unless the applicant has submitted a completed application and paid the nonrefundable filing fee.
C. Alteration. Any person desiring to alter an approved binding site plan shall complete an application and file it with the administrator. At the time the applicant files an application for an alteration with the administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount of the nonrefundable filing fee for an alteration by resolution. The city will not grant approval for an alteration unless the applicant has submitted a completed application and paid the nonrefundable filing fee. In addition, the applicant shall pay for the preparation of a revised mylar.
D. Vacation of a Binding Site Plan. Except for the payment of the actual cost of engineering fees incurred by the city and except for the recording fees incurred by the city, there is no fee for vacation of a binding site plan.
E. Engineering Fees. In addition to the fees expressly provided in this section, the applicant shall reimburse the city for the actual costs the city incurs for engineering fees in processing an application. The applicant shall become obligated to pay and shall reimburse the city for these engineering fees as the city incurs them. The city will not grant final approval of the binding site plan until the applicant has paid for all the engineering fees incurred by the city.
F. Recording Fees. The applicant shall be responsible for the payment of all recording fees charged by the Douglas County auditor. (Ord. 07-11 § 8, 2007; Ord. 01-04 § 2, 2001)