Chapter 18.28
BINDING SITE PLANS
Sections:
18.28.020 Submission requirements – Preliminary design discussions.
18.28.030 Preliminary plan approval.
18.28.040 Final plan approval.
18.28.050 Certifications and dedications.
18.28.060 Building permits – Restrictions upon issuance.
18.28.010 Applicability.
The provisions of the sections contained in this chapter shall apply to divisions of land for the purpose of lease when no residential structures other than mobile homes, travel trailers or accessory, security, or managerial quarters are permitted to be placed upon the land. [Ord. 204 § 18.30.000, 1974.]
18.28.020 Submission requirements – Preliminary design discussions.
A general binding site plan application shall be processed as a Class III action pursuant to the provisions of Chapter 16.01 EMC. The following information shall be used in mandatory preliminary design discussions with City staff.
A. Map of the topography of the site at five-foot contour intervals (based on City datum) and identification of the existing drainage pattern.
B. The plan shall clearly show all existing rights-of-way, easements, utilities, and other existing public improvements.
C. The preliminary plan shall clearly show all parcels of land intended to be dedicated or reserved for public use, proposed public and/or private streets and roadways, proposed utility corridors and proposed open spaces.
Submission requirements listed in subsections A, B, and C of this section shall be included on a single map which shall be prepared by a registered architect, civil engineer, or land surveyor. The horizontal scale ratio of the preliminary site plan shall be no more than 1:2,400 (one inch equals 200 feet). The map shall include the property included in the proposed plan and adjacent lands for a distance of 300 feet. [Ord. 678 § 10, 2008; Ord. 501 § 49, 1996; Ord. 204 § 18.30.010, 1974.]
18.28.030 Preliminary plan approval.
A. The applicant shall submit 10 copies of the preliminary plan which clearly shows all items set forth above. In addition, the following shall be submitted:
1. An accurate and complete legal description with area in acres together with a plat certificate dated within seven days of the preliminary plat submittal. Copies of all deeds and easements referred to in the plat certificate shall be furnished with the submittal;
2. The name, address, and telephone number of the owner and the professional preparing the plan;
3. Calculations of cumulative predevelopment and postdevelopment storm water runoff volumes and proposed methods of controlling post development runoff rates;
4. At least one map at a scale of one inch equals 200 feet depicting items listed in EMC 18.28.020(A), (B), and (C);
5. A completed environmental checklist on the form supplied by the City; and
6. The application fee scheduled in the City’s current master fee schedule adopted by resolution of the City Council.
B. All conditions, requirements, or alterations in the proposed site plan resulting from review of the City Council shall be transmitted, in writing, to the applicant and/or his representative. [Ord. 842 § 2, 2023; Ord. 501 § 50, 1996; Ord. 204 § 18.30.020, 1974.]
18.28.040 Final plan approval.
A. Improvements Required. Prior to granting approval for any building site plan, the Utility Superintendent shall ascertain that the following improvements have been provided or will be provided:
1. City water;
2. Sanitary sewer; and
3. Appropriate dedications or easements as required.
Performance bonds may be accepted in lieu of installation of the required improvements subject to approval of the Department of Public Works.
B. Phased Developments. If the development of the site is to be done in phases, the applicant shall submit a schedule of installation of required improvements to coincide with development phasing. Such improvement schedule is subject to approval of the Utility Superintendent.
C. Street Installation. In the event the principal frontage street providing access to the binding site plan is below the standard for an “existing street” the installation of a street may be required prior to approval. If required, the street shall have a minimum traveled way brought to line and grade of not less than 20 feet of width with four-foot shoulders on each side. The surface shall be at least of asphalt concrete quality and there shall be adequate provision for storm drainage. In addition, the applicant shall be required to sign a commitment to support a local improvement district (LID) for the future installation of a full standard street.
D. The applicant shall submit to the Administrator the final binding site plan, in reproducible form, depicting all improvements required by the City Council. The final plan shall conform to the following technical standards, and shall be prepared by a registered land surveyor.
1. It shall be a plan legibly drawn, printed, or reproduced by a process guaranteeing a permanent record on polyester base film, and shall include all required certificates.
2. The size of each sheet shall be 18 inches by 18 inches (46 centimeters by 46 centimeters). A border line shall be drawn around each sheet, with a blank margin of one inch (or 2.5 centimeters) on each edge. The scale of the plan shall be at least 1:1,200 (one inch equals 100 feet) but not larger than 1:240 (one inch equals 20 feet) and shall show all details accurately and clearly. Sufficient sheets shall be used to accomplish this. The particular number of the sheet and the total number of sheets comprising the plan shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
3. The exterior boundary of the binding site plan shall be indicated by a heavy border.
4. The following shall be shown: north arrows; plat drawing scale, i.e., 1:600 (one inch equals 50 feet) (graphically and feet per inch); (included, if any) with original block and lot numbers.
5. Each binding site plan shall have a distinct name and number assigned by the City.
6. Proper street names, and right-of-way widths and adjacent block lines shall be shown. If street dedications, or additional right-of-way purchases, have been made after the original plat filing date, the Auditor’s file number or deed number shall be shown in the area of the affected street right-of-way. If the binding site plan includes a portion of a vacated street, the City vacation ordinance number shall be shown within the vacated portion of the street.
7. A complete and accurate legal description of the total parcel included within the binding site plan shall be shown. If a metes and bounds description is used, the basis of bearings shall be shown with bearing and distance between them. The area of the total site and of each lot or parcel shall be shown to the nearest square foot on the plan.
8. All easements, whether public or exclusive, which affect the binding site plan shall be shown graphically on the plan.
E. A copy of any and all covenants, limitations and conditions which are drafted in conjunction with, or as a result of a binding site plan, shall accompany the binding site plan and shall become part of it. Covenants, limitations and conditions shall either be shown on the face of the plan, or shall be recorded at the County Auditor’s office with the binding site plan. [Ord. 501 § 51, 1996; Ord. 204 § 18.30.030, 1974.]
18.28.050 Certifications and dedications.
The following certificates and information shall appear on every binding site plan:
A. Land Surveyor Certification.
I hereby certify that this Binding Site Plan was prepared under my direction, and is based upon an actual field survey at the request of [NAME OF OWNER INSERTED HERE] on [DATE OF SURVEY]; that all provisions of applicable state statutes and City ordinances have been complied with, that all the technical data is correctly shown thereon, and that all required monuments and/or parcel corner markers will be set at the designated points shown on the plan prior to issuance of any and all building permits.
[PRINTED NAME OF SURVEYOR.]
P.L.S. Number
[SURVEYOR SEAL AFFIXED HERE]
B. Utility Superintendent.
I hereby certify that this binding site plan has been examined and that all of the requirements and conditions of the City Council have been complied with and that all necessary improvements have been installed or that said improvements have been guaranteed by performance and maintenance bonds.
Utility Superintendent
C. Covenants, Limitations and Conditions.
All parcels within this binding site plan are subject to the restrictive covenants, limitations and conditions as recorded in Whatcom County Auditor’s office, Volume ____, of ______, Page _______.
D. Certifications, Dedications and Copies Required.
1. County Auditor’s Certificates.
I hereby certify that this binding site plan was filed for record in the office of the Auditor of Whatcom County, Washington, at the request of _________ on this ___ day of ________, 20__, in Volume _____ of Short Plats at Page ______, Whatcom County records.
Auditor, Whatcom County, Washington
2. Dedications. All dedications required as part of the binding site plan approval are hereby established regardless of whether they are expressly shown on the face of the recorded binding site plan.
3. Copies Required. In accordance with State law, the requirements of the Everson Municipal Code and in addition to any conditions of approval, the applicant or their representative shall, at no cost to the City, furnish the City with one permanent Mylar original and three blueline prints of the recorded binding site plan within 10 days of the date of recording. [Ord. 678 §§ 12, 13, 2008; Ord. 501 § 52, 1996; Ord. 204 § 18.30.040, 1974.]
18.28.060 Building permits – Restrictions upon issuance.
A. No building permit shall be issued for construction of any kind upon the property in question unless such parcel, tract, or lot was created under the provisions of the section of the subdivision ordinance entitled “Binding Site Plan” and such building permit application is accompanied by a detailed plot plan clearly showing relationship of proposed structure, parking facilities, landscaping and drainage to the parcel lease boundary.
B. It is the responsibility of the building permit applicant to furnish the required information, and to establish the status of the parcel, tract or lot as it pertains to this chapter. [Ord. 204 § 18.30.050, 1974.]