Chapter 21.80 BINDING SITE PLANS

It is provided that, as an alternative to subdivision or short subdivision requirements under this title, and as allowed by Chapter 58.17 RCW, divisions of land may be completed by binding site plans for classes of property specified in OHMC 21.80.020(1) through (3). (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010).

21.80.020 Division of property.

Division of property by binding site plans may only be used for the following:

(1) Divisions of land into lots classified for industrial or commercial use;

(2) 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 so long as the site plan complies with all applicable mobile home park regulations and the zoning code;

(3) A division of land subject to Chapters 64.32 and 64.34 RCW as now in effect or hereafter amended so long as the site plan complies with the standards for condominium division under OHMC 21.80.120. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010).

21.80.025 Condominium binding site plan.

Divisions of land into lots or tracts are allowed if:

(1) A binding site plan may be used to divide property without proceeding through division by subdivision or short subdivision when the land or a portion of it is subject to either Chapter 64.32 or 64.34 RCW when the following conditions are met:

(a) The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;

(b) The city has approved a binding site plan for all such land;

(d) The binding site plan contains thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(2) The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW.

(3) The binding site plan for condominiums shall be deemed approved if:

(a) Done in connection with the final approval of a subdivision plan or planned unit development with respect to all of such lands;

(b) Done in connection with the issuance of a building permit or final certificate of occupancy. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010).

21.80.030 Effect.

Upon approval and recording of a binding site plan, any and all sale or leases of lots within the property covered by the site plan shall be in accordance with the binding site plan. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. Such lot lines as are shown on the binding site plan shall be lot lines for setback purposes under the zoning code in effect at the time the issue of setbacks is to be determined. A binding site plan does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the binding site plan. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010).

21.80.035 Site plan review required.

A site plan pursuant to Chapter 19.48 OHMC is required for every lot created under this chapter. (Ord. 1657 § 1, 2014).

21.80.040 Application.

An application for a binding site plan shall be submitted on a form prescribed by the director and shall include all other requirements as specified in this chapter. A binding site plan application may be processed concurrent with, or separate from, a site plan review application processed under Chapter 19.48 OHMC. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010).

21.80.050 Requirements for a binding site plan map.

The applicant shall submit two exact duplicate binding site plan maps meeting the following requirements. The recorded binding site plan shall be drawn on mylar drafting film having dimensions of 24 inches by 36 inches and must include the following:

(1) The name of the binding site plan;

(2) Legal description of the entire parcel;

(3) The date, scale and north arrow;

(4) Boundary lines, right-of-way for streets, easements and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(5) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

(6) Number of each lot and each block;

(7) Reference to covenants, joint use, access easements, or other agreements to be filed separately must be referenced on the binding site plan;

(8) Location, dimensions and purpose of any easements, noting if the easements are private or public;

(9) Location and description of monuments and all lot corners set and found;

(10) Datum elevations and primary control points approved by the engineering department. Descriptions and ties to all control points shall be shown with dimensions, angles, and bearings;

(11) A dedicatory statement acknowledging public and private dedications and grants;

(12) Utilities; and

(13) Other restrictions and requirements as deemed necessary by the city.

The binding site plan map shall be on a separate sheet(s) from the site plan processed under Chapter 19.48 OHMC. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.060).

21.80.060 Certifications required.

(1) A certificate is required giving a full and correct description of all lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in accordance with the desires of the owners. If the binding site plan is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, to an individual or individuals, 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 or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land divided and recorded as part of the final binding site plan.

(2) A certification by a licensed surveyor is required, licensed in the state, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.070).

21.80.070 Title report.

All binding site plans shall be accompanied by a title company certification (current within 30 days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan is in the name of the owner(s) signing the binding site plan. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.080).

21.80.080 Approval procedure.

(1) Binding site plan approval shall be a Type II review process.

(2) The director shall review the application and circulate it to other city departments to determine whether the requirements of this chapter have been met.

(3) If the director and city engineer determine that the requirements are met, they shall approve and sign the binding site plan.

(4) If either the director or the city engineer determine that the requirements have not been met, the binding site plan shall be returned to the applicant for modification, correction, or other action as may be required for approval.

(5) If the conditions have been met, the director and city engineer shall inscribe and execute their written approval on the face of the binding site plan. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.100).

21.80.090 Recording requirements.

(1) When the city finds that the binding site plan proposed for final approval meets all the conditions of final approval, then the applicant shall take both original mylar binding site plan maps to the Island County auditor. One of the originals of said binding site plan shall be recorded with the Island County auditor. The other will be stamped by the auditor and forthwith returned to Oak Harbor. In addition, the applicant will furnish the city with one paper copy of the mylar recorded by the auditor. In addition, one paper copy shall be furnished by the applicant to the Island County assessor.

(2) The applicant must provide the city with proof of proper filing and recording before the binding site plan becomes valid. This proof shall include a certification by the applicant and the surveyor certifying that the binding site plan has not been altered between the time it was approved for recordation and the time of actual recordation by the Island County auditor. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.110).

21.80.100 Development requirements.

All development must be in conformance with the recorded binding site plan. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.120).

21.80.110 Standards for review of commercial and industrial binding site plans.

The following standards shall apply to commercial and industrial binding site plans:

(1) Division lines between lots in commercial binding site plans shall be considered lot lines under Oak Harbor zoning code.

(2) Each such tract or lot created by such binding site plan shall have one designated front lot line and one rear lot line including those which have no street frontage.

(3) All tracts, parcels and lots created by a binding site plan shall be burdened by an approved maintenance agreement maintaining access to the various lots, tracts and parcels and for the cost of maintaining landscaping, stormwater facilities, and other common areas.

(4) When any lot, tract or parcel is created without 30 feet of street frontage, easements shall be given to the city allowing access for police, fire, public and private utilities along the access roads to each tract, lot or parcel.

(5) If the city elects, the city shall be granted a power to maintain the access easements and file liens on the property for collection of the costs incurred in maintaining such way. The power to maintain such access ways shall impose no duty on the city to maintain the access way.

(6) The binding site plan shall contain a provision that the owner’s failure to keep the fire access lanes open and maintained may subject the property to being abated as a nuisance and the city may terminate occupancy of such properties until the access easement ways are adequately maintained.

(7) Freestanding signage may be off of the tract, parcel or lot where the business is located as long as sign requirements are met within the area encompassed by the binding site plan.

(8) Sufficient parking for each use must be located on the lot where the use is located or joint parking agreements must be recorded by the owners for the area of the binding site plan. Prior to building permit approval, parking agreements will be reviewed by the director.

(9) Landscaping requirements will be met for each phase of the binding site plan. Landscaping requirements may be met for an area of one or more lots as long as a joint maintenance agreement is recorded or included in declaration of covenants.

(10) Each tract, parcel or lot created by the binding site plan shall provide on-site stormwater management consistent with the requirements found in the manual unless stormwater treatment and infiltration may be met for an area of one or more lots as long as a joint maintenance agreement is recorded or included in declaration of covenants. (Ord. 1784 § 98, 2016; Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.130).

21.80.120 Standards for binding site plans for condominium developments regulated by Chapter 64.32 and 64.34 RCW.

Development standards for condominiums including residential units or structures shall meet either the standards set out in subsection (1) or (2) of this section:

(1) All lots and development shall meet the minimum requirements of this title as now in effect or hereafter amended. Phase or lot lines shall be used as lot lines for setback purposes under the zoning code.

(2) Condominiums may be developed in phases where ownership of the property is unitary but all structures may not be completed at the same time or differing lenders finance separate structures or areas of the property. The following conditions shall apply to phased condominiums:

(a) All areas not within the building envelope are subject to joint use and are burdened by a joint obligation to maintain any and all access ways and stormwater facilities. The city shall have no obligation to maintain such access ways.

(b) The city of Oak Harbor shall have an easement for access along and over access ways, common areas, and parking areas to allow police, building, fire and utility department personnel to inspect and observe such property, buildings and activities on the property as well as for providing emergency and law enforcement services and easements for utilities over and under such access ways.

(d) The developer has entered into a development agreement pursuant to Chapter 18.30 OHMC for completion of all phases.

(e) Phase lines must be treated as lot lines for setback purposes under the zoning code unless the property owner will place a covenant on the binding site plan that the setback area for built phases, contained in all unbuilt phases, shall become common areas and owned by the owners of existing units in the built portions of the condominium upon the expiration of the completion schedule described in the development agreement pursuant to Chapter 18.30 OHMC.

(f) All public improvements are guaranteed by bond or other security satisfactory to the city engineer or his designee.

(g) All built phases in a condominium binding site plan shall have joint and several obligation to maintain landscaping through covenants or easements or both to assure that the responsibility is shared among the various owners. (Ord. 1784 § 99, 2016; Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.140).

21.80.130 Performance guarantee requirements.

(1) In lieu of completing the required public improvements prior to approval of the binding site plan, the applicant may request approval, subject to the approval of a suitable guarantee. The guarantee must be in a form acceptable to the city and in an amount commensurate with improvements to be completed. The amount of the guarantee is established at 100 percent of the cost of the city having to construct the improvements plus 20 percent for contingency. The guarantee amount will require yearly review by the city and the applicant will be required to revise the guarantee amount to reflect current inflation rate. Based on the revised amount, the applicant will resubmit suitable guarantee to the city. Also, the guarantee will be restricted as far as the amount of permissible time in which the improvements must be completed. If not a regular surety bond from an acceptable state approved surety, the guarantee must be in a form acceptable to the city attorney.

(2) Guarantee funds will not be released by the city unless approval has been received from all applicable departments that are responsible for acceptance and/or maintenance of such improvements. Partial releases will not be allowed.

(3) All improvements begun by the applicant must be completed. Once the applicant has begun making improvements, the applicant shall not be eligible for submitting a guarantee to the city to cover the incomplete improvements.

(4) Public improvements must be in place at time of certificate of occupancy or acceptable assurances for completion with a temporary certificate of occupancy. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.150).

21.80.140 Warranty requirements for acceptance of final improvements.

At the time of final acceptance of the improvements, the applicant shall provide to the city a one-year warranty guarantee at 10 percent of the established final cost of the public and/or off-site improvements which must be acceptable to the city. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.160).

21.80.150 Survey required.

(1) A survey must be performed for every binding site plan. The survey required must be conducted by or under the supervision of a Washington State registered land surveyor. The surveyor shall certify on the binding site plan that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(2) In all binding site plans, lot corner survey pins must be set before final approval can be granted.

(3) In all binding site plans, perimeter monuments must be set before final approval can be granted.

(4) In all binding site plans, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(5) In all binding site plans, where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.090 and 21.80.170).

21.80.160 Dedication – Warranty deed.

Any dedication, donation or grant to the city as shown on a binding site plan shall be considered a statutory warranty deed to the grantee for the use intended. The binding site plan processes of this chapter shall not be used to create, alter, or eliminate any rights in property arising solely between private owners of property within the binding site plan. All such private dedications, donations or grants shall be separately recorded with the county auditor and reference thereto made on the binding site plan. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.180).

21.80.170 Requirements for modification of binding site plan standards.

(1) As part of the approval of an original binding site plan an applicant may request a modification of up to five percent from a lot dimensional requirement (setbacks, lot size, length, width, or lot coverage) of the applicable zoning standards found in OHMC Title 19 so long as the maximum density allowed in the zone is not exceeded.

(2) Such request for modification shall be submitted by the applicant concurrently with the binding site plan application and considered by the director as a Type I decision.

(3) The modification shall not be granted by the director until the following facts have been established:

(a) There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this chapter;

(b) The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located;

(d) Landscaping requirements are not thereby reduced. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.200).

21.80.180 Alteration or vacation of an approved binding site plan.

The purpose of this section is to provide a process by which changes (alterations or vacations) to a recorded binding site plan may be considered. Changes processed under this section must be related to the land division purposes of a binding site plan. Alteration or vacation of all or a portion of an approved binding site plan may be considered subject to the provisions of this section.

(1) Definitions.

(a) Alteration. For the purposes of this section, an “alteration” is a change to the recorded binding site plan map that is related to or consistent with the land division purposes of this chapter and that generally relates to the items described in OHMC 21.80.050(4), (8), (12) or (13). For binding site plans approved prior to January 7, 2014, alterations may also be considered to the following elements of a binding site plan: zoning setback lines, building envelopes, parking areas, general circulation, landscaping areas, proposed use and location of buildings and loading areas.

(b) Vacation. For the purposes of this section, a “vacation” is the removal of a property(s) from a binding site plan so that the obligations created under the binding site plan no longer apply to that property(s). Vacation may apply to a portion or the entirety of a binding site plan.

(2) Submittal Requirements for Alterations and Vacations.

(a) Application Form. An application shall be submitted on a form provided by the director.

(b) Title Report. All applications to alter or vacate a binding site plan shall be accompanied by a title company certification (current within 30 days from filing of the application) confirming that the title of the lands as described and shown on the application are in the name of the owner(s) signing the application.

(c) Authority to Submit Alteration or Vacation Application. The alteration or vacation application shall contain the signatures of all those owners of lots who are directly affected by the proposed alteration or vacation.

(d) The alteration or vacation application for a binding site plan shall contain all materials required of binding site plan applications as specified in this chapter unless otherwise waived by the director.

(3) Criteria for Review.

(a) The proposed alteration shall meet the requirements of this chapter applicable to the underlying binding site plan.

(b) Any alteration of an approved binding site plan affecting an unexpired development agreement may, in the discretion of the director, invalidate the existing development agreement and require negotiation of a new development agreement pursuant to Chapter 18.30 OHMC. The new development agreement shall vest to the city development regulations in effect at the time the director has determined the application for alteration to be technically complete in accordance with the requirements of Chapter 18.20 OHMC.

(c) The proposed vacation shall not cause the remaining portions of an approved binding site plan to fail to meet the requirements of this chapter. Any nonconformities created by such a vacation must be remedied prior to final approval of the vacation. Property within a binding site plan subject to an approved vacation shall constitute one lot, and the balance of the approved binding site plan shall remain as approved.

(4) Review Process. Applications for alteration or vacation of a binding site plan shall be processed under a review process II according to Chapter 18.20 OHMC. (Ord. 1657 § 1, 2014).

21.80.190 Appeals to the hearing examiner.

(1) An appeal of the decision relating to the binding site plan shall be made to the hearing examiner in accordance with the procedures set out in Chapter 18.40 OHMC.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be the final action. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.300).

21.80.200 Enforcement.

The auditor shall refuse to accept for recording any binding site plan which does not bear the verification of approval as defined by this chapter. The city attorney is authorized to prosecute violation of this chapter and to commence actions to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this chapter. The costs of such action shall be taxed against the violator. (Ord. 1657 § 1, 2014; Ord. 1568 § 10, 2010. Formerly 21.80.400).