Chapter 16.32
BINDING SITE PLANS
Sections:
16.32.020 Conditions and requirements.
16.32.010 Purpose.
The purpose of this chapter is to establish procedures regulating binding site plans to provide an optional alternative procedure for the orderly and efficient division of land into lots, tracts, or parcels as provided in RCW 58.17.040(4), (5) or (7), and to substantially comply with the provisions of RCW 58.17.035 and 040. The procedures specified herein are available in addition to other methods for subdividing land and use of the procedure is optional, however the binding site plan shall be the required method of development for mobile home and R.V. parks. The binding site plan procedures of this ordinance shall have principal application to commercial and industrial parks and mobile home and R.V. parks. (Ord. 98-570 § 8.01, 1998)
16.32.020 Conditions and requirements.
A. General Conditions and Requirements.
1. Binding site plans shall be filed for the record in the county auditor’s office.
2. When a commercial or industrial binding site plan authorizes a sale or transfer of a lot, parcel, or tract, the binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract. The sale or transfer of such lot, parcel, or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17. The sale or other transfer of ownership of a lot, parcel, or tract of a commercial or industrial binding site plan shall be filed for record in the county auditor’s office.
3. Recreational vehicle park or mobile home binding site plans shall not authorize the sale or transfer of ownership of a lot, parcel, or tract of the binding site plan.
4. Alteration of an approved binding site plan shall be processed subject to all the procedures and requirements Chapter 16.24 of this title.
5. A binding site plan may be vacated in conformance with the procedures of Chapter 58.11 RCW.
6. The binding site plan shall make adequate provisions for roads, streets, alleys, the extension of municipal utilities (sewer and water), drainage ways, other public ways, or other municipal improvements as deemed necessary by the city at the time of the binding site plan approval. Improvements shall meet the standards of the city development standards manual.
7. The binding site plan shall have adequate access to an existing dedicated street. There shall be adequate access to all parcels, lots, or tracts. Private streets shall have direct access onto a dedicated street.
8. The binding site plan shall comply with all zoning and health regulations.
9. The binding site plan shall be consistent with the city’s comprehensive plan.
10. Environmental information shall be subject to review under the State Environmental Policy Act of 1971, as amended. A SEPA checklist is a part of and must accompany the binding site plan application.
(Ord. 98-570 § 8.02, 1998)
16.32.030 Procedures.
Application and approval procedures for binding site plans shall be the same as for plats, as specified in Chapters 16.16 and 16.20 of this title. In addition, the final binding site plan shall contain the legal description of the subdivision and the following dedication, acknowledgment, and endorsement statements shall appear in the following sequence in black permanent ink:
Legal Description
________________________________________________________
Declaration:
The owner(s) of the land herein described is/are _________________. The owner does hereby establish a Binding Site Plan pursuant to RCW Chapter 58.17.040(4), (5) or (7), and Section ________ of the Pateros Municipal Code and that the undersigned declares that development of the property herein described shall conform to all inscriptions contained hereon.
(Ord. 98-570 § 8.03, 1998)