Chapter 20.94
BINDING SITE PLANS
Sections:
20.94.030 Application requirements.
20.94.050 Review process – Preliminary approval.
20.94.060 Preliminary binding site plan expiration.
20.94.070 Final binding site plan approval – Recording – Legal effect.
20.94.010 Purpose.
This chapter provides for an optional method for the division of land for the lease or sale of commercial or industrial property, condominiums, and mobile/manufactured home parks through the use of a binding site plan as provided for in Chapter 58.17 RCW. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking.
This method may be employed as an alternative to the subdivision and short subdivision procedures in this subtitle, only when consistent with the provisions of this chapter. (Ord. 019-17 § 18 (Exh. 1)).
20.94.020 Scope.
(1) This chapter shall govern a subdivision of land through the optional binding site process provided for in RCW 58.17.035, or its successor. If approved under this chapter, a division of land authorized by a binding site plan is exempt from the short and long subdivision regulations and processes.
(2) Any person seeking the use of a binding site plan to divide the person’s property for the purpose of sale, lease, or transfer of ownership of commercially or industrially zoned property is required to apply for, complete, and have approved a binding site plan prior to any property division, as provided in Chapter 58.17, 64.32, or 64.34 RCW and as required by this chapter.
(3) The site that is subject to the binding site plan shall consist of one or more contiguous, legally-created lots.
(4) A binding site plan for a condominium shall be based on a building permit, an as-built site plan for developed sites, a master land use permit issued for the entire site, or an approved site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of Chapter 20.88 POMC.
(5) The site that is subject to the binding site plan may be reviewed independently for fully developed sites, or concurrently with a development permit application for undeveloped land.
(6) The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 019-17 § 18 (Exh. 1)).
20.94.030 Application requirements.
The following materials shall be submitted to the city, pursuant to any additional application rules, policies, or procedures issued by the department, in order to constitute a complete application for a binding site plan:
(1) The application shall be submitted on forms to be provided by the department along with the appropriate fees;
(2) A completed master land use permit application form, including all materials required pursuant to Chapter 20.24 POMC;
(3) Commercial, Mixed Use and Industrial Binding Site Plans. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan application for commercial, mixed use, or industrial proposals shall contain the same elements and information as a preliminary plat application, in accordance with Chapter 20.88 POMC;
(4) Binding Site Plan for Residential Condominiums. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform with the requirements of Chapter 64.34 RCW, “The Condominium Act.” The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered land surveyor licensed in the state of Washington. In addition to requirements of Chapter 64.34 RCW, the binding site plan map must include the following:
(a) The name of the condominium project;
(b) Legal description of the entire parcel;
(c) The date, scale, and north arrow;
(d) Boundary lines, rights-of-way for streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements;
(e) 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;
(f) Number of each lot and each block or division;
(g) Location, dimensions and purpose of any easements, noting if the easements are private or public;
(h) Location and description of monuments, boundary corners set, and all lot corners set and found;
(i) Datum elevations and primary control points approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;
(j) Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy intended to be preserved; and the location of the proposed access to the site for clearing and grading during site development and construction;
(k) A dedicatory statement acknowledging public and private dedications and grants; and
(l) Other restrictions, conditions, and requirements as deemed necessary by the city, including all applicable requirements of the engineering design standards. (Ord. 019-17 § 18 (Exh. 1)).
20.94.040 Approval criteria.
(1) Binding site plans shall be approved upon showing compliance with the following:
(a) Applicable city, state, and federal zoning, land use, environmental, and health regulations, policies or plans, including but not limited to:
(i) Port Orchard comprehensive plan;
(ii) This title; and
(iii) City-adopted engineering design standards;
(b) The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Subtitle VIII of this title, Environmental Regulations, and Chapter 43.21C RCW;
(d) Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare;
(e) The binding site plan must not increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction.
(2) Notwithstanding conformance with the criteria provided in subsection (1) of this section, a proposed binding site plan may be denied because of flood, inundation, or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 20.170 POMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with Chapter 20.170 POMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved. (Ord. 019-17 § 18 (Exh. 1)).
20.94.050 Review process – Preliminary approval.
(1) Process Type. General and final binding site plans are Type II applications; such applications shall be processed in accordance with procedures set forth for said decision type in Chapter 20.22 POMC.
(2) Additional Review. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, and the Washington State Department of Transportation if the proposal is adjacent to a state highway.
(3) Decision – Written Findings. Based upon comments from city departments and applicable agencies, and other information, the director shall review the proposal subject to the criteria of POMC 20.94.040 and either approve, approve with conditions, or deny a binding site plan. A proposed binding site plan shall only be approved when consistent with all provisions of POMC 20.94.040. The director shall make written findings and conclusions documenting compliance with all approval criteria of POMC 20.94.040. The decision of the director shall be final.
(4) Preliminary Approval. A binding site plan shall be granted preliminary approval, only, until all improvements are installed, or the city has received adequate guarantees or assurances of future installation of improvements pursuant to the city’s engineering design standards, prior to expiration of the preliminary plat pursuant to Chapter 20.88 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.94.060 Preliminary binding site plan expiration.
(1) A preliminary binding site plan shall remain valid if construction is commenced within five years from the date of preliminary approval (by securing a building permit and construction has commenced), or else the preliminary binding site plan shall become null and void, unless an extension has been granted by the city council pursuant to subsection (2) of this section. Projects may be built in phases if preapproved by the director.
(2) The city council by motion may, upon a written request being filed at least 30 calendar days prior to expiration and for good cause, grant a one-time extension of a preliminary binding site plan not to exceed one year. (Ord. 019-17 § 18 (Exh. 1)).
20.94.070 Final binding site plan approval – Recording – Legal effect.
Upon satisfying all conditions of approval, if any, and satisfying all requirements of the city’s engineering design standards for the installation of all improvements, the director shall administratively approve the final binding site plan for recording with the Kitsap County assessor, pursuant to the requirements of this section.
(1) For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Kitsap County assessor of the condominium CC&Rs.
(2) The final binding site plan shall:
(a) Conform with all requirements of Chapter 20.90 POMC, Subdivisions – Final Plats, as applicable;
(b) 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 final binding site plan; and
(c) Contain any and all additional information as set forth in an official submittal checklist signed by the director.
(3) Prior to recording, the approved final binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor.
(4) Lots, parcels, or tracts created and recorded through the binding site plan procedure of this chapter 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 of any lot, parcel, or tract created pursuant to the final binding site plan.
(5) No person shall sell, transfer, or lease any lot, tract, or parcel created pursuant to the final binding site plan that does not conform to the requirements of the final binding site plan. (Ord. 019-17 § 18 (Exh. 1)).
20.94.080 Alterations.
(1) Any alteration of an approved preliminary or final binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter.
(2) Changes to a building permit, subdivision, short subdivision, or other applicable land use permit within an approved preliminary or final binding site plan area shall also require an alteration of the binding site plan to correspond with said changes, unless the director determines that such changes are consistent with the approved binding site plan. (Ord. 019-17 § 18 (Exh. 1)).
20.94.090 Vacations.
(1) Vacation of a final binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules, and conditions as required for a new binding site plan application as set forth in this chapter. If a portion of a final binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan.
(2) If a building permit, or other applicable land use permit, within a final binding site plan area expires, then the final binding site plan shall be vacated unless the director determines that the expiration is consistent with the approved final binding site plan. (Ord. 019-17 § 18 (Exh. 1)).
20.94.100 Violation.
Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to an approved binding site plan that does not conform to the requirements of the binding site plan or without receiving 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 RCW. (Ord. 019-17 § 18 (Exh. 1)).