Chapter 24.60
BINDING SITE PLANS
Sections:
24.60.020 Overview of procedures.
24.60.030 Application for binding site plan approval.
24.60.040 Content of binding site plan.
24.60.050 Review procedures for preliminary approval.
24.60.060 Requirements for final approval including design and bonding of improvements.
24.60.090 Recording and enforcement.
24.60.010 Purpose and scope.
A. The purpose of the binding site plan is to establish a procedure of land division in lieu of other provisions of this title. The division of property by the binding site plan process may only be used for the following:
1. The division of land for the purposes of leasing space for manufactured homes, travel trailers, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, or other recreational vehicles so long as the site plan complies with all other applicable regulations; and
2. The division of land involving improvements constructed or to be constructed that will be one or more condominiums or owned by an association or other legal entity.
B. Binding site plans will not be approved unless appropriate provisions and dedications of public rights-of-way, utilities, and easements are made to meet infrastructure provisions per city standards. The city may also require a development agreement governing future development of the property. [Ord. 2024-06 § 1].
24.60.020 Overview of procedures.
A. The general procedures for processing a binding site plan shall consist of the following steps:
1. Submittal of an application for preliminary approval of a binding site plan;
2. Approval by the public works director of appropriate engineering design plans for streets and other public improvements, and either construction of improvements or submittal of a security and improvement agreement in a form approved by the city attorney and executed by the city manager;
3. Approval of the binding site plan by the administrator; and
4. Recording of binding site plan with the Benton County auditor’s office. [Ord. 2024-06 § 1].
24.60.030 Application for binding site plan approval.
Prior to the division of land as allowed per RMC 24.60.010, a binding site plan application shall be filed. The application shall include:
A. A completed application form;
B. The binding site plan prepared by a registered professional land surveyor shall be submitted to the city in a digital PDF format;
C. A plat certificate dated no later than 30 days prior to the date of application showing the name of all parties with an interest in the land being subdivided;
D. Preliminary engineering plans including, but not limited to water, sewer, streetlights, roads, storm drainage and sidewalks;
E. Application fee as required by the city of Richland fee schedule;
F. SEPA checklist; and
G. Any other information deemed necessary by the administrator to demonstrate compliance with requirements of the Richland Municipal Code. [Ord. 2024-06 § 1].
24.60.040 Content of binding site plan.
The binding site plan shall consist of a cover sheet, if necessary, containing approvals, conditions, certificates, and inscriptions; and a scaled drawing(s) representing the parcel to be divided. The cover sheet is necessary only if the binding site plan contains more than one sheet. All sheets shall be drawn in permanent black ink on sheets of paper measuring 18 by 24 inches, and with a two-inch margin on the left edge and a one-inch margin on all other edges. The drawing shall be drawn at an appropriate decimal scale such that it is not cramped or illegible. The cover sheet and drawing shall contain the following:
A. Content of Cover Sheet. The cover sheet shall contain the following information and inscriptions:
1. At the top of the sheet, the title “Binding Site Plan No. (number) of (year)” followed by the name of the proposed binding site plan. If the land to be divided is a portion of a larger property for which a binding site plan has previously been recorded, the name shall be “a portion of....” followed by the name of previously recorded binding site plan;
2. Sufficient data to readily determine and reproduce on the ground the bearing and length of every line described below, for which an exact location is known, with all dimensions shown to the nearest one-hundredth of a foot, curves described by length of arc, radius, and central angle, with all angles and bearings shown in degrees, minutes, and seconds;
3. Location by section, township and range to the nearest quarter section;
4. Abbreviated legal descriptions of all the lots, parcels, or tracts of land within the boundaries of the parcel as they are proposed to be divided at the time of binding site plan approval; and
5. Inscriptions setting forth appropriate limitations and conditions for use of the land; and
6. Certificates, dedications, and approvals as required by the administrator.
B. Content of Binding Site Plan Drawing(s). The binding site plan drawing(s) shall contain the following information:
1. At the top of the sheet, the title and name of the binding site plan as provided in subsection (A)(1) of this section;
2. Location by section, township and range to the nearest quarter section;
3. Scale of drawing, date, and north arrow;
4. Existing topography as provided by a licensed land surveyor of the land indicated by contour lines at two-foot intervals or less and delineating any areas with slopes that are 15 percent or greater;
5. The boundary line of the binding site plan which contains the entire parcel which is to be divided, and the line of all existing buildings, streets, roads, rights-of-way, easements, lots, blocks, tracts, etc., within or adjacent to the property to be divided;
6. The locations of all proposed streets, roads, rights-of-way, easements, etc.;
7. The lines of the lot divisions proposed at the time of binding site plan application;
8. The exact location, width, and name or purpose of existing and proposed streets, roads, alleys, walks, utility, access control, or other easements, driveway accesses onto public streets, open spaces, etc., except that where exact locations and dimensions are not known at the time of binding site plan application, general locations shall be shown and appropriate limitations and conditions shall be referenced to and contained within inscriptions on the binding site plan cover sheet;
9. Sufficient data to readily determine and reproduce on the ground the bearing and length of every line described above, for which an exact location is known, with all dimensions shown to the nearest one-hundredth of a foot, with curves described by length of arc, radius, and central angle, with all angles and bearings shown in degrees, minutes and seconds; and
10. The location of all streams, ponds, wetlands, or other bodies of water, prominent topographic features, sensitive areas, or other significant natural features on the site which affect or might be affected by the division or development of the land including, but not limited to, the location of any existing irrigation facilities, easements, and rights-of-way, canals, wasteways, drainage ways, piping, and artificially created wetlands. [Ord. 2024-06 § 1].
24.60.050 Review procedures for preliminary approval.
A. Referral to City Departments and Divisions. Within 10 working days of the filing of a complete binding site plan application, the administrator will transmit a copy of the binding site plan to the public works department, energy services, fire and emergency services, and the building division of the development services department. Transmittal of the binding site plan shall be under cover of a memorandum scheduling a meeting of the affected departments and divisions within 20 business days following the filing of a complete binding site plan application and shall stipulate the time and place of such meeting.
B. Written Response From Affected Departments. Prior to or at the binding site plan meeting, written comments, recommendations or requirements from the affected departments shall be delivered to the administrator. Failure to provide a written response shall constitute an assumption that the binding site plan is acceptable to the department not responding.
C. Binding Site Plan Meeting. The binding site plan meeting shall convene at the stipulated time and place and shall be attended by affected departments and the applicant and/or representatives of the applicant. The administrator shall serve as moderator of the meeting.
D. Consideration and Action by the Administrator. The administrator, within a period of seven business days from the date of the binding site plan meeting, shall consider all information provided and determine if the application for binding site plan makes adequate provisions for the public health, safety, and welfare, and will be in the best interests of the citizens of the city and in accordance with the design criteria of the Richland Municipal Code. After due consideration of the above, the administrator shall approve, conditionally approve, deny, or return the binding site plan application to the applicant.
E. Return and Resubmission. The administrator may return the application for binding site plan to the applicant without taking action on it when additional information or modifications are required. After an application is resubmitted, the administrator may (1) refer the application to affected city departments and divisions and schedule a second binding site plan meeting according to the procedure previously set forth, or (2) take action on the binding site plan application resubmittal. The administrator shall act to approve, conditionally approve, or deny the application for the binding site plan; however, the administrator may, with the applicant’s consent, return the binding site plan to the applicant without taking action on it. [Ord. 2024-06 § 1].
24.60.060 Requirements for final approval including design and bonding of improvements.
A. Prior to affixing of a signature of approval on the binding site plan by the administrator, the applicant shall, upon the decision of the public works director, either have included specific conditions on the face of the binding site plan with regard to the timing of bonding or construction of public infrastructure improvements within the proposed rights-of-way or easement areas, or have prepared and submitted to the public works director, and the public works director shall have approved, detailed engineering and design plans for any required streets, utility systems, storm drainage systems, and streetlighting systems, or other required improvements in accordance with the applicable specifications and standards of the city and other involved utility agencies, irrigation districts or irrigation purveyors. Irrigation system designs, site grading, and other such designs or plans that may be required by law, or that were specifically required as conditions of binding site plan approval, shall be submitted concurrently for the public works director’s review and approval. Furthermore, bonding or other legally sufficient assurances of installation of required improvements shall be provided as required in RMC 24.50.110 related to subdivision procedures. Following the affixing of all required signatures, the binding site plan shall be filed for record in the Benton County auditor’s office.
B. When binding site plans are approved in areas where a master plan including preliminary engineering has been reviewed and approved by all departments and the Richland city council, the administrator shall allow recording of the binding site plan, provided specific conditions have been included on the face of the binding site plan noting that the master plan shall be the basis for controlling the location and size of all utilities and roads, and that a building permit shall not be issued for site development until all detailed engineering plans are submitted and approved by the city, and are either constructed or bonded or otherwise conditioned. [Ord. 2024-06 § 1].
24.60.070 Performance bond.
In lieu of the construction of the required streets prior to final platting or dividing of the property, the applicant may enter into a security and improvement agreement with the city to construct the required infrastructure improvements at a later date, and shall furnish to the city a performance bond or other security in an amount and with surety conditions satisfactory to the city, providing for and securing to the city the actual construction of the infrastructure within a period specified by the city and expressed in the bond and/or contract. The full amount of the bond shall be retained by the city until completion of the construction of the infrastructure and acceptance of the street improvements by the city. [Ord. 2024-06 § 1].
24.60.080 Appeals.
Any action taken by the administrator on a binding site plan application may be appealed to the hearing examiner in accordance with the requirements set forth in RMC Title 19 for a Type I permit application. [Ord. 2024-06 § 1].
24.60.090 Recording and enforcement.
All approved binding site plans must be recorded with the Benton County auditor. Once recorded the lots, parcels, or tracts created through this procedure are legal lots of record. All provisions, conditions, and limitations on the binding site plan are binding on the owner, purchaser, or any other person acquiring a lease or other interest of any lot, parcel, or tract created pursuant to the binding site plan. Any sale, transfer, or lease of any lot, tract, or parcel prior to recording of the binding site plan with the Benton County auditor is a violation of Chapter 58.17 RCW and this title. [Ord. 2024-06 § 1].
24.60.100 Rescission.
A. The city may rescind, vacate or modify all or a portion of a final binding site plan upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be configured as it was immediately prior to the time that the binding site plan was recorded.
B. Signatures of all the owners having an interest in those portions of a binding site plan which are proposed to be altered by an amendment, rescission or vacation are required on the application for rescission, vacation or modification.
C. The process for rescinding, modifying or vacating a binding site plan shall be accomplished by following the same procedure and satisfying the same laws and conditions as required for a new binding site plan, and the action to rescind, modify or vacate must be found by the city to further the public interest and not cause a significant environmental or land use impact on or beyond the site. [Ord. 2024-06 § 1].
24.60.110 Expiration.
Approval of a binding site plan shall automatically expire five years from the date of approval. Extension of time may be granted as provided in RMC 24.60.120. [Ord. 2024-06 § 1].
24.60.120 Time extensions.
A. An extension request letter and supporting data for time extension requests shall be submitted to the department at least 45 days prior to the expiration of the binding site plan preliminary approval. Time extension requests shall be processed as a Type I application pursuant to RMC Title 19.
B. Subject to the routing and comment requirement provided herein, the administrator may grant an initial one-year time extension provided there are no significant changed conditions or changed development regulations which would render recording of the binding site plan contrary to the public health, safety, or general welfare. Subsequent one-year extensions may be granted by the administrator based on the same analysis. Prior to granting time extensions, the department shall circulate the time extension request to affected agencies for comment. Additional or altered conditions recommended by the department or affected agencies may be required as a condition of the time extension. This may include new or updated city regulations deemed necessary to protect the public health, safety, or general welfare.
C. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 19.70 RMC. [Ord. 2024-06 § 1].
24.60.130 Notice of filing.
Notice of filing of a binding site plan adjacent to or within one mile of another municipal boundary must be given to the appropriate municipal official. Notice of such filing located adjacent to the right-of-way of any existing or proposed state or federal highway must be given to the Washington State Department of Transportation. Notice of the filing may be given to any other agency deemed prudent by the city. [Ord. 2024-06 § 1].