Chapter 11.225
BINDING SITE PLAN
Sections:
11.225.030 Application for binding site plan.
11.225.040 Binding site plan conditions and requirements.
11.225.050 Review by planning commission.
11.225.060 Final filing and recording fees – Developer agreement.
11.225.070 Recording requirements.
11.225.080 Certificate of segregation.
11.225.100 Sale or lease of lots.
11.225.010 Purpose.
The procedures regulating binding site plans are established in accordance with RCW 58.17.100 for the purpose of:
A. Providing an alternative procedure for the orderly and efficient division of land into lots for the purpose of lease or sale for industrial or commercial uses of the land (upon which no residential structures will be placed) when more than one principal building is to be constructed on one lot of record;
B. Providing the sole and mandatory procedure for the orderly and efficient division of land into lots for the purpose of lease for manufactured housing or recreational vehicles; and
C. Promoting the general health, safety, and welfare. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.101, 2001).
11.225.020 Applicability.
The binding site plan process and procedures specified in this chapter may only be used for the following:
A. The division of land for the sale or lease of commercially or industrially zoned property (upon which no residential structures will be placed) when more than one principal building is to be constructed on one lot of record. The binding site plan process is an alternative method of subdividing commercial or industrial property.
B. The division of land for the purposes of leasing lots for manufactured housing or recreational vehicles. The binding site plan process is the sole and mandatory method of subdividing land for the purpose of leasing lots for manufactured housing or recreational vehicles. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.102, 2001).
11.225.030 Application for binding site plan.
A. Binding site plan applications and maps shall be submitted to the administrator on forms prescribed by the city and shall contain the following:
1. All documents, maps, and survey notes shall clearly show the name of the binding site plan, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s);
2. The title shall include the type of binding site plan (commercial, industrial, mobile home park or recreational vehicle park) and read as follows:
(Type of) Binding Site Plan
of
(Name of Plat or Short Plat)
A Record of Survey
3. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, easements, and dedications, including municipal boundaries, township lines, and section lines adjacent to or within the binding site plan;
4. The names, locations and purposes of all existing and proposed easements;
5. The location and dimensions of all existing and proposed water and sewer mains, public or private, and all existing and proposed streets and rights-of-way to be held privately or dedicated to the city;
6. Parking areas, loading areas, and landscaping areas;
7. The location of all access points which access a public street or right-of-way;
8. Block and lot locations including dimensions and number or letter designations;
9. The lengths and bearings of all straight lines, curve radii, arcs, and semi-tangents of all curves;
10. All dimensions along the lines of each lot with the true bearings and also any other data necessary for the location of any lot in the field;
11. Suitable primary control points approved by the administrator, or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plan shall be referred;
12. The location of all permanent monuments, property corners, and lot corners;
13. The names of all immediately adjacent subdivisions;
14. The date, true north point, scale, datum plane, and date of survey;
15. The boundary of the binding site plan, the courses and distances marked thereon, as determined by a field survey made by a registered and qualified land surveyor of the state, and with an allowable error not to exceed one foot in 5,000 feet;
16. The elevations of all permanent monuments based on datum plane approved by the administrator;
17. Certification by a registered land surveyor of accuracy of the binding site plan map and survey;
18. Location and dimensions of all irrigation water rights-of-way;
19. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth;
20. The scale of the binding site plan shall be not more than 100 feet to the inch, except that the administrator, subject to a request prior to binding site plan submittal, may approve an alternative binding site plan map scale exceeding 100 feet to the inch;
21. If the binding site plan is a redivision or amendment to or alteration of an existing binding site plan, the parcels or lots of the preceding binding site plan shall be shown by dotted lines in their proper positions in relation to the new arrangement of the binding site plan, the binding site plan being so clearly shown in solid lines as to avoid ambiguity;
22. The applicant’s land surveyor shall set all required monuments and shall stake all lot corners as shown on the binding site plan before the binding site plan is submitted for approval;
23. A vicinity map at a scale of not more than 400 feet to the inch, except that the administrator, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding 400 feet to the inch. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood;
24. The street address for the binding site plan will be assigned by the administrator;
25. Horizontal and vertical data, including bench marks, provided by the United States Bureau of Reclamation or other approved agency.
B. Any deed restrictions or covenants existing or proposed shall be described and drawn on the binding site plan map and/or in the other documents submitted with the binding site plan application and map.
C. The applicant shall submit all parcel and boundary closures to the administrator at the time the applicant submits the binding site plan map and application.
D. The binding site plan application shall be accompanied by the following:
1. A plat certificate from a title company licensed to do business in the state of Washington and dated within 30 days of the date of submitting the binding site plan application to the administrator confirming that the title of the land as described and shown on the binding site plan is in the name of the owners signing the binding site plan and the developer agreement;
2. A certificate from the Adams County treasurer indicating that all taxes and assessments on the land and improvements included in the binding site plan have been paid according to the provisions of RCW 58.08.030 and 58.10.040 as now enacted or hereafter amended;
3. All easements and covenants proposed to run with the land;
4. A completed SEPA environmental checklist as required by law;
5. A nonrefundable filing fee as provided in the city’s fee schedule.
E. The binding site plan application shall also be accompanied by 12 copies of the binding site plan and map. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.103, 2001).
11.225.040 Binding site plan conditions and requirements.
A. General Requirements – All Binding Site Plans.
1. Binding site plans shall be filed as a record of survey in the Adams County auditor’s office.
2. The binding site plan shall connect to municipal utilities (sewer and water) in the existing dedicated streets that adjoin the binding site plan, drainage ways, and other public ways, or municipal improvements shall be provided in conformance with the city of Ritzville standards in effect at the time of the binding site plan approval.
3. The binding site plan shall front on an existing dedicated street. There shall be adequate access to a public way from all lots within the binding site plan. Existing dedicated streets shall be improved to the city of Ritzville’s standards. Private streets shall have direct access onto a dedicated street.
4. The binding site plan shall comply with all applicable zoning and health regulations, including but not limited to those regulations set forth in this title.
5. The binding site plan shall be consistent with the city of Ritzville’s Comprehensive Plan.
6. The binding site plan shall conform to the requirements and standards set forth in Chapter 11.145 RCC. The requirements and standards set forth in said chapter shall be applicable to each and every binding site plan. A binding site plan shall be considered a subdivision for purposes of that chapter.
7. The binding site plan shall provide for irrigation water rights-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
8. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. Said information is a part of and must accompany the binding site plan application.
9. A binding site plan shall be processed simultaneously with the application for platting, rezones, variances, planned unit developments, site plan approvals, and similar legislative quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
10. The binding site plan shall contain provisions making all development conform to the binding site plan.
11. Requests for alteration of an approved binding site plan shall be submitted to the administrator. Minor revisions to the binding site plan may be approved by the administrator. Minor revisions include a lot line adjustment. The amended binding site plan shall be processed subject to all the procedures and requirements of this chapter.
B. General Requirements – Commercial or Industrial Binding Site Plans.
1. A commercial or industrial binding site plan authorizes a sale or transfer of a lot within the binding site plan. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot within the binding site plan. The sale or transfer of such lot in violation of the binding site plan, or without obtaining a 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. The sale or other transfer of ownership of a lot of a commercial or industrial binding site plan shall be filed as a record of survey in the Adams County auditor’s office.
2. A commercial or industrial binding site plan shall make adequate provision for public streets, roads, rights-of-way, other public ways, curbs, gutters, sidewalks, street lighting circuits, alleys, transit stops, irrigation rights-of-way, the extension of municipal utilities, including water and sewer services, and any other municipal improvements deemed necessary in conformance with the city standards in effect at the time of the approval of the binding site plan application.
3. All lots within a commercial or industrial binding site plan shall have direct access to a public street. Street lighting shall be provided.
C. General Requirements – Mobile Home and Recreational Vehicle Binding Site Plans.
1. Mobile home and recreational vehicle binding site plans shall authorize the leasing of lots therein but shall not authorize the sale or transfer of ownership of a lot within the binding site plan.
2. All improvements (i.e., all water services, fire lines, sewers, private access streets) within the mobile home or recreational vehicle park binding site plan boundaries shall be privately held and maintained by the property owner(s)/applicant(s). The binding site plan shall make adequate provision for internal private access streets, curbs, gutters, sidewalks, street lighting circuits, and alleys. The binding site plan shall make provisions for adequate easements within the binding site plan for major municipal utility lines.
D. Specific Conditions and Requirements – All Binding Site Plans.
1. Pre-Application Conference. Prior to submission of a binding site plan application and map, the applicant or the applicant’s representative shall schedule a pre-application conference with the administrator.
a. The administrator will coordinate the conference with representatives of other affected city of Ritzville departments.
b. The applicant shall present a conceptual idea of the binding site plan.
c. The administrator and representatives of affected city of Ritzville departments will respond informally and address potential items of concern to aid the applicant in preparing the binding site plan.
2. The binding site plan shall contain the legal description of the land within the binding site plan and the following declaration, acknowledgment, and endorsement statements shall appear in the following sequence in black permanent ink either by hand or mechanical device:
Legal Description:
_________________________________
_________________________________
Declaration:
The owner in fee simple of the land herein described is _______________________. The owner does hereby establish a Binding Site Plan for the purpose of lease or sale of portions thereof, pursuant to RCW Chapter 58.17 and Title 11 of the Ritzville Unified Development Code and that the undersigned declares that development of the property herein described shall conform to all inscriptions contained hereon.
_________________________________
Signature (Owner) Date
_________________________________
Signature (Administrator) Date
Acknowledgment
State of Washington
County of Adams
I certify that I know or have satisfactory evidence that _______________________ signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated ___________________________
_________________________________
Signature of Notary Public
My appointment expires ______________
Land Surveyor’s Declaration:
I hereby certify that this Binding Site Plan is a true and correct representation of the lands actually surveyed.
I hereby declare that the Binding Site Plan _______, the heretofore described tract of land, is based upon an actual survey and that all the distances and courses shown thereon are correct to the best of my knowledge, information, and belief; and that I have fully complied with the provisions of the statutes and platting regulations.
_________________________________
Professional Land Surveyor
Certificate No. _____________________
Approvals:
Examined and approved by the Ritzville Planning Commission on ____________, 20__.
_________________________________
Clerk/Treasurer
Assessor’s Certificate: Examined and approved by the Adams County Assessor.
_________________________________
Adams County Assessor
____________________________, 20__.
Date
Treasurer’s Certificate: This is to certify that all taxes and assessment which are now due and payable according to the records of Adams County have been fully paid.
_________________________________
Adams County Treasurer
____________________________, 20__.
Date
Auditor’s Certificate
Filed for the record at the request of the City of Ritzville this ____ day of ________, 20__, in Volume of the Book of Surveys, on page ____, records of Adams County, Washington.
_________________________________
Adams County Auditor
_________________________________
by Deputy Auditor
(Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.104, 2001).
11.225.050 Review by planning commission.
A. A binding site plan shall be subject to a Type II review consistent with RCC 11.245.080.
B. The planning commission may approve a binding site plan, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The proposed binding site plan is in compliance with the Ritzville Comprehensive Plan, and requirements of the Adams County health district and any other such plans developed pursuant to law. In addition, if the property, in part or total, abuts a state highway, the proposed binding site plan is in compliance with any rules of the Washington State Department of Transportation.
2. The physical characteristics of the site, including but not limited to topography, soil conditions or unique natural features, such as susceptibility to flooding, wildlife habitat or wetlands, have been considered in the project design.
3. The proposed binding site plan is in compliance with all applicable standards in this title.
4. The appropriate provisions have been made for dedications, easements and reservations.
5. The public use and interest will be served by the binding site plan.
6. The following facilities are adequate to serve the proposed binding site plan or will be improved concurrent with development of the binding site plan:
a. Public and private streets or roads;
b. Water;
c. Drainage;
d. Sanitary waste collection and treatment;
e. Schools and educational services;
f. Fire and police service; and
g. Pedestrian and bike facilities.
7. If phasing is proposed:
a. The phasing plan includes all land within the binding site plan;
b. Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire plat; and
c. All road improvements requirements are assured.
C. Planning commission approval of the binding site plan shall be valid for a period of one year from the date of permit. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.105, 2001).
11.225.060 Final filing and recording fees – Developer agreement.
A. Upon approval of the binding site plan by the planning commission, the applicant shall pay the appropriate fees to record the approved binding site plan with the Adams County auditor.
B. Upon approval of the binding site plan by the planning commission, the developer shall sign and submit to the city a developer agreement acceptable to the clerk/treasurer which: (1) dedicates to the city all streets required to be dedicated to the city as a condition of binding site plan approval; (2) grants to the city all easements required to be granted as a condition of binding site plan approval; (3) describes and shows the precise location of all granted easements and dedicated streets; (4) imposes an obligation on the applicant to install and construct, or post a bond or cash equivalent for, all utility and street improvements required as a condition of binding site plan; and (5) sets forth any other conditions of binding site plan approval. The signature of the applicant shall be notarized. The approved binding site plan shall not be signed by the clerk/treasurer or filed for recording with the Adams County auditor’s office until such signed and acceptable developer agreement is received by the city. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.106, 2001).
11.225.070 Recording requirements.
A. Upon receipt of all required final fees and an acceptable and signed developer agreement, the approved binding site plan and the developer agreement shall be signed by the clerk/treasurer. The clerk/treasurer’s signature on the developer agreement shall be notarized.
B. The administrator shall transmit the original developer agreement and three copies of the binding site plan to the Adams County auditor for final filing and recording. One reproducible conformed copy of the binding site plan shall be retained by the administrator. One conformed copy of the binding site plan shall be returned to the applicant. The applicant shall make 12 paper copies of the conformed copy and submit them to the administrator.
C. Any record of survey filed as a binding site plan which does not bear the signature of the clerk/treasurer is not a valid binding site plan and shall not confer any rights or privileges upon the property or its owners.
D. Once the binding site plan and developer agreement are filed for recording with the Adams County auditor’s office, the binding site plan and developer agreement shall be binding upon and be enforceable against the applicant, the applicant’s heirs and personal representatives, and the applicant’s successors and assigns, including any person or entity which obtains an ownership interest in all or any portion of the land within the binding site plan. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.107, 2001).
11.225.080 Certificate of segregation.
A. Prior to the issuance of any building permit for construction within an approved binding site plan, that portion of the binding site plan for which the building permit is requested must be legally described and receive a certificate of segregation from the city. Said certificate shall ensure the segregation of construction complements the approved binding site plan.
B. Approval of the binding site plan shall constitute approval for the binding site plan applicant to develop construction plans and specifications for all on-site street and utility improvements.
C. No building permits or certificates of occupancy shall be issued by the city with respect to any lots or land within an approved binding site plan until all required street and utility improvements have been completed and approved and a one-year maintenance bond posted. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.108, 2001).
11.225.090 Improvements.
A. Following the approval of a binding site plan, the applicant shall submit to the administrator three complete sets of construction plans and specifications prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements as required by the planning commission in approving the binding site plan. The construction plans and specifications shall be accompanied by a plan check fee as per the rate schedule established by the city. All construction plans and specifications shall be in conformance with city standards. Sheet size shall be 24 inches by 36 inches and shall have a border of one inch on the left margin and one-half inch on the remaining three margins. The scale shall be five feet vertically and 40 feet horizontally.
B. After the city approves the construction plans and specifications, the applicant shall complete and install all street and utility improvements required by the planning commission in granting approval of the binding site plan within one year of the date upon which the city approves the construction plans and specifications. A one-year performance or subdivision bond or other security in a form satisfactory to the city attorney shall be required in the amount of 150 percent of the construction costs as determined by the city. After the street and utility improvements are constructed and approved, a one-year maintenance bond shall be required in the amount of 100 percent of the construction costs as determined by the city.
C. In the event that all street and utility improvements are not completed within one year of the date upon which the city approves the construction plans and specifications, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. In the alternative, the clerk/treasurer may grant one extension of the performance or subdivision bond or security for a period not to exceed one year provided that the request for an extension is filed with the administrator at least 60 days prior to the expiration of the bond or security. If the request for a time extension is granted, a new performance or subdivision bond or security shall be submitted in an amount sufficient to cover 150 percent of the cost of completing street and utility improvements. The bond will be updated with new estimates of costs on all uncompleted improvements and all increased costs shall be passed onto the bond. If the surety does not accept these increased costs, then the city will foreclose on the bond and the binding site plan will be held in abeyance. Departments issuing recommendations for new performance or subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased costs estimates as determined by the city to the bond or security to cover the costs of completing utility and street improvements without the written consent of the applicant. After the street and utility improvements are constructed and approved, a one-year maintenance bond shall be required in the amount of 100 percent of the construction costs as determined by the city.
D. The city or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all street and utility improvements to ensure conformance with the approved plans and specifications. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.109, 2001).
11.225.100 Sale or lease of lots.
No lots within a binding site plan may be sold or leased until the approved binding site plan and the signed developer agreement are recorded by the Adams County auditor’s office. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.110, 2001).
11.225.110 Vested rights.
A binding site plan shall be governed by the terms of approval of the binding site plan. Lots in a binding site plan filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.111, 2001).
11.225.120 Appeals.
Any decision approving, approving with conditions or disapproving any binding site plan may be appealed to the Ritzville city council in accordance with the provisions of the Ritzville City Code. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.112, 2001).