Chapter 16.46 BINDING SITE PLAN

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); to promote the general health, safety, and welfare; and to substantially comply with the provisions of RCW 58.17.035 and 58.17.040. The procedures specified herein are an alternative to other methods of subdividing land. Because it is optional, an applicant may, but need not, elect to use the binding site plan concept and the procedures stated herein for commercial and industrial development. The binding site plan, as described by this chapter, shall be the required method of development for manufactured home and RV parks. The binding site plan procedures of this chapter shall have principal application to commercial and industrial parks. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.020 Procedures.

The procedures and requirements set forth in this chapter and Chapter 19.05 TMC shall be followed in submission and approval of binding site plans which is a Type IV action. It is intended that, to the extent possible, binding plan reviews will be processed simultaneously with any applications for rezones, planned developments, conditional use permits, and similar quasi-judicial or administrative actions that may be required for the same development. If requested by the applicant, the city may process an annexation concurrently with a binding site plan application using the procedures in Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.030 General conditions and requirements.

A. Approved binding site plans shall be filed for the record in the Okanogan County auditor’s office.

B. 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 RCW. 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.

C. Recreational vehicle park or manufactured home binding site plans shall not authorize the sale or transfer of ownership of a lot, parcel, or tract of the binding site plan.

D. Alteration of an approved binding site plan shall be processed subject to all the procedures and requirements of this chapter.

E. The binding site plan shall make provisions for roads, streets, alleys, the extension of municipal utilities (sewer and water), drainageways, other public ways, or other municipal improvements as specified in TMC 16.20.140 and as deemed necessary by the city at the time of the binding site plan approval.

F. The binding site plan shall have access to an existing dedicated street as specified in TMC 16.32.100. There shall be access to all parcels, lots, or tracts. Private streets shall have direct access onto a dedicated street.

G. The binding site plan shall comply with all zoning and health regulations.

H. The binding site plan shall be consistent with the city’s comprehensive plan.

I. Every decision or recommendation made under this chapter by the council or planning commission, including final approval, shall be in compliance with the requirements of Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.040 Preapplication conference.

When a person contemplates an application for a binding site plan for a parcel(s) of land, a Type IV action, said person shall schedule a preapplication conference in accordance with Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.050 Application/processing fee.

The submittal of an application for a binding site plan shall be accompanied by a nonrefundable processing fee as specified in the current city of Tonasket fee schedule; upon determination by the administrator that the application is complete, the administrator shall request payment of the application fee. No application shall be processed until the application has been deemed complete and the application fee paid. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.060 Submission.

A. The applicant, following a preapplication conference, shall submit an application for binding site plan review and approval.

B. The administrator then reviews the application and related materials for completeness. Once the administrator determines the application is complete, he/she shall:

1. Notify applicant in writing that the application is complete;

2. Request payment of the application fee;

3. Request the applicant to submit 15 copies of the proposed binding site plan and supplementary material as specified in TMC 16.46.070; and

4. Circulate the application and related materials for department heads, planning commission and affected agency review as required by TMC 16.46.080; and

5. Schedule and provide notice of the public hearing as specified in Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.070 Application requirements.

A. Prior to submission of a binding site plan application and map, the applicant and/or his representative shall schedule a preapplication conference with the city as set forth in Chapter 19.05 TMC.

B. The applicant shall submit a conceptual master development plan for the binding site plan.

C. The binding site plan application and map shall be submitted to the city on forms prescribed by the city. Said application shall be accompanied by an electronic and six paper copies of the binding site plan and map. The binding site plan and map (scale equals one inch to 100 feet) shall include the following:

1. Proposed name of the binding site plan; this name shall not duplicate any name used on a recorded plat, subdivision or binding site plan in the city of Tonasket;

2. Location of the binding site plan by section, township and range;

3. Names and addresses of the owners, applicant, and designer of the binding site plan and the licensed surveyor and engineer if appropriate;

4. Scale, north arrow and date;

5. A full and correct legal description of the entire lot, tract, parcel, site or division constituting the applicant’s property, as recorded in the Okanogan County auditor’s office;

6. A vicinity sketch at a scale between 400 and 800 feet to the inch. The vicinity sketch shall show all adjacent subdivisions, streets, and tract lines of adjacent parcels, with the names of owners of record of such parcels when described by metes and bounds. It shall show how the streets and alleys in the proposed binding site plan may connect with existing and proposed streets and alleys in all adjacent territory so that an advantageous development of the entire area can be achieved;

7. Boundary lines of the proposed binding site plan including monuments and markers, approximate distance and area enclosed;

8. Existing restrictive covenants;

9. Elevations shown by contour lines at a minimum of five-foot intervals if determined by the administrator to be needed at the preapplication conference;

10. The location, name, designation as to public or private, present improvements and right-of-way width, and type of surfacing of all existing streets, alleys and rights-of-way on and adjacent to the tract, including the location of any existing walks, curbs, and gutters; the location, pipe size and grades of all existing sewers, water mains, culverts, buried electrical or telephone conduits and surface and subsurface drains, railroad lines or other private improvements, and utilities including storm drains;

11. Approximate width, location and purpose of all existing easements;

12. The approximate location of all designated floodways and 100-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses;

13. The approximate location and shoreline designation of all areas within the jurisdiction of the city of Tonasket shoreline master program;

14. The approximate location of all critical areas designated in the city of Tonasket comprehensive plan;

15. Existing uses of the property, including the location and use of all existing structures and those structures which will remain on the property after filing of the final binding site plan;

16. The location, name, intention to make public or private, right-of-way or easement width, approximate radii of curves and gradients, of all proposed streets, alleys or roads within or on the boundary of the proposed subdivision;

17. Location, width and purpose of all easements;

18. Proposed uses of the property;

19. Approximate dimensions of all lots with proposed lot and block numbers (if applicable). Lot sizes shall be in compliance with the applicable zoning laws;

20. The locations, size and existing use of all existing and contemplated public areas within the proposed binding site plan. Areas designated for public use as recommended by the planning commission shall be dedicated for such use by easement to the city of Tonasket if approved by council and indicated on the final binding site plan before recording;

21. A brief statement and preliminary layout of proposed on-site facilities and improvements for sewage disposal, water supply and drainage. The administrator, after consulting with the public works director, may require the installation of water, sewer, and storm drainage lines in street rights-of-way within the binding site plan, or easements therefor in accordance with Chapter 16.32 TMC and with the recommendations of the city engineer. The Okanogan County health district may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision;

22. A list of the names and addresses of all owners of record or real property within 300 feet of the external boundaries of the proposed binding site plan;

23. If the proposed binding site plan would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310;

24. Minimum building setback lines according to applicable zoning laws;

25. Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act (SEPA)) and Chapter 18.04 TMC, as they now exist or are hereafter amended;

26. A copy in concept of all proposed restrictive covenants;

27. If the applicant desires to develop the binding site plan in phases, the phases shall be shown on the preliminary binding site plan along with the proposed time frame for each phase;

28. A title certificate consisting of a report showing all parties having any full or partial interest(s) in the property to be subject to the binding site plan;

29. Inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.080 Review.

A. Copies of the proposed binding site plan and all other information required by TMC 16.46.070 shall be processed in accordance with Chapter 19.05 TMC and forwarded by the administrator to the following agencies, as deemed appropriate for their respective recommendations, if any:

1. City department heads;

2. Okanogan County health district;

3. City consulting engineer;

4. Okanogan County assessor, planning department and/or public works director;

5. Any affected irrigation district and/or public or private utilities (electrical, telephone, telecommunications, cable, water, etc.);

6. Natural Resources Conservation Service;

7. Any school district or fire district encompassing any of the area included in the preliminary plat;

8. Any affected or concerned governmental agencies including nearby cities and appropriate state and federal agencies. State agencies may include the Departments of Fish and Wildlife, Ecology, Health, etc., depending on location and scope of project. Federal agencies may include the Environmental Protection Agency, Corps of Engineers, Fish and Wildlife Service, Bureau of Reclamation, Bureau of Indian Affairs, etc., depending on location and scope of project;

9. Tonasket planning commission;

10. Okanogan County pest and disease and weed control boards (if the binding site plan contains agricultural uses);

11. Confederated Tribes of the Colville Indian Reservation; and

12. Washington State Department of Transportation when a proposed project abuts or impacts U.S. 97 and S.R. 20.

B. The above agencies shall all also be sent a notice of public hearing. The recommendations of the aforesaid public agencies, if any, shall be submitted to the city of Tonasket a minimum of seven days prior to the hearing provided for in TMC 16.46.090. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.090 Planning commission public hearing.

When the administrator believes that the binding site plan application is complete the procedures in Chapter 19.05 TMC shall be followed and a date for a public hearing before the planning commission shall be set. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.100 Notice of public hearing.

An open record public hearing will be held before the planning commission with notice of the proposed binding site plan provided in compliance with Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.110 Staff report.

The administrator shall prepare a staff report, including findings of fact, to present to the planning commission. The staff report shall include a review of the proposed binding site plan and any comments received from commenting agencies and departments and interested citizens. The report shall also review the proposed binding site plan’s conformance with required standards, other land use regulations, and the city comprehensive plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.120 Planning commission action.

A. The planning commission shall issue its findings and notice of decision in accordance with Chapter 19.05 TMC. The planning commission shall review the binding site plan, staff report, testimony and exhibits submitted at the hearing and make findings and recommendations thereon to the council in the form of a letter of transmittal to assure conformance of the proposed binding site plan with the comprehensive plan and zoning ordinance. The planning commission shall recommend necessary dedications and street, utility and other public improvements and conditions of approval and recommend the council approve, conditionally approve, or disapprove the binding site plan.

B. A record of the public hearing (minutes and tape recording) shall be kept by the city clerk-treasurer and shall be open to public inspection.

C. The administrator shall transmit a copy of the planning commission’s recommendation in accordance with Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.130 Council action.

The recommendation of the planning commission shall be submitted to the city council for final decision in accordance with Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.140 Approval – Conditions.

Pursuant to RCW 58.17.110, as it now exists or is hereafter amended, the city council shall inquire into the public use and interest proposed to be served by the establishment of the binding site plan and dedication. The council shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public use and interest will be served by the binding site plan and dedication. The council shall also consider any recommendation from the planning commission regarding any physical constraints, SEPA mitigation measures, or other conditions to protect the health, safety and welfare affecting the proposed binding site plan, and may require protective improvements as a condition of the approval. Any such requirement shall be noted on the face of the plat. If the council finds that the proposed binding site plan makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the development of such binding site plan, then it shall be approved. If the council finds that the proposed binding site plan does not make such appropriate provisions, or that the public use and interest will not be served, the council may disapprove the proposed binding site plan. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of binding site plan approval and shall be clearly shown on the final binding site plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.150 Relationship of approved preliminary binding site plan to final binding site plan.

The approved preliminary binding site plan together with its conditions of approval shall constitute a guide to the applicant for the preparation of the final binding site plan and to the city for conditions under which the final binding site plan is to be approved. A final binding site plan meeting all the requirements of this chapter and other local regulations shall be submitted to the city for approval within two years from the date of preliminary binding site plan approval by the city.

An applicant who files a written request with the city at least 30 days before the expiration of this two-year period shall be granted a one-year extension, provided the applicant has attempted in good faith to submit the final binding site plan within the two-year period. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.160 Final binding site plan.

The following items shall be submitted to the city along with a written request to grant final approval (a Type III action) when the applicant deems the binding site plan is ready for final approval:

A. The final binding site plan shall conform substantially to the preliminary binding site plan and shall incorporate any conditions or recommendations imposed by the planning commission and approved by the city council. Any required signatures shall be in permanent black ink on the original document to be filed;

B. The original tracing and four copies of the binding site plan and map (three prints and one reproducible mylar). Maps shall be produced at a scale of one inch equals 100 feet; be neat and accurate drawings in black permanent ink; be prepared, stamped, and signed by either a registered professional land surveyor licensed by the state of Washington or the applicant. If it is prepared and signed by the applicant, there must be a perimeter map drawing signed by a licensed land surveyor with an indication of perimeter locating monuments. The trimmed size of the binding site plan and map(s) shall measure 18 inches by 24 inches with a one-and-one-half-inch margin on the top or left margin and a one-half-inch border on the remaining three margins. The binding site plan and map shall be drawn on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing. The binding site plan and map shall include the following:

1. The lines and names of all streets or other public ways, parks, playgrounds, and easements intended to be dedicated for public use, or granted for use of inhabitants of the binding site plan;

2. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the binding site plan, or dedication, including municipal boundaries, township lines, and section lines;

3. Block and lot locations, including dimensions and number designations;

4. The lengths and bearing of all straight lines, curve radii, arcs, and semi-tangents of all curves;

5. All dimensions along the lines of each lot, with the true bearings and any other data necessary for the location of any lot lines in the field;

6. Suitable primary control points approved by the city engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plan shall be referred;

7. The location of all permanent monuments;

8. The names of all subdivisions immediately adjacent thereto;

9. The date, true north point, scale, datum plane, and date of survey;

10. The boundary of the binding site plan, the course 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 10,000 feet;

11. The elevations of all corners on the boundaries of the subdivided tracts (as appropriate and agreed to with the city);

12. Statement by the owner dedicating streets, right-of-way, and any sites for public use;

13. Location and dimensions of all irrigation water rights-of-way;

14. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth; and

15. Proposed street names;

C. A title report from a title company licensed to do business in the state of Washington and dated within 30 days of the date of filing of the binding site plan and application confirming that the title of the lands as described and shown on the binding site plan is in the name of the owners signing the binding site plan or instrument of dedication;

D. A certificate from the Okanogan County treasurer indicting that all taxes and assessments on the property included in the binding site plan or dedication have been paid according to the provisions of RCW 58.08.030 as now enacted or hereafter amended;

E. All covenants proposed to run with the land;

F. 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);

G. If the binding site plan constitutes a redivision, the lots, blocks, streets, etc., of the original plat 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;

H. The applicant or his 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;

I. If any of the parcels can be further divided, or if only a portion of a tract is being divided, location of future streets, alleys and lot lines shall be shown by dotted lines;

J. A site plan on a separate sheet showing the following information:

1. Location and sizing of existing and proposed utilities, including water, sewer, storm drains, electricity, telephone and cablevision lines;

2. Existing and proposed structures and natural features and all proposed improvements within and adjoining the proposed binding site improvement plan;

3. Utility grades based on a datum plane approved by the city consulting engineer. The city consulting engineer may require the topography of the site to be shown at a contour interval no greater than two feet;

4. Present zoning classification on and adjacent to the property;

5. The location of all designated floodways and 100-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses;

6. The location and shoreline designation of all areas within the jurisdiction of the city of Tonasket shoreline master program;

7. The location of all critical areas designated in the city of Tonasket comprehensive plan;

8. Public dedications for park land, if any;

9. Name(s) of owner(s) of the proposed binding site improvement plan;

10. Location and dimensions of all existing and proposed irrigation water rights-of-way on and adjacent to the proposed binding site improvement plan;

K. Any deed restrictions or covenants existing or proposed shall be drawn on the binding site plan;

L. Submit mathematical calculations necessary to provide information required by this title related to lots, block and boundaries;

M. The binding site plan shall contain the legal description of the subdivision and the following dedication, acknowledgement, and endorsement statements shall appear in the following sequence in black permanent ink, either by hand or mechanical device:

Legal Description:

_________________________

Declaration:

The owner(s) of the land here described is/are

_________________________

The owner does hereby establish a Binding Site Plan pursuant to RCW 58.17.040(4), (5) or (7), and Chapter 16.46 TMC and that the undersigned declares that development of the property herein described shall conform to all inscriptions contained hereon.

Dedication:

We, the undersigned owners of the land here described, do hereby dedicate to the city of Tonasket forever the _________________________ and do hereby grant a waiver of all claims for damages against the governmental authority arising from the construction and maintenance of public facilities and public property within the Binding Site Plan.

_________________________

Signature

_________________________

Signature

_________________________

Signature

_________________________

Signature

STATE OF WASHINGTON)

County of Okanogan)

This is to certify that before me personally appeared _________________________, to me known to be person(s) who executed the foregoing dedication and acknowledge to me that it was signed as a free and voluntary act and deed for the uses and purposes stated.

Signed and Sealed _______________, 20_____.

____________________

Notary Public in and for the state of Washington residing at ___________________.

My appointment expires _____________.

Inscriptions:

_________________________

Land Surveyor’s Certificate:

I hereby certify that the Binding Site Plan of _______________ the heretofore described tract of land, is based upon an actual survey and that all the courses and distances shown thereon are correct, 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 Tonasket Public Works Department on __________, 20_____.

_________________________

Public Works Director

Examined and approved by the Tonasket Planning Commission on __________, 20_____.

_________________________

Planning Commission Chairperson

Examined and approved by the Tonasket City Council on __________, 20_____.

_________________________

Mayor

ATTEST:

_________________________

City Clerk-Treasurer

This is to certify that all taxes of _______________, which includes 20_____ taxes have been paid.

_________________________

Okanogan County Treasurer

_________________________

by Deputy Treasurer

Filed for the record at the request of the city of Tonasket this __________ day of __________, 20_____, in Volume _____ of Plats on page _____, records of Okanogan County, Washington.

_________________________

Okanogan County Auditor

_________________________

by Deputy Auditor

(Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.170 Final filing fees.

Upon city approval of the final binding site plan and within 15 days thereafter, the applicant shall remit the following fees prior to the binding site plan being officially signed and recorded with the Okanogan County auditor:

A. A check payable to the Okanogan County auditor sufficient to cover the recording fees;

B. When applicable, a certificate from the Okanogan County auditor certifying that covenants to the property title have been recorded and filed shall accompany the binding site plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.180 Final filing.

A. Upon receipt of all required final fees the binding site plan shall be signed by the following officials:

1. Tonasket public works director;

2. Tonasket mayor;

3. Tonasket city clerk-treasurer.

B. The Tonasket city clerk-treasurer shall transmit the original mylar to the Okanogan County auditor for final filing. One reproducible copy shall be forwarded with the original and returned to the Tonasket public works director for his record. One paper copy shall be filed with the Okanogan County assessor. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.190 Certificate of segregation – Building permits.

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 recommendation of approval from the planning commission and a certificate of segregation from the administrator. Said certificate shall ensure the segregated portion of the binding site plan complies with the conditions of the approved binding site plan.

B. Final approval of the binding site plan shall permit the applicant to develop construction plans and specifications for all street and utility improvements required by the council in granting final approval of the binding site plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.200 Improvements.

A. All costs for improvements shall be the responsibility of the applicant, including inspection and review-related costs described by subsection (E) of this section. Prior to the granting of final binding site plan approval or issuance of a building permit for construction within a binding site plan, all street and utility improvements required by the council in granting final binding site plan approval, including all street and utility improvements required to adequately service that portion of the plan for which a building permit is requested, shall be installed and completed by the applicant and accepted by the city, unless the applicant posts a performance bond or other security as set forth hereinafter.

B. Prior to construction of required improvements, the subdivider shall submit to the city public works director 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 council in granting approval of the preliminary binding site plan. The construction plans and specifications shall be accompanied by a plan check fee in an amount estimated by the city’s public works director. If the actual plan check fee exceeds the estimated amount, the applicant shall promptly remit the balance upon receipt of invoice from the city. If the estimated amount exceeds the actual amount, a refund shall be made to the applicant. Sheet size shall be 24 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 or 10 feet vertically and 40 feet or 50 feet horizontally, unless an alternative scale is approved by the administrator.

C. Within 20 working days of submittal of the plans, the public works director shall approve, conditionally approve, or disapprove the plans. The applicant shall submit one set of reproducible mylar and three sets of specifications which have been approved for the public works director’s signature, records and use.

D. After the public works director has approved the construction plans and specifications, the applicant shall complete and install all improvements.

E. The public works director or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all binding site plan improvements to ensure conformance with the approved plans and specifications. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.210 Performance bond.

A. In lieu of completing and installing all required street, utility and other required improvements prior to the issuance of a building permit, the applicant may post a performance bond or other approved security in a form satisfactory to the city attorney.

B. The performance bond or approved security shall be in an amount equal to 150 percent of the estimated cost, as determined by the city engineer, of such improvements, required by the city council in granting approval of the binding site plan.

C. All required improvements listed in the performance bond or approved security must be installed, completed by the applicant, and accepted by the city within one year of the date of issuance of the building permit. In the event that all such improvements are not completed within the time limit specified in the performance bond or security, the performance bond or security may be forfeited and the city may undertake the installation and completion of all improvements. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.220 Vested rights.

A binding site plan shall be governed by the terms of approval of the binding site plan, and the statutes, ordinances and regulations in effect at the time of approval. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.230 Variances.

Any applicant may make application to the planning commission for a variance of any provision contained in this chapter provided the request is received concurrently with the proposed binding site plan or dedication. Such request for variance shall be in accordance with the variance procedures set forth in Chapter 17.105 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.240 Amendments.

Once a binding site plan has been recorded with the county auditor, it can be amended or vacated in whole or part using the procedures described in this section. All proposed amendments, whether a public dedication is involved or not, shall be processed in accordance with the following provisions:

A. The amended binding site plan must comply with the procedures and requirements of this chapter for original binding site plan submittal and approval; provided, that a new survey shall not be required unless the amendment results in the creation of new lot lines;

B. The title of the amended binding site plan shall be:

Binding Site Plan No._______________

Amending Binding Site Plan No.________

C. The amended binding site plan shall show all of the land shown on the original binding site plan and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original binding site plan as shown by a current title certificate; and

D. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the county auditor specifically referencing the binding site plan by number and the correction. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.250 Dedications.

Dedication of all streets, rights-of-way, parks, playgrounds, easements, reservations, irrigation water rights-of-way, and any area to be dedicated to public use, together with any restrictions thereon, shall be submitted as a part of the binding site plan, approved by the council, and shall be recorded and filed as part of the binding site plan with the county auditor. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.260 Vacations.

Vacation of all or a portion of an approved binding site plan is a Type IV action and shall follow the procedures contained in Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.270 Appeals.

Any decision approving or disapproving any binding site plan shall be reviewable as provided by law, pursuant to Chapter 36.70C RCW and Chapter 19.05 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).

16.46.280 Violations.

Any person, firm or corporation violating any part of the provisions of this chapter shall be deemed to have committed a civil violation of the laws of the city and shall be subject to a civil penalty of up to $500.00 for each day or portion thereof during which any violation of this chapter is committed or permitted. (Ord. 786 § 1 (Exh. A), 2017; Ord. 701 § 1 (Exh. A), 2011).