Chapter 16.06
BINDING SITE PLANS
Sections:
16.06.030 Procedures for submission of application.
16.06.050 Additional requirements for binding site plan.
16.06.070 Contents of binding site plan.
16.06.010 Purpose.
The purpose of this chapter is to establish procedures for the issuance of binding site plans authorized by RCW 58.17.040. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.020 Definition.
“Binding site plan” means a drawing approved by the city council which sets forth a plan for the use of land wherein there is:
A. A division of land for the purpose of lease when no residential structure, other than mobile homes or travel trailers, is permitted to be placed upon the land; or
B. A division of land into lots or tracts zoned for industrial or commercial use. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.030 Procedures for submission of application.
A. Applications for binding site plans shall be submitted to the city community development department for review by the community development department and the public works director. The application shall include:
1. A vicinity map at a legible scale, showing the relationship of the proposed binding site plan to surrounding schools, parks, etc., and to all streets within 1,000 feet, or to the next major street, whichever is greater;
2. The name and address of the owner or owners, the licensed engineer, licensed land surveyor, licensed landscape architect, or other preparer, the names of all existing abutting streets and subdivisions, and a legal description of the exterior boundaries of the land to be divided;
3. The location, width, and name of all proposed streets, the dimensions of other proposed rights-of-way, alleys, easements, parks, playgrounds, open spaces, schools, etc., the scale of the binding site plan, and a north arrow;
4. A contour map of the property within the proposed binding site plan and showing the contours of property 200 feet beyond the perimeter of the proposed subdivision, said contour map showing changes in elevation of two feet. In addition, the elevation, referenced to U.S. Coast and Geodetic datum, shall be shown for every corner of the binding site plan boundary. The map will also show the location and areas of all natural watercourses, major tree masses, major rock outcroppings, and other similar landscape features;
5. The dimensions and square footage of each lot, the dimensions and acreage of the total binding site plan;
6. All existing structures proposed to remain on the area to be subdivided, and all existing drain fields and wells;
7. The location and design of fencing to be constructed along abutting streets;
8. Evidence of an adequate domestic water supply for the intended use of each lot within the proposed binding site plan as required by state law and the applicable city requirements;
9. One AutoCAD CD, Release (specified by community development director) of the binding site plan. Must be standard AutoCAD Menu, standard fonts, surveyed in accordance with NAD83/91, Washington State Plain South Zone, and drawn on a 1:1 scale;
10. A binding site application form, signed by the owner or his agent;
11. A certificate from a title insurance company, issued no more than 30 days prior to application, showing ownership of the property involved, a list of names and addresses of all abutting property owners, and property owners within 300 feet of the exterior boundaries of the proposed binding site plan and all lienholders of the proposed subdivision property;
12. Those plats proposing individual on-site waste disposal systems as the means of sewage disposal must include either: verification from the Benton-Franklin health district that health district regulations have been met; or that all required information has been received by the health district, and an estimated date when a final health district determination will be made. If the necessary information is not received prior to the planning commission open record hearing, then the matter may be continued unless the applicant does not agree, in which case the commission will recommend that the plat be approved, modified or denied;
13. Whether or not the property is to be connected to an irrigation source, and, if not, written verification from the appropriate irrigation district as to what is involved to connect to an irrigation source;
14. Tabular summary showing the following information:
a. Gross acreage;
b. Net lot acreage;
c. Total number of lots;
d. Average lot size;
e. Minimum lot size;
f. Present zoning;
g. Type of water service;
h. Type of sewerage;
15. Survey and Monumentation. A subdivision of the portion of the section in which the binding site plan is located, showing original or established corners, a description and the original traverse of same showing error of closure and method of balancing, shall also be submitted. This is to be accompanied by a sketch showing all calculations necessary to determine the courses and distances of the plat.
B. Applications shall be accompanied by a fee to defray the administrative expenses incurred by the city and for costs of review and inspection by the community development director, public works director and other city employees. Said fee shall be in accordance with WRMC 16.06.090.
C. The community development director shall review the application and shall, within 30 days of the determination of completeness of the application, forward the application and supporting documents to the planning commission for recommendation to the city council. The community development director shall, in forwarding the application with the supporting documents, recommend either acceptance or rejection of the application as submitted. If the community development director recommends rejection of the application, he shall set forth in writing his reasons for recommending rejection. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.040 Standards.
A. Right-of-Way Requirements. All road right-of-way requirements shall be not less than the width listed in WRMC 16.16.100 and all roads shall be paved by the developer in accordance with WRMC 16.16.240 and standards established by the public works director. All utility rights-of-way and easements must be shown on the binding site plan and must be of such a width as the public works director may establish. All road and utility rights-of-way and easements must be dedicated to the city;
B. Sewer System Requirements. If a public sewer system is available within 500 feet of the parcel subject to the binding site plan, or the community development director determines that public health, safety or welfare requires connection to a public sewer system, the developer shall provide the subject property with a complete sanitary sewer system serving the property connected to the public sewer system.
1. If the division of the lands within the binding site plan is for the purpose of lease when no residential structure, other than mobile homes or travel trailers, is permitted to be placed upon the land, then a sewer hookup shall be provided by the developer for each individual lot on which a mobile home or travel trailer is to be placed;
2. If the division of the lands is for the purpose of industrial or commercial use, the public works director shall establish sanitary sewer system requirements in accordance with applicable city regulations and policies, which system shall be provided by the developer;
C. Water System Requirements. If a public water main is available within 500 feet of the property subject to the binding site plan, or the community development director determines that public health, safety or welfare requires connection to a public water system, the developer shall provide the subject property with a domestic water distribution system connected to the public water system.
1. If the division of the lands is for the purpose of lease when no residential structure, other than mobile homes or travel trailers, is permitted to be placed upon the property, then each lot designated for placement of a mobile home or travel trailer shall be provided with a separate hookup and separate meter so that each lot will receive metered water from an individual meter;
2. If the division of the land is for industrial or commercial use, the public works director may establish such criteria as is appropriate for supplying the property with domestic water in accordance with applicable city regulations and policies;
3. The property subject to the binding site plan shall be provided with fire hydrants at approximately 400-foot intervals on each street or at such other locations as the city may require;
D. Street Lighting Requirements. The developer shall provide an adequate street lighting system for the property subject to the binding site plan;
E. Irrigation System. The developer shall provide a separate irrigation system and source of irrigation water for the property subject to the binding site plan;
F. Undergrounding of Utilities. The developer shall underground all utilities, including but not limited to power, telephone and cable television, and the utilities shall be located in rights-of-way or easements dedicated to the public.
The city council may modify the above stated standards and requirements, taking into consideration the special conditions and requirements of each binding site plan submitted to the city, and considering the surrounding area and the existing policies of the city. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.050 Additional requirements for binding site plan.
A. The final binding site plan shall be on four-mil single-matted mylar and shall be of such a scale as to make a map 22 inches by 30 inches and shall show all courses and distances necessary to re-stake any portion of the plan from the map. All surrounding property shall be labeled in dotted lines whether platted or otherwise.
B. The finished binding site plan must show the description of the property subject to the binding site plan, acknowledgments, dedications, approval by the public works director, community development director, and a certificate of the engineer who surveyed the property. All certificates must be dated when signed. The official seal of the attesting officer and the engineer who platted the property shall be placed on the final site plan.
C. One AutoCAD CD, Release (specified by community development director) of the as-built drawings and plat is required by the city. Must be standard AutoCAD Menu, standard fonts, surveyed in accordance with NAD83/91, Washington State Plain South Zone, and drawn on a 1:1 scale. All changes from the original plat and construction drawings must be noted and identified.
D. After the final binding site plan has been approved and filed for record with the county, the original four-mil single-matted mylar, along with one copy, shall be filed with the community development director and become the property of the city. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.060 Improvements.
Whenever any improvements or public works are to be installed by a private developer at his expense and dedicated to the city, the plans and specifications of the improvements or public works shall be submitted by the developer to the community development director. The public works director shall review these plans and specifications prior to the granting of approval. This review and approval by the public works director shall be in accordance with such procedures and guidelines as the public works director may, from time to time, establish. In addition, the public works director may impose on all developers any requirements relating to engineering and construction and guarantees of performance as he may deem necessary for the protection of the city. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.070 Contents of binding site plan.
The binding site plan as approved by the city council shall:
A. Contain inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city council.
B. Contain provisions requiring any development of the property to be in conformance with the binding site plan. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.080 Approval – Effect.
A. No building permit, use and occupancy permits, construction permits, development permits or other similar permits shall be issued for the property subject to the binding site plan until after the improvements called for by the approved binding site plan have been completed; provided, however, that the city council may accept a bond in an amount and with a surety and condition satisfactory to the city council or other secure methods provided for and securing to the city the actual construction and installation of such improvements within a period specified by the city council and expressed in the bond or other document.
B. Approval of the binding site plan shall not relieve the applicant and property owner from complying with the provisions of all other laws and regulations including, but not limited to, zoning laws, building codes, environmental protection laws, open space laws and open space dedication requirements, sewer and water assessments, and the requirements for installation of sidewalks. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].
16.06.090 Fees.
A fee shall be charged to defray the administrative expenses incurred by the city and for the costs for review and inspection by the community development director, public works director and other city employees and agents:
A. With each application for a binding site plan there shall be submitted an application fee as established by city council in the master fee schedule which shall be nonrefundable.
B. Prior to final approval by city council of the binding site plan, an estimated plan review fee shall be determined by public works director. This fee shall be paid by the applicant prior to approval by city council of the binding site plan. This fee is to cover the actual costs, including staff time, incurred by the city in review of the final binding site plan and the improvement plans. Any excess or deficiency from this plan check fee shall be credited to or added to the inspection fee. The fee shall be calculated by the public works director by following WRMC 16.04.120 or by his best estimate of actual time and costs involved.
C. The estimated construction inspection fee shall be determined by the city public works director and shall be based on the number of lots involved and the estimated construction costs, or by following WRMC 16.04.120, or in the alternative, the public works director may estimate the actual cost incurred by the city for inspection. This fee shall be paid prior to the initiation of any construction on the binding site plan. These fees are intended to cover the actual costs incurred by the city in inspecting the construction. If the total costs are less than the amount of the fees paid, a refund of the excess will be made to the developer at the time of final acceptance of the construction, which is one year after approval of the construction. If the costs exceed the amount of the fees paid, the developer shall pay an additional fee before final approval of the construction. The additional fee shall include the deficiency plus an estimated amount to cover the costs through final acceptance.
D. For the purpose of this section, “actual costs incurred by the city” shall be the actual salaries of the public works director, community development director or other city staff for the time allowed, multiplied by an overhead factor of one and one-half, plus any other direct costs associated with the project. [Ord. 16-15 § 2 (Att. B), 2015; Ord. 14-00 § 1, 2000; Ord. 13-95 § 3, 1995; Ord. 6-86 § 1, 1986].
16.06.100 Violations.
In the event of the sale, assignment, transfer, lease or conveyance of any of the lots within the binding site plan in violation of the regulations of this chapter, the city may initiate an action to rescind or enjoin such transfer, assignment, sale conveyance or lease by making application for an injunction in the superior court. In addition, the city has such other remedies as are provided by law. [Ord. 14-00 § 1, 2000; Ord. 6-86 § 1, 1986].