17.26.020 Binding site plan conditions and requirements.
(1) General Conditions and Requirements.
(a) Binding site plans shall be filed as a record of survey in the Grant County auditor’s office.
(b) A commercial or industrial binding site plan authorizes a sale or transfer of a parcel. The binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the parcel. The sale or transfer of such parcel 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 parcel of a commercial or industrial binding site plan shall be filed as a record of survey in the Grant County auditor’s office.
(c) Mobile (manufactured) home park and recreational vehicle park binding site plans shall not authorize the sale or transfer of ownership of a parcel of the binding site plan.
(d) Alteration of an approved binding site plan shall be accomplished by submitting an amended binding site plan to the plat administrator. The amended binding site plan shall be processed subject to all the procedures and requirements of this chapter.
(e) All improvements (i.e., water services, fire lines, building sewers, private access streets, etc.) within the binding site plan boundaries shall be privately held and maintained by the property owner(s). The binding site plan shall make adequate provision for internal private access streets, curbs, gutters, sidewalks, street lighting circuits, alleys, connection to municipal utilities (sewer and water) in the existing dedicated street the binding site plan adjoins, drainageways, other public ways, or other municipal improvements as deemed necessary in conformance with the city of Electric City community street and utility standards and the city of Electric City design standards in effect at the time of the binding site plan approval. All internal streetlights required shall be supported by the formation of a streetlight utility local improvement district (ULID) coexistent with the boundaries of the binding site plan to cover the operation and maintenance costs of such streetlights.
(f) The binding site plan shall front on an existing dedicated street. There shall be adequate access to all parcels. Existing dedicated streets shall be improved to the city of Electric City’s community street and utility standards. 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 generally consistent with the city of Electric City’s comprehensive plan.
(i) The binding site plan shall provide for irrigation water rights-of-way as now enacted or hereafter amended.
(j) 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.
(k) Unless an applicant for a binding site plan requests otherwise and where the plat administrator agrees, a binding site plan shall be processed simultaneously with the application for platting, rezones, waivers, deferrals, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
(l) Binding site plans shall be approved, disapproved, or returned to the applicant for modification within the time provided in Chapter 36.70B RCW.
(2) Specific Conditions and Requirements.
(a) Prior to submission of a binding site plan application and map, the subdivider or the subdivider’s representative shall schedule a preapplication conference with the public works director and representatives of other affected city of Electric City departments. The subdivider shall present a conceptual idea of the binding site plan. The electrical utility and representatives of affected city of Electric City departments will respond informally and address potential items of concern to aid the subdivider in preparing the binding site plan.
(b) The binding site plan application and map shall be filed with the electrical utility on forms prescribed by the public works department. Said application shall be accompanied by 12 copies of the binding site plan and map.
(c) The binding site plan (12 sets of prints plus the original tracing and a reproducible Mylar copy) shall be a neat and accurate drawing in black permanent ink prepared, stamped, and signed by a registered professional land surveyor licensed by the state of Washington. The trimmed size of the binding site plan 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 shall be drawn on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.
(d) The binding site plan shall bear all inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land.
(e) The binding site plan shall contain provisions making all developments conform with the binding site plan.
(f) A nonrefundable fee established by a resolution of the council shall accompany each and every application for a binding site plan, together with all contracted staff review expenses, publication costs and any consultant fees incurred to be able to review and process the application.
(g) All public dedications shown on the plat being overlaid shall also be shown on the binding site plan.
(h) The binding site plan shall be accompanied by the following:
(i) 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 filing of the binding site plan and application with the public works director 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 or instrument of dedication.
(ii) A certificate from the Grant County treasurer indicating 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 and 58.10.040 as now enacted or hereafter amended.
(iii) All covenants proposed to run with the land.
(i) The binding site plan shall contain the following:
(i) All documents, maps, and survey notes shall clearly show the name of the binding site plan, the name(s) of the subdivider(s) and the name of the registered land surveyor responsible to the subdivider(s).
(ii) 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 THE PLAT/SHORT PLAT)
A Record of Survey
(iii) 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.
(iv) Parcel locations including dimensions and number or letter designations.
(v) The lengths and bearings of all straight lines, curve radii, arcs, and semi-tangents of all curves.
(vi) All dimensions along the lines of each parcel with the true bearings and also any other data necessary for the location of any parcel in the field.
(vii) Suitable primary control points, approved by the Grant County public utility district or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plan shall be referred.
(viii) The location of all permanent monuments, property corners, and parcel corners.
(ix) The names of all subdivisions immediately adjacent thereto.
(x) The date, true north point, scale, datum plane, and date of survey.
(xi) 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 and one foot in 10,000 feet in the central business district.
(xii) The elevations of all permanent monuments based on datum plane approved by the public works director.
(xiii) Certification by a registered land surveyor of accuracy of the binding site plan map and survey.
(xiv) Location and dimensions of all irrigation water rights-of-way.
(xv) All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
(xvi) The scale of the binding site plan shall be not more than 100 feet to the inch, except that the public works director, subject to a request prior to binding site plan submittal, may approve an alternative binding site plan map scale not to exceed 100 feet to the inch.
(xvii) If the binding site plan is a redivision or amendment to an existing binding site plan, the parcels 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.
(xviii) The subdivider’s land surveyor shall set all required monuments and shall stake all parcel corners as shown on the binding site plan before the binding site plan is submitted for approval.
(xix) A vicinity map at a scale of not more than 400 feet to the inch, except that the city engineer, 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.
(xx) The street address for the binding site plan will be assigned to the major access to the dedicated street the binding site plan fronts upon.
(xxi) United States Bureau of Reclamation horizontal and vertical data including bench marks.
(j) Any deed restrictions or covenants existing or proposed shall be drawn on the binding site plan.
(k) Submit all parcel and boundary closures to the public works director.
(l) The binding site plan shall contain the legal description of the subdivision 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 of portions thereof, pursuant to RCW Chapter 58.17 and Title 17 of the Electric City Municipal Code and that the undersigned declares that development of the property herein described shall conform to all inscriptions contained hereon.
________________
________________
Signature
Date
Signature
Date
________________
________________
Signature
Date
Signature
Date
Acknowledgment:
State of Washington
County of Grant
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
____________________________
Notary Public
____________________________
Print or Type Name 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 Electric City Mayor on _____________________, 20___.
____________________________
Mayor
Filed for the record at the request of the City of Electric City this day _____ of ___________________, 20___, in Volume of the Book of Surveys, on page ________, records of Grant County, Washington.
____________________________
Grant County Auditor
____________________________
by Deputy Auditor
Dedication
The owner of the land described herein in fee simple is _______________________ and __________________________. The owner declares this plat and dedicates to the public forever, all streets, roads, alleys, easements or whatever public property there is shown thereon for any and all public purposes not inconsistent with the uses shown on this plat.
____________________________
Dated
____________________________
Signed
Acknowledgment
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that ________________________ signed this instrument and acknowledged it to be his/her and voluntary act for the uses and purposes mentioned in the instrument.
____________________________
Dated
____________________________
Notary Public
____________________________
Print or Type Name of Notary Public
My appointment expires ______________
Surveyor’s Certification and Declaration
I hereby certify that this plat is a true and correct representation of the lands actually surveyed.
I hereby declare that the plat of __________________________ is based on actual survey and subdivision of a portion of Section ____ Township _____ North, Range _____ East, W.M. that the distances and courses and angles are shown thereon correctly to the best of my knowledge, information, and belief; and that proper monuments have been set and lot corners are staked on the ground.
_______________________(Seal)
Licensed Land Surveyor
EXAMINED AND APPROVED by the Electric City City Engineer on _________________, 20___.
____________________________
City Engineer
EXAMINED AND APPROVED by the Planning Commission on ______________________, 20___.
____________________________
Planning Commission Chairman
EXAMINED AND APPROVED by the Electric City City Council on _____________________, 20___.
____________________________
Mayor
Attest:
_________________________________
City Clerk
This is to certify that all taxes and assessments which are now due and payable according to the records of Grant County have been fully paid.
____________________________
Grant County Treasurer
____________________________
Date
Filed for record at the request of the City of Electric City this _______ day of _____________, 20__ at ______ __m., and recorded in Volume of Plats, on Page ___, records of Grant County, Washington.
____________________________
Grant County Auditor
____________________________
by Deputy Auditor
(m) Submit all lot, block, and boundary closures to the city engineer with the final plat submittal. (Ord. 414 § 1, 2009; Ord. 400 § 1, 2008; Ord. 399 § 1, 2008; Ord. 393 § 1, 2007)