This chapter provides for an optional method for the division of land under RCW 64.34—The Condominium Act, through the use of a binding site plan as provided for in Chapter 58.17 RCW.

(Ord. 648 § 3 Exh. B (part), 2005)

After a binding site plan is filed with the auditor of the Island County, all persons, parties, their successors, heirs or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property of the subject site or portions thereof, shall be bound by the conditions and inscriptions attending the general/specific binding site plan.

(Ord. 648 § 3 Exh. B (part), 2005)

A.

Condominiums may be developed in phases where ownership of the property is unitary but all structures may not be completed at the same time.

B.

All phases must be initiated within thirty-six (36) months of final site plan approval. In the case of cottage housing units, the initial phase may not include less than six units. Any phasing proposal shall require a financial guarantee in an amount and form acceptable by the town council guaranteeing completion of project improvements in the event that phases are not completed.

C.

Phase lines must be treated as lot lines for setback purposes under the zoning code unless the property owner places a covenant on the binding site plan that the setback area for built phases, contained in all unbuilt phases, shall become common areas and owned by the owners of existing units in the built portions of the condominium upon the expiration of the completion schedule described in CTC 16.18.040(4).

D.

All built phases in a condominium binding site plan shall have joint and several obligation to maintain landscaping, community buildings and parking structures, and the exterior of all privately cottage units, to assure that the responsibility is shared among the various owners.

(Ord. 648 § 3 Exh. B (part), 2005)

A.

A preliminary binding site plan shall be filed with the planning department and contain:

1.

All information required for a preliminary long plat application;

2.

Payment of fees;

3.

The location of all existing/proposed structures;

4.

If all structures/improvements will not be built at one time a phasing plan, which includes a completion schedule;

5.

A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation and landscaping structures to be installed, the type of vegetation by common horticultural name, the installed and mature height of all vegetation;

6.

Schematic plans and elevations of all proposed buildings with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs and accessory structures. The schematic plans shall relate to specific unit numbers and locations and shall represent the exterior design intent of the unit; and

7.

All areas not within the building envelope are subject to joint use and are burdened by a joint obligation to maintain any and all accessways. The Town shall have no obligation to maintain such accessways.

B.

The preliminary binding site plan for a condominium or cottage housing development shall be initially considered by the planning commission in a public hearing. The review of the preliminary application is subject to the notice requirements of CTC 16.06.040(B). Following the hearing by the planning commission the application shall be presented to the town council consistent with the requirements of CTC 16.06.050(E)(2).

C.

Criteria for Review. The preliminary binding site plan shall be reviewed for consistency with the town comprehensive plan and with the applicable development regulations in this code. The Town shall have an easement for access along and over access ways and parking areas to allow police, building, fire and utility department personnel to inspect and observe such property, buildings and activities on the property as well as for providing emergency and law enforcement services and easements for utilities over and under such access ways. The preliminary binding site plan is subject to the Town's concurrency and park impact fee requirements.

(Ord. 648 § 3 Exh. B (part), 2005)

(Ord. No. 692, § 19, 10-3-2011)

A.

Review Procedures—Binding Site Plan. Within twelve (12) months of approval of a preliminary binding site plan, the applicant shall submit one reproducible and six copies of the final binding site plan to the town planning department for review and subsequent approval by the town council. Unless a phasing plan was approved as part of preliminary site plan approval, building permits for the entire project must be submitted in conjunction with the review of the final binding site. The town planner and the public works director shall advise the town council as to consistency of the site plan and construction requirements with the approved binding site plan. The final binding site plan shall be reviewed for compliance with the conditions of the preliminary binding site plan, applicable condominium development conditions and all other applicable development regulations in effect at the time of application.

B.

The final binding site plan shall include the following:

1.

All information required under TCC 16.08.080(G), 16.08.080(H), 16.08.080(I), and 16.08.080(G);

2.

Inscriptions or attachments setting forth the limitations and conditions of development;

3.

The provisions insuring the development will be in conformance with the site plan as approved;

4.

Comply with the requirements of Chapter 64.34 RCW Condominium Act;

5.

All binding site plans must include the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the Town and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.";

6.

A financial guarantee in an amount and form acceptable by the town council guaranteeing completion of project improvements consistent with any approved phasing plan.

C.

Approval and Recording. Upon determination of consistency, the final binding site plan shall be signed by the town planner and the public works director and after the approval of the town council filed with the Island County auditor of the county in which the property is located at the applicant's expense. Prior to recording a binding site plan, all taxes for the current year must be paid, together with taxes for any delinquent years. Proof of payment must be indicated by the seals and signatures of the county clerk-treasurer and deputy clerk-treasurer on a certificate shown on the face of the binding site plan with record of survey.

D.

Title Certificate. All final binding site plan submittals shall be accompanied by a title company certification (current within thirty (30) days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan.

E.

Recording—Final Binding Site Plan.

1.

When the Town finds that the binding site plan proposed for final approval meets all the conditions of final approval, then the applicant shall take both original Mylar binding site plan maps together with a survey of the property to the Island County auditor. The auditor shall refuse to accept any binding site plan and record of survey for filing and recording until the town planner and the public works director have signed the binding site plan. One of the originals of said binding site plan shall be recorded with the Island County auditor. The other will be stamped by the auditor and forthwith returned to Town of Coupeville. In addition, the applicant will furnish the Town with one paper copy of the Mylar recorded by the auditor. In addition, one paper copy shall be furnished by the applicant to the Island County assessor.

2.

The applicant must provide the Town with proof of proper filing and recording before the binding site plan becomes valid. This proof shall include a certification by the applicant and the surveyor certifying that the binding site plan has not been altered between the time it was approved for recordation and the time of actual recordation by the Island County auditor.

F.

Certificates.

1.

The final site plan shall be a statement that the binding site plan has been made with the free consent and in accordance with the desires of all parties with ownership interest. If the binding site plan is subject to dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual(s), religious society(ies) or to any corporation, public or private as shown on the certificate, in a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having ownership interest in the lands divided and recorded.

2.

A certificate is required giving a full and correct description of all lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in accordance with the desires of the owners. If the binding site plan is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, to an individual or individuals, religious society or societies or to any corporation, public or private as shown on the binding site plan and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land divided and recorded as part of the final binding site plan.

3.

A certification by a licensed surveyor is required, licensed in the state, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law.

G.

Modifications and Extensions.

1.

Site Plan Modifications. Modifications to a final binding site plan shall be processed in the same manner as the original site plan.

2.

The construction authorized under the final site plan shall be completed within five years from the date of recording of the site plan or the site plan shall expire. A single one-year extension may be granted by the town planner at the request of the owner/applicant if said request is submitted to the Town no later than sixty (60) days prior to the expiration of site plan approval.

(Ord. 648 § 3 Exh. B (part), 2005)