Maple Valley City Zoning Code
CHAPTER 18
90 SUBDIVISION AND PLATTING
§ 18.90.010 General provisions.
A.
Purpose. The purpose of this chapter is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established by the State to prevent overcrowding of lands; to lessen congestion on the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision of water, sewerage, parks and recreation areas, sites for schools and school grounds, sidewalks or other planning features that assure safe walking conditions for students who only walk to and from school, and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of citizens; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description.
B.
Survey. The survey of the proposed subdivision and preparation of the proposed plat shall be made by or under the direct supervision of a registered land surveyor, who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.
C.
Definitions. Unless the context of the subject matter clearly requires otherwise, the following words or phrases have the meanings given to them in this section:
1. "Alley"
means a public right-of-way or private road or easement designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a dedicated street.
2. "As-builts"
are the engineering drawings which show the exact location, size and dimension of streets and utilities that have been installed.
3. "Binding site plan"a. b. c.
means an accurate drawing to a scale specified by code which:
Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by City regulations;
Contains inscriptions or attachments setting forth the appropriate limitations and conditions for the use of land as are established by the City; and
Contains provisions requiring site development to be in conformity with the site plan and ensuring the collective lots continue over time to function as one site for matters related but not limited to roads, utilities, open space and other matters governed by the land use code.
5. "Bond"
refers to a form of security provided in an amount and form satisfactory to the City Attorney, intended to insure that required improvements are installed and provide warranty against defects in material and/or workmanship.
6. "Boundary line adjustment"
refers to an administrative procedure that allows changes in boundary lines between adjoining lots, parcels or tracts, subject to certain conditions.
7. "Dedication"
means the deliberate appropriation of land by any owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention of dedication shall be evidenced by owners filing a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of the plat for filing by the City.
8. "Engineering drawings"
are diagrams that provide plans, profiles and cross-sections of utilities and roads to be installed, prepared by a licensed civil engineer.
9. "Critical areas"
refer to those lands identified on the comprehensive plan and/or City zoning code, which have unique characteristics which require special regulations in order to insure proper use with intense development.
10. "Final plat"
means the final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this code. For purposes of this code, "final plat" may also refer to the land use review process required before a final plat map may be recorded.
11. "Lot"
means a fractional part of the subdivision lands having fixed boundaries of sufficient area dimension to meet minimum zoning requirements for width and area. The term includes tracts or parcels.
12. "Lot, parent new"
means a lot which is subdivided into unit lots through the unit lot subdivision process.
13. "Lot, unit"
means a lot created from a parent lot and approved through the unit lot subdivision process.
14. "Unit lot subdivision"
means the division of a parent lot into two or more unit lots within a development and approved through the unit lot subdivision process.
15. "Plat"
means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
16. "Preliminary plat"
means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. For purposes of this code, "preliminary plat" may also refer to the land use review process required before a preliminary plat map may be approved. See "Subdivision."
17. "Private road"
refers to an established easement which created access from private property to the City street with maintenance of the road being the responsibility of the private property owners.
18. "Reference monument"
refers to a permanently established marker which is used to establish property corners and control for surveys.
19. "Short plat"
means the map or representation of a short subdivision. For purposes of this code, "short plat" may also refer to the land use review process required before a short plat may be approved. See "Short subdivision."
20. "Short subdivision"
means the division, or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
21. "Subdivision"
means the division of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease; includes all resubdivision of land when required by this code.
(Ord. O-99-109 § 1; Ord. O-13-545 § 3; Ord. O-25-849 § 1 (Att. A))
§ 18.90.020 Land division.
A.
Scope.
1.
Applicability. This chapter shall regulate all divisions of land for sale or lease, except as provided in subsection (A)(2) of this section.
2.
Exceptions. The provisions of this chapter do not apply to:
a.
Cemeteries and other burial plots while used for that purpose;
b.
Divisions made by testamentary provision, or the law of descent;
c.
Divisions of land into lots or tracts classified for business park or commercial use, when the City has approved a binding site plan for the use of the land in accordance with its local regulations; provided, that when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan is filed for record in the County Auditor's office on each lot, parcel, or tract created pursuant to the binding site plan;
d.
A division for the purpose of lease when no residential structure other than mobile homes are permitted to be placed upon the land when the City has approved a binding site plan for the use of the land in accordance with local regulations;
e.
A division made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site;
f.
A division that is made by subjecting a portion or a parcel or a tract of land to Chapter 64.32 RCW if the City has approved a binding site plan for all such land; and
g.
Divisions of land into lots or tracts no smaller than five acres when done for the purpose of allowing fee simple purchase or deeding of such lots or tracts to a public agency, municipal corporation, school district, special purpose district or other unit of local government.
B.
Control and Authority for Approval of Subdivision or Short Subdivision. Divisions of land into two or more lots shall comply with provision of this chapter. No person, firm, or corporation, proposing to make, or having made, a subdivision or short subdivision shall enter into any contract for sale any lot, tract, parcel, or any part thereof, until the City has approved the final plat or short plat in accordance with the rules and regulations contained in the chapter.
(Ord. O-99-109 § 1; Ord. O-14-554 § 1; Ord. O-14-566 § 1)
§ 18.90.030 Preliminary plat.
A.
Application and Procedure. A preapplication conference is required. Submittal requirements for the application may be obtained from the Department. Preliminary plat applications are reviewed using Process 3. Environmental review pursuant to the State Environmental Policy Act (SEPA) and Maple Valley's SEPA policies is required.
B.
Requirements for Approving Preliminary Plats. In considering preliminary plats, the City shall inquire into the public use and interest proposed to be served by the establishment of the subdivision. The City shall approve a preliminary plat only if appropriate provisions are made in the subdivision for, but not limited to, the public health, safety, and general welfare, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary and/or septic sewer systems, fire protection, parks and recreation, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, and shall consider all other relevant facts. If the City finds that appropriate provision is made for the specified items and that the public interest is served by the platting of the subdivision and dedication, then it shall be approved upon the entry of written findings that the plat conforms to all applicable zoning and land use requirements and appropriately mitigates adverse environmental impacts. Dedication of land to the City, provision of public improvements to serve the subdivision, a voluntary agreement that allows payment of fees in lieu of dedications or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision, and/or the payment of impact fees imposed pursuant to State law and City ordinances may be required as a condition of approval. Dedications shall be clearly shown on the final plat.
C.
Reasons for Denial of a Preliminary Plat. After considering all input at the public hearing, if the City finds that the proposed plat does not make provisions as outlined in subsection (B) of this section, or that the public use and interest will not be served, upon the entry of written findings, the preliminary plat will then be denied.
D.
Effective Period of Preliminary Plat Approval. The time period for approval of the preliminary plat is as follows:
1.
For 10 years from the date of preliminary plat approval, if the date of approval is on or before December 31, 2007;
2.
For seven years from the date of preliminary plat approval, if the date of approval is on or after January 1, 2008, and on or before December 31, 2014;
3.
For five years from the date of preliminary plat approval, if the date of approval is on or after January 1, 2015.
Any preliminary plat not submitted for final plat approval within the period of time set forth in this subsection is null and void and the applicant is required to resubmit a new preliminary plat for approval, subject to all current zoning and subdivision regulations.
E.
Revision of Preliminary Plat. An approved preliminary plat may be revised in one of two ways, depending on the magnitude of the changes proposed. An application for revision of a preliminary plat is subject to the submittal requirements of MVMC § 18.100.080.
1.
Major Revision. A major revision is a Process 3 application. An open record hearing is required for major revisions including changes in primary access points or increase in the number of peak hour vehicle trips, expansion of site area, increase in the number of lots, substantial expansions of environmental impacts or substantive changes to conditions of preliminary approval.
2.
Minor Revision. An administrative amendment to the prior approval may be applied for if the Director determines the changes are minor but still within the general scope of the original approval. Minor revisions, including phasing of an approved preliminary plat, may be reviewed as an administrative amendment using Process 1. The administrative amendment shall be approved only if all the following criteria are met:
a.
The amendment maintains the design intent or purpose of the original proposal;
b.
The amendment does not change primary vehicular access points or increase anticipated peak hour vehicle trips;
c.
The site area is not expanded and number of lots is not increased;
d.
Circumstances render it impractical, unfeasible or detrimental to the public interests to accomplish one or more conditions of preliminary plat approval;
e.
The amendment results in no major adverse environmental impacts on or beyond the site;
f.
Portions of an approved preliminary plat may be processed separately for recording in divisions; provided, that all divisions are approved within the prescribed time limits for the preliminary plat as set forth in subsection (D) of this section; and provided, that the division does not violate the intent of the preliminary plat. When phasing a project, all off-site and on-site mitigation requirements must be completed or bonded commensurate with any impact caused by that particular division of the development. Prior to final approval of a division of the preliminary plat, the Departments of Community Development or Public Works shall require a guarantee of financial security be submitted, consistent with MVMC § 18.90.040, for construction of improvements in subsequent divisions if such improvements are necessary for the continuity of transportation, utility, or other systems.
(Ord. O-99-109 § 1; Ord. O-02-202 § 1; Ord. O-10-414 § 1; Ord. O-10-418 § 1; Ord. O-12-501 § 1; Ord. O-16-598 § 1(B) (Exh. B))[1]
[1]
Code reviser's note: Ordinance O-12-501's amendments to this section do not include subsection (E), but that subsection was not intended to be removed from the code.
§ 18.90.040 Methods of completing required improvements.
A.
An applicant shall submit plans for required civil engineering project improvements using a Process I, Site Development Permit, for all preliminary plats, short plats and commercial projects. The permit will be issued following the required preconstruction meeting with the City.
B.
An applicant may choose to install all infrastructure and other required improvements in accordance with the provisions of the Maple Valley Municipal Code and the requirements of the approved preliminary plat and site development permit, subject to inspection and approval by the City. In the alternative, the applicant may provide a performance bond, or other acceptable surety, to guarantee that any required improvements not installed prior to the approval of the final plat will be installed in a satisfactory manner within one year of the approval date of the final plat. The City reserves the authority to decide whether and to what degree bonding or other performance securities may be accepted in lieu of actual installation of improvements.
C.
If the applicant does not install all of the required improvements, a cost estimate of the amount required to install the improvements within a given time period shall be prepared. A performance bond or other surety may be accepted by the City in an amount equal to 150 percent of the estimated cost of installing the improvements. The City Attorney shall approve the form, sufficiency and manner of execution of the performance bond, or other surety, prior to the approval of the final plat. The performance bond, surety, or approved Local Improvement District (LID) shall be submitted prior to final plat approval.
D.
As-Built Drawings. After completion of all required improvements and prior to final acceptance by the City of the improvements, the applicant shall submit as-built drawings showing the actual location of all required infrastructure and reflecting any changes from the previously approved construction plans in accordance with City requirements.
(Ord. O-99-109 § 1; Ord. O-14-562 § 1)
§ 18.90.050 Final plat.
A.
No preapplication conference is required for a final plat application but a preapplication conference may be requested. Submittal requirements may be obtained from the Department.
B.
Review of Final Plat by the City. The Director of Community Development shall route the final plat application to all affected City departments and shall coordinate and consolidate the comments and review responses as needed. DCD shall prepare a report addressing whether and how the application meets each condition of preliminary plat approval.
C.
Approval by the Director of Community Development. If the final plat conforms to all terms of the preliminary plat approval, the Director of Community Development ("Director") shall give final approval and sign the final plat certifying that the plat complies with all the terms of the preliminary approval of the proposed plat, subdivision or dedication. The date of submittal of the completed final plat to the City Clerk is the official filing date from which the Director shall approve or disapprove the final plat. Final approval by the Director shall indicate acceptance of all dedications contained in the plat. The City shall notify the applicant of the decision of the Director on the final plat.
D.
Recording Plat with County Auditor. Upon approval of the final plat by the Director of Community Development, the applicant shall record the approved plat with the County Auditor and file a copy with the County Assessor. A reproducible copy and two paper copies of the recorded plat shall be provided to the City by the applicant prior to issuance of Building Permits for the plat.
E.
Failure to Complete Bonded Improvements. If bonding was accepted for improvements and the required improvements have not been satisfactorily installed within the required one-year period from the date of approval of the final plat, the City shall be entitled to proceed under the terms of the bond or performance security to complete the required improvements or otherwise assure completion of the subdivision.
F.
Warranty Against Defects in Labor and Material. A maintenance bond, or other acceptable surety, is required from the applicant to warrant all required improvements, either installed or to be installed, against defects in labor and material for a period of 24 months after acceptance by the City. The surety shall be submitted with the final plat application, and shall be 20 percent of the estimated value of the improvements, as determined by the Public Works Director. The maintenance bond or surety is in addition to any warranty or surety provided to guarantee the installation of required improvements. The City Attorney shall approve the form, sufficiency and manner of execution of the maintenance bond, or other surety, prior to the approval of the final plat. Upon the termination of any warranty period, the Public Works Director shall authorize the release of the maintenance bond by written notice to the City Council, applicant and the surety.
(Ord. O-99-109 § 1; Ord. O-04-274 § 1; Ord. O-18-639 § 3)
§ 18.90.060 Short plats.
A.
Application and Procedure. A preapplication conference is required. Submittal requirements for the application may be obtained from the Department. Short plat applications are reviewed using Process 2. Environmental review pursuant to the State Environmental Policy Act (SEPA) and Maple Valley's SEPA policies may be required.
B.
Decision Criteria.
1.
The Director may approve, approve with conditions, or deny a short plat only if: Appropriate provisions are made in the short subdivision for, but not limited to, the public health, safety, and general welfare, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary and/or septic sewer systems, fire protection, parks and recreation, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. The Director shall consider all other relevant facts. If the Director finds that appropriate provision is made for the specified items and that the public interest is served by the short plat, then it shall be approved upon the entry of written findings that the short plat conforms to all applicable zoning and land use requirements and appropriately mitigates adverse impacts. Dedication of land to the City, provision of public improvements to serve the short subdivision, and/or impact fees imposed pursuant to State law and City ordinances may be required as a condition of approval. Dedications shall be clearly shown on the final short plat. If the Director finds that the proposed short plat does not make provisions as outlined in this section, or that the public use and interest will not be served, the preliminary short plat will then be disapproved;
2.
The proposed short plat appropriately considers the physical characteristics of the site and each lot in the proposal can reasonably be developed in conformance with this code without requiring a variance or critical areas reasonable use exception;
3.
All necessary utilities, streets or access roads, drainage and other improvements are planned to accommodate the potential use of the entire property; and
4.
The proposal is in accord with the comprehensive plan, this land use code, and serves the public interest.
C.
The Director, in rendering a decision regarding the short subdivision application, shall consider comments received from special districts, citizens and other departments, and affected agencies or jurisdictions. A written report of the decision shall be prepared with supporting facts and reasons, including any conditions imposed as part of an approval.
Dedication of land to the City, provision of public improvements to serve the short subdivision, and/or impact fees imposed pursuant to State law and City ordinances may be required as a condition of short subdivision approval. Dedication shall be clearly shown on the final plat.
D.
Preliminary Approval. The preliminary approval of a proposed short subdivision is effective for three years, unless extended by the Director for a period not more than one additional year. If all specified requirements are not completed or bonded as specified below within the approval period, preliminary approval shall expire and a new application in conformity with then current regulations shall be required. If the preliminary short subdivision is approved by the City, any specified requirement shall be completed within three years, plus any authorized extension, or preliminary approval shall expire. In the event of such an expiration a new application in conformity with the then current regulations shall be required before preliminary approval is again granted.
E.
Final Approval.
1.
Approval Criteria. The Director shall approve a final short plat if the application conforms to all conditions and requirements of the preliminary short plat approval.
2.
Completion or Bonding.
a.
Final approval of a short subdivision shall require the signature of the City's Public Works Director stating that all improvements specified as part of the preliminary approval have been satisfactorily completed. Alternatively, final approval may be granted by the Director subject to applicant's filing of a performance bond or other suitable surety in a form approved by the City Attorney and in an amount equal to 150 percent of the estimated cost of the improvements as determined by the Public Works Director. The surety shall provide that the specified improvements must be completed within one year from the date of approval or that the City may, after 10 days' written notice to the applicant, execute on the bond or surety. The City may also, but shall not be obligated to, complete all or any part of the specified improvements which are not completed within one year and may execute upon the bond or other surety in order to pay the cost of such completion. The applicant shall be liable for any cost of completion in excess of the bond or surety amount.
b.
The performance bond required by this section shall remain in effect until released in writing by the City. The performance bond shall not be released until the Public Works Director is satisfied that all improvements have been satisfactorily completed and until the applicant files a maintenance bond or other suitable surety, in a form approved by the City Attorney and in an amount equal to 20 percent of the actual construction cost of the improvements, as determined by the Public Works Director, guaranteeing the repair or replacement of any improvements which prove defective or fail to survive within two years after final acceptance of the improvements or landscaping by the City. The maintenance bond or surety shall be executed upon, and the applicant shall be liable for repair costs in excess of the maintenance bond or surety, in the same manner as set forth above with respect to the performance bond or surety.
F.
Recording of Approved Short Subdivisions. After the date of the final approval and cessation of all appeal periods, the applicant shall record the short plat, short plat certificate, and covenants with the County Auditor. Recording fees shall be paid by the applicant. The short subdivision shall be approved when all necessary documents have been recorded. The applicant shall provide one paper and one reproducible copy of the recorded short plat to the City prior to building or other permits being issued for the property.
G.
Resubdivision Restricted.
1.
Land within an approved short subdivision shall not be resubdivided for a period of five years from the date of approval of the short subdivision without the submission and approval of a final subdivision pursuant to all provisions of this chapter concerning the subdivision of land into five or more lots, tracts or parcels.
2.
When the original short subdivision contains less than four lots, the stipulation described in subsection (G)(1) of this section shall not apply to the creation of additional lots, not exceeding a total of four. In that case, a new application consistent with the then current short subdivision regulations shall be required. After five years, further division may be permitted when otherwise consistent with the then current regulations of the City.
3.
Where there have been no dedications to the public and no sales of any lots in a short subdivision, nothing contained in this section shall prohibit an applicant from completely withdrawing the entire short subdivision and thereafter presenting a new application.
(Ord. O-99-109 § 1; Ord. O-12-492 § 13)
§ 18.90.065 Unit lot subdivisions.
A.
Unit Lot Subdivisions. A lot may be divided into separately owned unit lots and common areas, provided the following standards are met:
1.
Process. Unit lot subdivisions shall follow the application, review, and approval procedures for a short subdivision or subdivision, depending on the number of lots.
2.
Applicability. A lot to be developed with middle housing or multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use, may be subdivided into individual unit lots as provided herein.
3.
Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable design and development standards.
4.
Subsequent platting actions and additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot.
5.
Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners' association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the County Auditor.
6.
Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.
7.
Notes shall be placed on the face of the plat or short plat as recorded with the County Auditor to state the following:
8.
Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All development shall be subject to any conditions imposed by the City on the preliminary approval.
9.
Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short subdivision.
(Ord. O-25-849 § 1 (Att. A))
§ 18.90.070 Boundary line adjustments.
A.
Applicability. When an exchange of property is made between adjoining lots, it is defined as a boundary line adjustment if it satisfies the decision criteria set forth in subsection (C) of this section.
B.
Application and Procedure. No preapplication conference is required. Submittal requirements may be obtained from the Department. Boundary line adjustments are reviewed and decided by the Director using Process 1. A survey of the property is required at application.
C.
Decision Criteria.
1.
None of the lots affected is made substandard with respect to the requirements for lot size and dimensions, as required under the respective zoning district, as part of the zoning code. An existing lot, or parts of an existing lot, may be consolidated into the adjoining lots providing no substandard lot is created; and
2.
No existing building or structure is made substandard or nonconforming in any respect; and
3.
Existing easements are not jeopardized or rendered impractical to serve their intended purpose; and
4.
The lots being adjusted are considered buildable lots that can accommodate a legal structure under the zoning standards in place at the time of application.
(Ord. O-99-109 § 1)
§ 18.90.080 Binding site plan.
A.
Purpose. The purpose of this chapter is to create a permit for dividing commercially and Business Park zoned property, as authorized by RCW 58.17.035. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking.
B.
Procedure. A binding site plan creating four or fewer lots may be reviewed by the Director using Process 2. A binding site plan creating five or more lots shall be reviewed by the Hearing Examiner using Process 3. A binding site plan reviewed in conjunction with any Process 3 or Process 4 application shall be reviewed and decided by the Hearing Examiner using Process 3 or by the City Council using Process 4, respectively.
C.
Applicability.
1.
Any applicant seeking the use of a binding site plan to divide his or her property for the purpose of sale, lease or transfer of ownership of commercially or Business Park zoned property is required to apply for, complete and have approved a binding site plan prior to any property division, as provided in Chapter 58.17 RCW and as required by this chapter.
2.
The site which is subject to the binding site plan shall consist of one or more contiguous lots legally created.
3.
The site which is subject to the binding site plan may be reviewed independently for fully developed sites or in conjunction with a valid commercial site Development Permit. Binding site plans shall not be approved for an undeveloped site unless in conjunction with approval of a commercial site development plan.
4.
The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.
D.
Decision Criteria.
1.
The Director or Hearing Examiner shall consider and may approve with or without conditions, deny or return the application for modifications, based on:
a.
A finding that the newly created lots will continue to function and operate as one site, for fully developed sites; or
b.
Conformity of the proposed site plan with the adopted rules and regulations as represented in the approved commercial site plan, if the binding site plan is being considered with a commercial site plan.
2.
If the Director or Hearing Examiner denies the application or otherwise orders the site plan returned, the plan shall be returned to the applicant.
3.
The binding site plan shall contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site shall be in conformity with the approved site plan.
4.
The Director or Hearing Examiner may modify lot-based or lot line requirements contained within the building, fire and other similar Uniform Codes adopted by the City.
5.
The Director or Hearing Examiner may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms.
6.
The decision may be appealed to the Hearing Examiner for a Process 2 action.
E.
Recording and Binding Effect.
1.
Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information;
2.
The approved binding site plan recording forms shall include information in the format prescribed by the Director in the submittal requirements;
3.
Upon approval of the binding site plan, the applicant shall cause the recording of the binding site plan and covenants with the County Auditor. Recording fees are to be paid by the applicant. The applicant shall provide the City with one paper and one reproducible copy of the recorded binding site plan;
4.
Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan;
5.
Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of this chapter and Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in this chapter and Chapter 58.17 RCW.
F.
Amendment, Modification and Vacation. Amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless an approved subdivision or short subdivision subsequently divides the property.
(Ord. O-99-109 § 1; Ord. O-12-492 § 14)