Raymond City Zoning Code
PART IV
LAND DIVISION
§ 15.62.010 Purposes.
§ 15.62.020 Authority.
§ 15.62.030 Applicability.
A.
Every subdivision and short subdivision must comply with the provisions of this code.
B.
No person may subdivide or develop land within the city of Raymond except in accordance with the provisions contained in this code, unless specifically exempted from such provisions.
(Ord. 1593, 1998)
§ 15.62.040 Binding site plans.
§ 15.62.050 Exemptions.
In accordance with Chapter 58.17 RCW, the provisions of Chapters 15.62, 15.64, 15.66, and 15.68 RMC do not apply to:
A.
Cemeteries and other burial plots while used for that purpose;
B.
Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land;
C.
Divisions made by testamentary provisions, or the laws of descent;
D.
A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, 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 dimension to meet minimum requirements for width and area for a building site;
E.
A division for the purpose of lease when no residential structure other than mobile homes or travel trailers 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 Chapter 15.70 RMC;
F.
Assessor's plats; provided, that they contain a survey of subdivision and contain permanent control monuments as required by Chapter 58.17 RCW;
G.
Divisions of land into lots classified for industrial or commercial use when the city has approved a binding site plan in accordance with Chapter 15.70 RMC;
H.
Divisions of land into lots or tracts if:
2.
The improvements constructed or to be constructed on the land are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units or their owners' associations have a membership or other legal or beneficial interest;
3.
The city has approved the binding site plan for all such land;
4.
The approved binding site plan is recorded in the county in which such land is located;
5.
The binding site plan contains 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 city having jurisdiction over the development of such land, 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. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein. |
7.
A site plan will be deemed to have been approved if the site plan was approved by the city:
a.
In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or
b.
In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
c.
If not approved pursuant to subsections (H)(7)(a) and (H)(7)(b) of this section, then pursuant to such other procedures as the city has approved for a binding site plan.
(Ord. 1593, 1998)
§ 15.62.060 Pre-application conference.
A.
An applicant may request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process, in accordance with RMC § 15.08.040.
B.
If an applicant requests consolidated permit processing, a pre-application conference is required.
(Ord. 1593, 1998)
§ 15.62.070 Time limitations for approval or disapproval of plats – Extensions.
A.
Preliminary plats will be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date when a complete application is filed, unless the applicant:
1.
Agrees to an extension of the time period; or
2.
The 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3).
B.
If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period will not include the time spent preparing and circulating the environmental impact statement.
C.
Final plats and short plats will be approved, approved with conditions, denied, or returned to the applicant within 30 days from the date when a complete application is filed unless the applicant consents to an extension of the time period.
D.
A final plat meeting all requirements of this chapter must be submitted by the applicant to the city council for approval within five years of the date of preliminary plat approval.
(Ord. 1593, 1998)
§ 15.62.080 Comparative procedures table.
Short Plat | Preliminary Plat | Final Plat | Binding Site Plan | |
|---|---|---|---|---|
Optional pre-application conference (RMC § 15.08.040) | X | X | X | |
Applicant submits application | X | X | X | X |
Determination of completeness (RMC § 15.08.070) | X | X | ||
Notice of application (RMC § 15.08.090) | X | |||
City planner review | X | X | X | X |
City planner recommendation | X | |||
City planner decision | X | X | ||
Planning commission public hearing | X | |||
Planning commission recommendation to city council | X | |||
City council review and decision | X | X | ||
X | ||||
Applicant files short plat with county auditor | X | |||
Final plat filed with county auditor | X |
(Ord. 1593, 1998)
§ 15.64.010 Submitting short subdivision application, related materials, and fee.
§ 15.64.020 City planner forwards application.
(Ord. 1593, 1998)
§ 15.64.030 Department of Transportation notification.
A.
Whenever the city receives an application for the approval of a short subdivision that is located adjacent to the right-of-way of a state highway, the city planner must give written notice of the application, including a legal description of the short subdivision and a location map, to the district manager of the Department of Transportation.
B.
The city planner will request the district manager to submit within 14 days any information relevant to the effect of the proposed short subdivision upon the legal access to the state highway, the carrying capacity of the state highway, and the safety of users of the state highway.
C.
If received within 14 days, the city planner will consider the information from the district manager when reviewing applications for short subdivisions that are adjacent to state highway rights-of-way.
(Ord. 1593, 1998)
§ 15.64.040 City planner review and decision.
A.
After a short plat application is complete according to RMC § 15.08.070, the city planner will approve, approve with conditions, or deny the short plat.
B.
In reviewing the application for recommendation for short plat approval, the city planner will consider the following criteria:
1.
Whether the short plat meets applicable zoning and other land use regulatory requirements of the city and state. No short plat will be approved unless it is found to be in compliance with applicable zoning requirements;
2.
Whether the proposed short subdivision is already adequately served by sidewalks and other planning features that assure safe walking conditions for students who walk to and from school and others who may use the sidewalks;
3.
Whether the design, shape, size, and orientation of the proposed short subdivision are appropriate to the proposed use for which the lots are intended and are compatible with the character of the area in which they are located;
4.
The recommendations of the city engineer and other agencies and personnel listed in RMC § 15.64.020(A), if they gave recommendations;
5.
No short plat covering any land situated in a flood control zone (as provided in Chapter 86.16 RCW) will be approved unless prior written approval from the state Department of Ecology is provided. Construction of protective improvements may be required as a condition of approval, and the improvements will be noted on the approved short plat;
6.
Whether easements are provided and conveyed where necessary for utility installation and maintenance, public access, drainage, and buffer strip or protective easements;
7.
When only a portion of an entire tract is proposed to be short subdivided, the city planner will consider how the proposed lots and improvements will eventually relate and coordinate with the entire tract when fully platted.
C.
In accordance with Chapter 58.17 RCW, the city planner will also consider:
1.
Whether the proposed subdivision is in conformance with the city's comprehensive plan;
2.
Whether appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds;
3.
Whether sidewalks and other planning features assure safe walking conditions for people who use them, including students who only walk to and from school;
4.
Whether capital facilities to be provided by the city can be provided concurrently with the expected development, in accordance with the comprehensive plan;
5.
Whether the public interest will be served by the subdivision and dedication;
6.
The physical characteristics of the proposed subdivision, including flood, inundation, or wetland conditions (which are grounds for disapproval). No plat will be approved if it covers any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology of the state of Washington;
7.
Any information provided as a result of compliance with the State Environmental Policy Act;
8.
Whether geologically hazardous areas and aquifer recharge areas have been protected.
D.
The decision of the city planner must be in writing and must include findings of fact and conclusions to support the decision.
E.
The city planner has final approval authority for short plats.
(Ord. 1593, 1998)
§ 15.64.050 Redivision of short plats prohibited without final plat approval.
A.
Land contained within a short subdivision as shown on an approved short plat may not be further divided within a period of five years unless a final plat is filed and approved in accordance with procedures established in this chapter (i.e., not more than four parcels can be created within five years without going through the preliminary/final plat process described in Chapters 15.66 and 15.68 RMC).
(Ord. 1593, 1998)
§ 15.64.060 Filing and distribution of approved short plats.
A.
The applicant must have the city planner sign the original of any approved short plat.
B.
The applicant then must file for record the signed, approved short plat with the Pacific County auditor.
C.
The final short plat will not be considered approved until the applicant files it with the Pacific County auditor, in accordance with RCW 58.17.065.
D.
One reproducible mylar or equivalent film copy must be furnished to the city engineer.
E.
One paper copy must be filed with the Pacific County assessor.
F.
Paper copies must also be provided to other agencies as required by the city planner.
(Ord. 1593, 1998)
§ 15.64.070 Appeal.
An applicant may appeal the decision of the city planner on short plat approval to the planning commission in accordance with RMC § 15.08.150.
(Ord. 1593, 1998)
§ 15.66.010 Submitting application for preliminary plat approval.
A.
A preliminary plat is a conceptual plan for a development. It shows the proposed development and amenities. To be considered for preliminary plat approval, an applicant must submit the following to the clerk/treasurer, in accordance with RMC § 15.08.070:
1.
A completed preliminary plat application form, as provided by the city;
2.
Ten copies of the preliminary plat, with appropriate additional information as specified by the application form;
3.
A SEPA environmental checklist;
4.
A SEPA environmental impact statement, if one was required by the threshold determination;
6.
An application fee (see current fee schedule).
B.
The clerk/treasurer will forward the items in subsections (A)(1) through (A)(5) of this section to the city planner.
(Ord. 1593, 1998)
§ 15.66.020 Determination of completeness.
The city planner must notify the applicant that the preliminary plat application has been received and that it is complete or incomplete, in accordance with RMC § 15.08.050.
(Ord. 1593, 1998)
§ 15.66.030 Notice of application.
The city planner must provide a notice of application in accordance with RMC § 15.08.090. In addition:
A.
Notice of the filing of a preliminary plat of a proposed subdivision that is in the city and next to the municipal boundary will be sent to the Pacific County department of community development;
B.
Notice of the filing of a preliminary plat of a proposed subdivision that is adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport will be given to the state Department of Transportation (DOT) district manager;
C.
If he wants to have his comments considered, the (DOT) district manager must respond to the city within 15 days of the notice as to the effect that the proposed subdivision will have on the state highway or state or municipal airport.
(Ord. 1593, 1998)
§ 15.66.040 Public hearing notice.
Once the preliminary plat application is complete, notice of a planning commission public hearing will be given in accordance with RMC § 15.08.110.
(Ord. 1593, 1998)
§ 15.66.050 City planner review and recommendation.
§ 15.66.060 Planning commission review and recommendation of application.
A.
After receiving the city planner's report, the planning commission will conduct a public hearing on the preliminary plat application, at which it will consider the application, related materials, the city planner's report, SEPA determinations, and comments made at the hearing by the applicant, adjoining property owners, and other interested parties.
B.
Based on the results of the public hearing, the planning commission will make a recommendation on the preliminary plat to the city council.
C.
The planning commission will consider the criteria in RMC § 15.66.070 in making its recommendation.
D.
Every recommendation made by the planning commission must be in writing and must include findings of fact and conclusions to support the recommendation.
E.
Recommendations of the planning commission will be advisory only.
F.
Recommendations of the planning commission must be submitted to the city council not later than 14 days following action by the planning commission.
(Ord. 1593, 1998)
§ 15.66.070 Criteria to be considered.
The planning commission will consider all relevant evidence in making its recommendation to the city council. In accordance with Chapter 58.17 RCW, the planning commission will consider:
A.
Whether the proposed subdivision conforms to the city's comprehensive plan.
B.
Whether appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds.
C.
Whether sidewalks and other planning features assure safe walking conditions for people who use them, including students who only walk to and from school.
D.
Whether capital facilities to be provided by the city can be provided concurrently with the expected development, in accordance with the comprehensive plan.
E.
Whether the public interest will be served by the subdivision and dedication.
F.
The physical characteristics of the proposed subdivision, including flood, inundation, or wetland conditions (which are grounds for disapproval). No plat will be approved if it covers any land situated in a flood control zone (as provided in Chapter 86.16 RCW) without the prior written approval of the state Department of Ecology.
G.
Any information provided as a result of compliance with the State Environmental Policy Act.
H.
Whether geologically hazardous areas and aquifer recharge areas have been protected.
(Ord. 1593, 1998)
§ 15.66.080 Recommendations to accompany plats submitted for final approval.
(Ord. 1593, 1998)
§ 15.66.090 City council review and decision on preliminary plat.
A.
After receiving the recommendation from the planning commission on any preliminary plat, the city council will at its next public meeting set the date for the public meeting where it may approve, approve with conditions, or deny the preliminary plat.
B.
The city council may not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.
C.
Every decision by the city council must be in writing and must include findings of fact and conclusions to support the decision.
(Ord. 1593, 1998)
§ 15.66.100 Dedications.
A.
The city council may require the applicant to dedicate land to the city and/or provide public improvements to serve the subdivision as a condition of subdivision approval. Dedications must be clearly shown on the final plat.
B.
No dedication or provision of public improvements that constitutes an unconstitutional taking of private property will be allowed.
(Ord. 1593, 1998)
§ 15.66.110 Report of decision.
§ 15.66.120 Appeals.
An applicant may appeal the decision of the city council on the preliminary plat to the Pacific County Superior Court in accordance with RMC § 15.08.160.
(Ord. 1593, 1998)
§ 15.68.010 Final plat application.
A.
Persons requesting final plat approval must submit:
B.
If an applicant does not submit all required application materials, the applicant will not be in compliance with this chapter, and the city planner may withhold the application from further consideration until the application is complete.
(Ord. 1593, 1998)
§ 15.68.020 Determination of completeness.
The city planner must notify the applicant that the final plat application has been received and that it is complete or incomplete, in accordance with RMC § 15.08.050.
(Ord. 1593, 1998)
§ 15.68.030 Final plat requirements and certification statements.
Every final plat submitted for approval must conform to the requirements listed in subsections (A) through (L) of this section. The final plat must show the certification statements listed in subsections (M) through (T) of this section, with appropriate signatures and seals before the subdivision is approved and recorded.
A.
The plat must consist of one or more pages of a size acceptable to the city council. The plat must be clearly and legibly drawn on stable base polyester film or equivalent approved material. All drawing and lettering must be in permanent black ink, or an approved equivalent.
B.
The perimeter of the subdivision must be drawn with heavier lines than appear elsewhere on the plat. The scale must be 100 feet equals one inch, unless the city planner approves another scale. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of three inches on the left side and one inch on the remaining sides.
C.
The name of the subdivision, the graphic scale, and the north point must be clearly shown.
D.
The map of the subdivided land must be accurate and be based upon a complete survey by a licensed surveyor.
E.
All section, township, municipal and county lines lying within or adjacent to the subdivision must be clearly shown.
F.
The location of all monuments or other evidence used as ties to establish the subdivision's boundaries, and all permanent monuments with linear dimensions must be clearly shown.
G.
The boundary of the subdivision with complete bearings and linear distances must be clearly shown.
H.
The length and bearings of all straight lines and the radii arcs and semitangents of all curves must be clearly shown.
I.
The length of all lot lines, together with bearings and other data necessary for the location of any lot line in the field must be clearly shown.
J.
The location, right-of-way width, pavement width, centerline and name or number of all streets and alleys within and adjoining the subdivision must be clearly shown.
K.
Numbers assigned to all lots, indication of the acreage and/or square footage of each lot, and letters assigned to all blocks within the subdivision must be clearly shown. A house address system will be provided by the city; provided, however, that an index system will be shown on the plat to allow assignment of house numbers by the city.
L.
Notations of any survey discrepancies must be clearly shown.
M.
Legal Description and Owner's Statement.
Know all men by these presents that I, or we, the undersigned owner, or owners, in fee simple and encumbrances of the land hereby platted, declare that the subdivision as described by the following legal description has been made with the free consent and in accordance with the desires of the owner, or owners: | |
______________ Name of owner | |
______________ Name of owner | |
State of Washington | ) |
) ss | |
County of Pacific | ) |
This is to certify that on the ___ day of A.D., 20____, before me the undersigned, a Notary Public, personally appeared _____________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that _________________ signed and sealed the same as ________________ free and voluntary act and deed for the use and purpose mentioned. | |
Witness my hand and official seal the day and year above written. | |
________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________ | |
N.
Dedication.
Know all men by these presents that I, or we, the undersigned, owner(s) in fee simple of the land hereby platted, hereby declare this plat and dedicated to the public forever all roads, easements, and right-of-way over and across any lots or lots where water might take a natural course, and the original reasonable grading of the roads and right-of-ways shown hereon. |
Following the original reasonable grading of the roads and right-of-way shown hereon, no drainage waters on any lot or lots may be diverted or blocked from their natural course so as to discharge upon any public rights-of-way or to hamper proper drainage. Any enclosing of drainage waters in culverts or drains or rerouting thereon across any lots, as may be undertaken by or for the owner of any lot, must be done by and at the expense of the owner. |
IN WITNESS WHEREOF, we have set our hands and seals. |
O.
Registered Land Surveyor's Certification.
I, a registered land surveyor, do hereby certify that the plat of _____________ is based on actual survey and subdivision of Section _____, Township _______ North, Range _______ East, that the distances and courses and angles are shown thereon correctly and that proper monuments have been set and lot block corners staked on the ground as shown on the lot. |
________________________ Registered Land Surveyor |
P.
Treasurer Certification.
I certify that all property taxes on the land described hereon have been fully paid to and including the year _____. |
____________________ Pacific County Treasurer |
Q.
City Engineer Approval.
I, the City Engineer for the City of Raymond, Washington, have reviewed the plat and have found it to comply with the provisions of the approved preliminary plat and the requirements and standards of the City's subdivision code, and therefore recommend approval on this ___ day of ______, 20_____. |
_______________ City Engineer |
R.
City Council Approval.
The City Council has reviewed the final plat for compliance with the approved preliminary plat requirements and standards of the City's subdivision ordinance, and required letters of recommendations and approve the subdivision on this ____ day of ________, 20_____. |
__________________ Mayor |
ATTEST: |
__________________ City Clerk/Treasurer |
S.
Assessor Approval.
Examined and approved this _____ day of ___________, 20_____. |
_________________________ Pacific County Assessor |
T.
County Officer of Records Certificate (to be signed at the time of recording the approved final plat).
Filed for record at the request of _______, this ____ day of _________, (year) ____ at ________ minutes past _____ o'clock __.M., and recorded in Volume ___ of plats, on page ___, recorded of Pacific County, Washington. |
_________________ Pacific County Auditor |
_________________ Deputy Auditor |
(Ord. 1593, 1998)
§ 15.68.040 Submit title insurance report.
In addition to a completed final plat application form, 10 copies of the final plat with all data, the specified fees, and one reduced scale reproducible mylar or equivalent film copy, the applicant for final plat approval must submit a title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate.
(Ord. 1593, 1998)
§ 15.68.050 Improvements.
A.
To file a final plat, a developer must construct all required improvements of the preliminary plat, repair existing streets and other public facilities damaged in the development of the subdivision, and submit a final plat for approval before filing with the county auditor.
B.
A completion security may be required to receive final plat approval.
C.
A maintenance security may be required to receive final plat approval.
(Ord. 1593, 1998)
§ 15.68.060 Completion security.
A.
If a completion security is required as a condition of final plat approval, the applicant must post a completion security to ensure completion of the improvements within one year of the permit approval.
B.
The amount of the completion security will be 150 percent of the estimated cost of design, materials, and labor on the last day covered by the security, of installing the improvements covered by the security.
(Ord. 1593, 1998)
§ 15.68.070 Maintenance security.
A.
If a maintenance security is required as a condition of final plat approval, all required minimum improvements within any subdivision may be subject to a maintenance bond or other approved surety guaranteeing to the city the successful operation of improvements for a period of two years. The subdivider must file with the final plat one of the following:
1.
A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;
2.
A personal bond approved by the city attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;
3.
Cash;
4.
A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of the stated project.
B.
The bond or other approved surety will be for 20 percent of the estimated value of all required improvements as determined by the city engineer.
C.
When the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements the city engineer will authorize the release of the maintenance bond or surety.
D.
The city engineer may withhold release of the bond or surety up to one year from the date of any restoration or repairs to insure that the restoration or repairs were adequate.
(Ord. 1593, 1998)
§ 15.68.080 Procedure and criteria for city council approval of final plats.
A.
An applicant must submit a final plat to the city council within five years of preliminary plat approval, in accordance with RCW 58.17.140.
B.
When the city planner receives a completed application for final plat approval, he will notify the clerk/treasurer to place the final plat application on the city council's agenda for its next regular meeting not sooner than 10 days after receipt.
C.
The following criteria will be considered when the city council reviews a final plat:
1.
Whether conditions imposed when the preliminary plat was approved have been met. A final plat will not be approved until the city council finds that the final plat conforms to the proposed preliminary plat and any conditions imposed;
2.
Whether the maintenance security assures the successful operation of improvements;
3.
Whether the final plat is in conformance with the city's zoning regulations and all other applicable land use regulations.
D.
When the city council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that the subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, the Raymond Municipal Code, and other applicable local laws, the mayor or other designated member of the city council will sign the final plat.
E.
Every decision of the city council must include findings of fact and conclusions to support the decision.
F.
Any findings supporting the city council's action on the final plat must be recorded in the minutes of the applicable meeting.
(Ord. 1593, 1998)
§ 15.68.090 Filing and distribution of approved final plats.
A.
The original of any approved final plat will be filed for record with the Pacific County auditor by the applicant.
B.
One reproducible mylar or equivalent film copy will be furnished to the city engineer.
C.
One paper copy will be filed with the Pacific County assessor.
D.
Paper copies will be provided to such other agencies as may be required by the city planner.
(Ord. 1593, 1998)
§ 15.70.010 Purpose.
The purpose of this chapter is to accommodate the division of land for the purpose of sale, lease, or transfer of commercial or industrial lots, tracts, or parcels using a procedure other than subdivisions or short subdivisions.
(Ord. 1593, 1998)
§ 15.70.020 Authority.
The Washington State Legislature authorized this optional method of dividing property in RCW 58.17.035.
(Ord. 1593, 1998)
§ 15.70.030 Applicability.
Every division of land located within a commercial (GC, RC, HC, or WFC) or industrial (M-1, M-2) zoning district for the purpose of sale, lease, or transfer into two or more lots, parcels, or tracts in the city of Raymond must proceed in compliance with this chapter, unless the division(s) of land is processed in conformance with the provisions of Chapter 15.64 (Short Subdivision), or Chapter 15.66 (Preliminary Plat) and Chapter 15.68 (Final Plat) RMC.
(Ord. 1593, 1998)
§ 15.70.040 Pre-application conference.
A.
An applicant may request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process, in accordance with RMC § 15.08.040.
B.
If an applicant requests consolidated permit processing, a pre-application conference is required.
(Ord. 1593, 1998)
§ 15.70.050 Submitting binding site plan application, related materials, and fee.
A.
A binding site plan is a drawing which:
1.
Identifies and shows the areas and locations of all streets, roads, improvements, utilities, and open spaces;
2.
Contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and
3.
Contains provisions that require any development to be in conformity with the site plan.
B.
To be considered for binding site plan approval, the applicant must submit the following to the clerk/treasurer, in accordance with RMC § 15.08.060.
1.
A completed binding site plan application form, as provided by the city;
2.
Ten copies of the binding site plan (information required on the binding site plan is the same as information required for preliminary plat approval, as listed on application form);
3.
SEPA environmental checklist, if applicable; and
4.
An application fee (see current fee schedule).
C.
The clerk/treasurer will forward the items in subsections (B)(1) through (B)(3) of this section to the city planner.
(Ord. 1593, 1998)
§ 15.70.060 Determination of completeness.
The city planner must notify the applicant that the binding site plan application has been received and that it is complete or incomplete, in accordance with RMC § 15.08.070.
(Ord. 1593, 1998)
§ 15.70.070 Notice of application.
The city planner must send out a notice of application in accordance with RMC § 15.08.090.
(Ord. 1593, 1998)
§ 15.70.080 City planner review and decision.
A.
After a binding site plan application is complete according to RMC § 15.08.070, the city planner will approve, approve with conditions, or deny the binding site plan.
B.
The decision of the city planner must be in writing and must include findings of fact and conclusions to support the decision.
(Ord. 1593, 1998)
§ 15.70.090 Improvements.
The city planner will approve improvements and finalize specific individual commercial or industrial lots after approval of the general binding site plan.
(Ord. 1593, 1998)
§ 15.70.100 Lots created by binding site plan.
A.
The binding site plan will be filed with the county auditor with a record of survey, after approval, and/or when specific lots are administratively approved.
B.
Lots created through the binding site plan procedure will be legal lots of record.
C.
All provisions, conditions, and requirements of the binding site plan will 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.
D.
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 will be considered a violation of this code and will be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.
(Ord. 1593, 1998)
§ 15.70.110 Report of decision.
§ 15.70.120 Appeals.
An applicant may appeal the decision of the city planner on binding site plan approval to the planning commission in accordance with RMC § 15.08.150.
(Ord. 1593, 1998)