A.

The purpose of the binding site plan is to establish an alternative procedure of land division in lieu of other provisions of Title 18. The intent of the binding site plan process is to promote orderly and efficient community growth consistent with the provisions of RCW 58.17.035. The division of property by the binding site plan process may only be used for the following:

1.

Division of land for the sale or lease of commercial, industrial or other non-residentially zoned property; or

2.

The division of land involving improvements constructed or to be constructed that will be one or more condominiums or owned by an association or other legal entity.

B.

Binding site plans will not be approved unless appropriate provisions and dedications of public rights-of-way, utilities, and easements are made to meet infrastructure provisions per city standards. The city may require a development agreement to be in place for the property for future development.

C.

Administration and application.

1.

Pre-application review is required prior to preliminary binding site plan submittal.

2.

Preliminary binding site plans shall be reviewed under a Type II review consistent with RDC 18.310.070.

3.

Final binding site plans shall be reviewed under a Type I review consistent with RDC 18.310.060.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

An application for a binding site plan may be made by an owner or owners of land, or by an authorized agent of an owner or owners.

B.

The applicant shall submit one original copy of all application materials and electronic copies of all materials. The application shall contain the following:

1.

The entire lot or parcel constituting the applicants land;

2.

Proposed name of the binding site plan (if any);

3.

Accurate and complete legal description of the proposed binding site plan;

4.

Scale, north arrow and date;

5.

Boundary lines based upon a recent land survey of the land proposed to be divided and boundary lines of all proposed lots and streets;

6.

Location and size of water and sewer lines utility easements: and drainage system proposed to serve the lots within the proposed binding site plan and their point of connections with existing services;

7.

Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;

8.

Location of any streets, rights-of-way or easements proposed to serve the lots within the proposed binding site plan with a clear designation of their size, purpose and nature;

9.

External cross circulation and/or joint access in compliance with applicable provisions of the Ridgefield Engineering Standards.

10.

Parcels of land intended or required to be dedicated for streets, open space, or other public purposes;

11.

Contour lines at two-foot elevation intervals for slopes less than twenty-five percent and five-foot elevation intervals for slopes equal to or more than twenty-five percent;

12.

Accurate mapping of critical areas, including wetlands, stream corridors, slopes of fifteen to twenty-four percent, slopes of twenty-five percent and greater, floodplains and slope hazard areas;

13.

Name, mailing address and telephone number owner and/or developer and/or preparer of information;

14.

Environmental checklist, if required by RDC 18.810;

15.

Names and addresses of adjacent land owners shown on the records of the Clark County assessor located within three hundred feet of any portion of the boundary of the binding site plan;

16.

Modifications or variations requested, if any;

17.

Tree preservation and protection plan, meeting the submittal requirements of RDC 18.840; and

18.

Copy of the binding site plan reduced to fit on eight and one-half by eleven-inch paper.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019; Ord. No. 1372, § 2(Exh. E), 10-13-2022; Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

The review authority shall approve a preliminary binding site plan if he or she finds that the following standards are satisfied by the proposed binding site plan:

1.

The binding site plan conforms with the provision of Title 18, including the zoning district standards in which the binding site plan is located;

2.

The binding site plan conforms with the RUACP;

3.

The binding site plan conforms with the binding site plan requirements of RDC 18.550;

4.

The binding site plan conforms with all design and improvement requirements applicable to standard subdivisions, as specified in RDC 18.630 and the City of Ridgefield Engineering Standards for Public Works, including but not limited to, appropriate provisions for:

a.

Public health, safety and welfare,

b.

Open spaces, parks and recreation, and playgrounds,

c.

Drainage systems for stormwater retention and detention,

d.

Streets, sidewalks, alleys and other public ways, transit stops, and other features that assure safe walking conditions for students,

e.

Potable water supplies, and

f.

Sanitary waste disposal.

5.

Unbuildable portions of a preliminary binding site plan lot are protected from development through conservation easements, dedications, or other appropriate means approved by the City.

6.

Based upon subsections (A)(1) through (A)(5) of this section, that the public use and interest will be served and not burdened.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

An applicant may file for a final binding site plan within five years of the date of approval of the preliminary binding site plan.

B.

An applicant for a final binding site plan shall submit to the city the requisite fee and the following information:

1.

The binding site plan, including the following:

a.

The entire lot or parcel constituting the applicant's land;

b.

Binding site plan name (if any);

c.

North arrow and scale;

d.

The taxation parcel number or numbers as assigned to the land proposed to be divided by the Clark County assessor;

e.

The names or recording numbers of any contiguous subdivisions, short subdivisions, or binding site plans;

f.

Lot corners and lines marking the division of the land;

g.

Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;

h.

Location of any roads, rights-of-way, or easements proposed to serve the lots within the binding site plan with a clear designation of their size, purpose and nature, as well as street names;

i.

Tracts (if any) and the purpose of each;

j.

The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided as enumerated in subsections (ii)(A) and (B) below, as well as the acknowledged signatures of all owners of property over which access or utility easements pass unless such easements are previously or simultaneously recorded by separate instrument in the county auditor's office, certifying the following:

i.

In case of a binding site plan not containing a dedication:

(A)

A full and correct legal description of the land to be divided as it appears on the binding site plan;

(B)

A statement of free consent in substantially the following form, the reference to easements to be omitted where not applicable:

Know all men by these presents that: _____ are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and divided through a binding site plan process as shown hereon and do hereby grant and reserve the easements as shown hereon for the uses indicated hereon.

…

(Name)

…

(Name)

ii.

In the case of a binding site plan containing a dedication or easement:

(A)

A full and correct legal description of the land to be divided as it appears on the binding site plan;

(B)

A statement of free consent and waiver of claims for damages in substantially the following form:

DEDICATION AND WAIVER OF CLAIMS

Know all men by these presents that are the owners and all other parties having any interest in the land hereon described have with their free consent and in accordance with their desires caused the same to be surveyed and divided through a binding site plan process as shown hereon do hereby dedicate those roads, rights-of-way or easements shown a public dedications hereon to the use of the public: do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Ridgefield and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way and do hereby grant and reserve the easements as shown hereon for the uses indicated.

…

(Name)

…

(Name)

iii.

If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite said waiver;

k.

A certificate by a surveyor certifying to the accuracy of the survey and binding site plan in substantially the following form:

I, _____, Professional Land Surveyor, do hereby certify that the binding site plan as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.

_____
(Surveyor's Signature, seal and number);

l.

Signature blocks for the:

i.

City engineer;

ii.

Public works director;

iii.

Community development director;

iv.

Mayor;

v.

County auditor; and

vi.

County assessor.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

The review authority shall approve a final binding site plan if they find:

1.

It complies with the decision approving the preliminary binding site plan;

2.

The applicant has fulfilled all conditions of approval of the preliminary binding site plan and the requirements of this title; and

3.

The binding site plan application complies with the submittal requirements of RDC 18.550.040.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

The city engineer will review each application to determine if there is or may be a need for public access through or abutting a proposed binding site plan. If such a need does or may exist, they may recommend that any approval be conditioned upon the dedication of right-of-way and the construction of needed streets to city standards. If the proposed binding site plan abuts an existing right-of-way, the city engineer may recommend that additional right-of-way be dedicated to obtain one-half the required width of the street as established by any street plan and that the right-of-way be improved to city standards.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

The applicant may, as an alternative to actual construction of required public improvements, provide a surety bond or other secure method providing for and securing to the city the actual cost of construction of required public improvements within a specified period of time and expressed in the bond or other method of security. Any bond or other method of security shall specify the improvements covered and the schedule for completion.

B.

The bond or other method of security shall be subject to approval by the city engineer prior to approval of the final binding site plan by the administrator. In no case shall the amount of the bond or other method of security be less than one hundred twenty percent of the actual estimated cost of the improvements.

C.

All improvements to be privately improved and maintained must be fully constructed prior to approval of the final binding site plan.

D.

The applicant shall comply with the bonding requirements in RDC 18.401.120.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019; Ord. No. 1370, § 2(Exh. A), 9-8-2022)

A.

All approved binding site plans shall be filed for record in the office of the Clark County Auditor. The applicant shall be responsible for payment of all filing fees. The lots, parcels, or tracts created through this procedure are legal lots of record. All provisions, conditions, and limitations on the binding site plan are binding on the owner, purchaser, or any other person acquiring a lease or other interest of any lot, parcel, or tract created pursuant to the binding site plan. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, without a binding site plan approval, is a violation of RCW 58.17 and this Title and shall be restrained by injunctive action and be illegal as provided in RCW 58.17.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

When any person desires the alteration of an approved binding site plan or portion thereof, an application shall be filed with the city on forms provided by the city. The application must include the signatures of a majority of the owners of the lots, tracts, parcels, sites or divisions in the division or portion to be altered and include a list of all owners within the division. If the division is subject to restrictive covenants, which were filed at the time of the approval of the division and the alteration would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. The alteration procedure is as follows:

1.

Upon receipt of a completed application, the administrator shall notify all owners of property within the binding site plan.

2.

Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies.

3.

The administrator may review the proposed alteration using a Type I process if it is determined that the proposed modification would not have a substantial impact on adjacent properties or conditions of approval, or if the administrator determines that the public use and interest will be served by the alteration. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a change of condition.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)

A.

A binding site plan may be vacated in accordance with RDC 18.620.150 and RDC 18.620.160.

(Ord. No. 1291, § 2(Exh. A), 5-23-2019)