1242_00001ORDINANCENO.1242
ANORDINANCEAMENDINGCHAPTER17.26 OF THE MOSESLAKEMUNICIPALCODEENTITLED"BINDINGSITE PLAN"
THECITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Chapter 17.26 of the Moses Lake Municipal Code entitled "bindingisiteplanisamendedtoreadasfollows:
17.26.010 Purpose:The procedures regulating binding site plans are es-tablished to provide an alternative procedure for the or-derly and efficient division of land into lots,tracts,or parcelsforthepurposeofleaseforindustrialorcommercialusesofthelanduponwhichnoresidentialstructureswillbeplacedotherthanmobilehomesortraveltrailers,when more than one (1)principalbuildingistobeconstructedonone(1)lot of record;to promotethegeneralhealth,safety,and welfare;and to substantially com-ply with the provisions of RCWChapter 58.17.The proceduresspecifiedhereinareavailableinadditiontoothermethods forsubdividinglandanduseofthisprocedureandthebindingsiteplanconceptisoptionalandadevelopermay,but need not elect toutilizetheconceptandtheproceduresstatedhereinforcommercialandindustrialdevelopment.The binding site plan shall be therequiredmethodofdevelopmentformobilehomeparks.The bindingsiteplanproceduresofthischaptershallhaveprincipalapplica-tion to commercial and industrial parks and mobile home parks.
17.26.020 Binding Site Plan Conditions and Requirements:
A.General Conditions and Requirements:
1.Binding site plans shall be filed for the record in theiCountyAuditor's Office.
2.When a commercial or industrial binding site plan au-thorizes a sale or transfer of a lot,parcel,or tract.The binding site plan and all of its requirements shallbelegallyenforceableonthepurchaserorotherpersonacquiringownershipofthelot,parcel,or tract.Thesaleortransferofsuchlot,parcel,or tract in viola-tion of the binding site plan,or without obtaining abindingsiteplanapproval,shall be considered a viola-tion of Chapter 58.17 RCWand shall be restrained byinjunctiveactionandbeillegalasprovidedinChapter58.17.The sale or other transfer of ownership of alot,parcel,or tract of a commercial or industrialbindingsiteplanshallbefiledfortherecordin theCountyAuditor's office.
3.Mobile home park and recreational vehicle park bindingsiteplansshallnotauthorizethesaleortransferofownershipofalot,parcel,or tract of the binding siteplan.
4.Alteration of an approved binding site plan shall be
i accomplished by submitting an amended binding site plantothePlatAdministrator.The amended binding siteplanshallbeprocessedsubjecttoalltheproceduresandrequirementsofthischapter.
5.A binding site plan may be vacated in conformance withtheproceduresofChapter58.11 RCW.
6.The binding site plan shall make adequate provision forroads,streets,curbs,gutters,sidewalks,street light-ing circuits,alleys,the extension of municipal utili-ties (sewer and water),drainage ways,other publicways,or other municipal improvements as deemed neces-sary in conformance with the city Community Street and
ORD.1242/Page 2
Utility Standards and city Design Standards in effect atthetimeofthebindingsiteplanapproval.
7.The binding site plan shall front on an existing dedi-
cated street.There shall be adequate access to all par-cels;lots;or tracts.Dedicated streets shall be im-
proved to city standards.Private streets shall have
direct access onto a dedicated street.
8.The binding site plan shall comply with all zoning and
heath regulations.
9.The binding site plan shall be consistent with thecity's Comprehensive Plan.
10.The binding site plan shall provide for irrigation waterright-of-ways as now enacted or hereafter amended.
11.A street lighting plan as may be required by the City
Engineer must be provided.The plan must be approved by
the Grant County PUDand include certification that all
street lighting fees have been paid or that arrangements
acceptable to the city and the PUDhave been made for
the payment of required fees.
12.Environmental information shall be prepared and submit-
ted in accordance with the guidelines established under
the State Environmental Policy Act of 1971;as amended.
Said information is a part of and must accompany the
binding site plan application.
13.Unless an applicant for a binding site plan requests
otherwise and where the Plat Administrator agrees;abindingsiteplanshallbeprocessedsimultaneouslywith
the application for rezones;variances;planned unitdevelopments;site plan approvals;and similar quasi-
judicial or administrative actions to the extent thatproceduralrequirementsapplicabletotheseactionsper-mit simultaneous processing.
14.Every decision or recommendation made under this chapter
by the Council or Planning Commission shall be in writ-
ing and shall include findings of fact and conclusions
to support the decision or recommendation.
15.Sinding site plans shall be approved;disapproved;orreturnedtotheapplicantformodificationwithinninety
(90)days from the date of filing unless the applicant
consents to an extension of such time period.Provided;
that if an Environmental Impact Statement is required asprovidedinRCW43.210.030;the ninety (90)day period
shall not include the time spent preparing and circulat-
ing the Environmental Impact Statement by the local
governmental agency.
16.No binding site plan may be approved unless the city
makes a formal written finding of fact that the proposed
binding site plan is in conformance with any applicable
zoning ordinances;or other land use controls which mayexist.
B.Specific Conditions and Requirements:
1.Prior to submission of a binding site plan application;
the subdivider or the subdivider's representative shall
schedule a pre-application conference with the Plat Ad-
ministrator and representatives of other affected city
departments.The subdivider shall present a conceptual
idea of the binding site plan.The Plat Administrator
and representatives of affected city departments will
ORD.1242/Page 3
respond informally and address potential items of con-cern to aid the subdivider in preparing the binding siteplan.
2.The binding site plan application and map shall be filed
with the Plat Administrator on forms prescribed by theCommunityDevelopmentDivisionoftheMunicipalServicesDepartment.Said application shall be accompanied bytwelve(12)copies of the binding site plan and master
i plan.
3.The binding site plan and master plan [twelve (12)setsofprintsplustheoriginaltracingandareproduciblemylarcopy]shall be a neat and accurate drawing inblackpermanentinkprepared,stamped,and signed by aregisteredprofessionallandsurveyorlicensedbytheStateofWashington.The trimmed size of the bindingsiteplanandmasterplanshallmeasureeighteeninches(18")by twenty-four inches (24")with a one and a halfinch(1 1/2")margin on the top or left margin and ahalfinch(1/2")border on the remaining three (3)mar-gins.The binding site plan shall be drawn on two (2)or more sheets if the scale necessary to accommodate the
map on one (1)sheet would unduly congest the drawing.
4.The subdivider shall submit a master plan for develop-ment of the binding site plan.
5.The subdivider shall submit a list of the names and ad-dresses of all owners of record of property within threehundredfeet(300')of the external boundaries of theproposedbindingsiteplan.In addition,the subdividershallsubmitalistofthenamesandaddressesofallownersofrecordofrealpropertywithinthreehundredifeet(300')of real property which lies adjacent to theexternalboundariesoftheproposedsubdivisionandisownedbythesubdivider.
6.The binding site plan shall bear all inscriptions orattachmentssettingforthappropriatelimitationsandconditionsfortheuseoftheland.
7.The binding site plan shall contain provisions makingalldevelopmentsconformwiththebindingsiteplan.
8.A non-refundable fee of one hundred thirty dollars($130)shall accompanyeach and ever.y application for abindingsiteplan.
9.Required dedication of all streets,right-of-ways,parks,playgrounds,easements,reservations,irrigationwaterright-of-ways,and any area to be dedicated topublicuse,together with any restrictions or limita-tions thereon shall be submitted as a part of the bind-ing site plan.
10.The binding site plan be accompanied by the following:
I a.A plat certificate from a title company licensed todobusinessintheStateofWashingtonanddatedwithinthirty(30)days of the date of filing ofthebindingsiteplanandapplicationwiththePlatAdministratorconfirmingthatthetitleoftheland
as described and shown on the binding site plan isinthenameoftheownerssigningthebindingsiteplanorinstrumentofdedication.
b.A certificate from the Grant County Treasurer in-dicating that all taxes and assessments on thepropertyincludedinthebindingsiteplanor dedi-cation have been paid according to the provisions
ORD.1242/Page 4
of RCW58.08.030 and RCW58.10.040 as now enacted
or hereafter amended.
c.A certificate from the city Finance Director in-dicating that there are no delinquent special as-sessments or liens on the property included in thebindingsiteplanordedication.
d.All covenants proposed to run with the land.
11.The binding site plan shall contain the following:
a.All documents maps;and survey notes shall clearlyshowthenameofthebindingsiteplan,the name(s)
of the subdivider(s)and the name of the registeredlandsurveyorresponsibletothesubdivider(s).
b.The lines and names of all streets or other public
ways,parks,playgrounds and easements intended tobededicatedforpublicuse;or granted for use ofinhabitantsofthebindingsiteplan.
c.The lines and names of all existing or platted
streets or other public ways;parks;playgrounds;
and easements adjacent to the binding site plan;ordedication;including municipal boundaries;town-ship lines;and section lines,
d.Block and lot locations including dimensions and
number designations.
e.The lengths and bearings of all straight lines;
curve radii;arcs;and semi-tangents of all curves.
f.All dimensions along the lines of each lot;with
the true bearings and also any other data necessaryforthelocationofanylotlineinthefield.
g.Suitable primary control points;approved by the
City Engineer or descriptions and ties to such con-trol points;to which all dimensions;angles bear-
ings;and similar data given on the plan shall be
referred.
h.The location of all permanent monuments.
i.The names of all subdivisions immediately adjacentthereto.
j.The date;true north point;scale;datum plane;and
date of survey.
k.The boundary of the binding site plan;the coursesanddistancesmarkedthereon;as determined by afieldsurveymadebyaregisteredandqualified
land surveyor of the state;and with an allowable
error not to exceed one foot (1')in five thousand
feet (5;000')and one foot (1')in ten thousand
feet (10 000')in the Central Business District.
1.The elevations of all permanent monuments based on
a datum plane approved by the City Engineer.
m.Certification by a registered land surveyor of ac-
curacy of the binding site plan map and survey.
n.Statement by the owner dedicating streets right-
of-ways;and any sites for public use.
o.Location and dimensions of all irrigation water
right-of-ways.
ORD.1242/Page 5 p.All linear dimensions shall be given in feet anddecimalsofafoottothenearesthundredth.
q.The scale of the binding site plan shall be not
more than one hundred feet (100')to the inch.Ex-cept that the City Engineer;subject to a requestpriortobindingsiteplansubmittal;may approveanalternativebindingsiteplanmapscalenottoexceedonehundredfeet(100')to the inch.
I r.If the binding site plan constitutes a redivision;the lots;blocks streets;etc.of the originalplatshallbeshownbydottedlinesintheirproperpositionsinrelationtothenewarrangementofthebindingsiteplan;the binding site plan being soclearlyshowninsolidlinesastoavoidambiguity.
s.The subdivider's land surveyor shall set all re-quired monumentsand shall stake all lot corners asshownonthebindingsiteplanbeforethebindingsiteplanissubmittedforapproval.
t.If any of the parcels can be further divided or ifonlyaportionofatractisbeingdivided;loca-tion of future streets;alleys;and lot lines shallbeshownbydottedlines.
u.A vicinity map at a scale of not more than fourhundredfeet(400')to the inch.Except that theCityEngineer;subject to a request prior to platsubmittal;may approve an alternative vicinity mapscaleexceedingfourhundredfeet(400')to theinch.The vicinity map shall showall adjacentparcels.It shall show how the streets and alleysintheproposedsubdivisionmayconnectwithexist-i ing and proposed streets and alleys in neighboringsubdivisionsorunplattedpropertytoproduceanadvantageousdevelopmentoftheentireneighborhood.
v.Provide street names.
w.United States Bureau of Reclamation horizontal andverticaldataincludingbenchmarks.
12.A master plan on a separate sheet or sheets showing thefollowinginformation:
a.Location and sizing of existing and proposed utili-ties including water;sewer;storm drains;elec-tricity;gas;telephone;cablevision lines;curbandgutter;and street lights.
b.Existing and proposed structures and natural fea-tures and all proposed improvements within and ad-joining the proposed binding site plan,
c.Utility grades based on datum plane approved by theCityEngineer.As required by the City Engineer;I topography of the area with a maximumof two foot(2')intervals of contours.
d.Present zoning classification on and adjacent tothebindingsiteplan.
e.Public dedications for park land,
f.Name(s)of owner(s)of the proposed binding siteplan.
ORD.1242/Page 6
g.Location and dimensions of all existing and pro-posed irrigation water right-of-ways on and adja-
cent to the proposed binding site plan.
13.Any deed restrictions or covenants existing or proposedshallbedrawnonthebindingsiteplan.
14.Submit all lot,block,and boundary closures to the City
Engineer.
15.The binding site plan shall contain the legal descrip-
tion of the subdivision and the following dedication,acknowledgment,and endorsement statements shall appearinthefollowingsequenceinblackpermanentinkeither
by hand or mechanical device:
Legal Description:
Declaration:
The owner in fee simple of the land herein described is
.The owner does hereby establish a binding site
plan for the purpose of lease of portions thereof,pursuant to RCWChapter
58.17,and Title 17 of the Moses Lake Municipal Code and that the undersigned
declares that development of the property herein described shall conform to
all inscriptions contained hereon.
Dedication:
We the undersigned,owners in fee simple of the land herein described do here-
by dedicate to the City of Moses Lake forever the
i
and do hereby grant a waiver of all claims for damages against any governmen-
tal authority arising from the construction and maintenance of public facili-
ties and public property within the binding site plan.
Signature Date Signature Date
Signature Date Signature Date
Acknowledgment
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that signed
this instrument and acknowledged it to be his/her free and voluntary act for
the uses and purposes mentioned in the instrument.
Dated
Signature of Notary Public
My appointment expires
Inscriptions:
ORD.1242/Page 7
Land Surve.yor's Declaration:
I hereby certify that this binding site plan is a true and correct rep-resentation of the lands actually surveyed.
I hereby declare that the binding site plan of ,theheretoforedescribedtractofland,is based upon an actual survey and thatallthedistancesandcoursesshownthereonarecorrecttothebestofmyIknowledge,information,and belief;and that I have fully complied with theprovisionsofthestatutesandplattingregulations.
Professional Land surveyorCertificateNo.
Approvals:
Examined and approved on 19 pursuant to RCWand Title17MosesLakeMunicipalCode.¯¯¯¯
Plat Administrator
Examined and approved by the Moses Lake City Engineer on ,19 .
City Engineer
Examined and approved b.y the Moses Lake Planning Commission on ,19 .
I Planning Commission Chairman
Examined and approved by the Moses Lake City Council on ;19 .
City Manager
ATTEST:
City clerk
This is to certify that all taxes and assessments which are now due andpayableaccordingtotherecordsofGrantCountyhavebeenfullypaid.
Grant County Ireasurer
Date
Filed for the record at the request of the City of Moses Lake this dayof;19 ,in Volume of Plats,on page records ofGrañtCounty,Washingfää.
Grant countyAuditor
>y Deputy Auditor
17.26.025 Preliminary Non-Binding Advisory Review
A.The subdivider may request a preliminary non-binding advisoryreviewoftheproposedbindingsiteplanbythePlanningCom-mission prior to preparation and submitta1 of a conclusivebindingsiteplan.Upon a request for a preliminary non-binding advisory review the proposed binding site plan mustbesubmittedtotheCommunityDevelopmentDivisionofthe
ORD.1242/Page 8
Municipal Services Department in substantial compliance with
Section 17.26.020 of this chapter entitled General Conditions
and Requirements as approved by the City Engineer.
B.The binding site plan will be referred to other departments,
agencies,and offices in compliance with Section 17.26.030 of
this chapter.Notice of a public meeting to consider the
preliminary binding site plan will be provided as stipulated
in Section 17.20.070 entitled Notice of Public Hearing.Non-
binding advisory review b.y the Planning Commission will be
scheduled for the next regular meeting of the Commission fol-
lowing termination of the referral period and upon completion
of the notice of public meeting process.
17.26.030 Referral to Other Departments;Agencies,and Offices:
A.Upon receipt of a complete and satisfactory conclusive bind-
ing site plan application;the Plat Administrator shall dis-
tribute copies of the binding site plan to each of the foi-
lowing offices;departments;or agencies within two (2)work-
ing days from receipt:
1.Public Utility District
2.Gas Company
3.Telephone Company
4.Engineering Division of the Municipal Services Depart-
ment (three copies)
5.Fire Department
6.Building and CommunityDevelopment Divisions of the
Municipal Services Department
7.Grant County Health District
8.Any irrigation district with jurisdiction
9.Grant County Assessor
10.Communications Company
B.The Plat Administrator shall further notify the Police De-
partment Park and Recreation Department;and City Manager
that a binding site plan has been received.
C.Notice of the filing of a binding site plan located in the
city and adjoining the municipal boundaries thereof shall be
given to the Grant County Planning Department.
D.Notice of the filing of a binding site plan located adjacent
to the right-of-way of a state highway shall be given to the
State Department of Highways.
E.Each office;department,or agency shall file written recom-
mendations with the Plat Administrator within fifteen (15)
calendar days from the date of filing of the binding site
plan with the Plat Administrator.If any such office de-
partment or agency fails to file a written recommendation
within the time limitation,it may be presumed that such of-
fice;department;or agency has no recommendation.
1.Within fifteen (15)Calendar days of filing of the bind-
ing site plan the City Engineer shall review the binding
site plan and submit to the Plat Administrator a written
report with respect to the following conditions:
a.That the proposed binding site plan bears the re-
quired certificates and statements of approval.
ORD.1242/Page 9
b.That a title report furnished by the subdividerconfirmsthetitleofthelandandtheproposedbindingsiteplanisvestedinthenameofthe
owner whose signature appears on the binding siteplan.
c.That the binding site plan is technically correct
as certified by the land surveyor responsible forthebindingsiteplan.I 2.Within fifteen (15)days of filing of the binding siteplanthelocalhealthdistrictorotheragencyfurnish-ing sewage disposal and supplying water shall review thebindingsiteplanandsubmittothePlatAdministratorawrittenreportrecommendingapprovalordisapprovalof
the binding site plan as to the adequacy of the proposed
means of sewage disposal and water supply.
3.Within fifteen (15)days of filing of the binding siteplantheappropriateirrigationdistrictservingorfromwhichtherealpropertyisentitledtobeservedwithirrigationwatershallreviewthebindingsiteplanandsubmittothePlatAdministratorawrittenreportrecom-mending approval or disapproval of the binding site plan
as to the adequacy of the proposed means of the delivery
of irrigation district entitlement water and as to theadequacyoftheproposedmeansofremovalofirrigationwastewater.
F.If the binding site plan is found to be unacceptable,a cer-tified letter shall be mailed to the subdivider within twenty(20)days of receipt of the application.
G.The Plat Administrator may determine that a meeting shall beiheldtoresolvemajorissuesidentifiedasaresultoftherecommendationsofotheroffices;departments;or agencies.Such meeting shall be attended by those offices;departments;
or agencies responsible for the recommendations and must in-
clude the applicant and the Plat Administrator.The proceed-ings and results of the meeting shall be documented by
minutes.
17.26.040 Variances:
A.Any subdivider can make application to the Planning Commis-sion for a variance of any provision contained in this chap-
ter provided the request is received concurrently with theproposedbindingsiteplanordedication.Such applicationshallincludeanyandalldetailsnecessarytosupporttheapplication.All variance requests must be forwarded to theCouncilforapprovalwiththebindingsiteplanandthePlan-ning Commission's recommendation.
B.The Council shall not grant a variance of the subdivisionregulationsunlessitshallfindthatallofthefollowingconditionsexistineachcaseofarequest:
I 1.There are special physical circumstances or conditionsaffectingsaidrealpropertysuchthatstrictapplica-tion of the provisions of this title would cause an un-usual and unnecessary hardship on the subdivider.
2.The granting of the variance will not be detrimental tothepublichealth;safety;or welfare or injurious tootherpropertyinthevicinity.
3.In granting variances the Council may require such con-ditions as will secure,in so far as practicable;theobjectivesoftherequirementvaried.Any variance au-thorized shall be entered in the minutes of the Counciltogetherwiththecircumstancesthatjustifythevariancegranted.
ORD.1242/Page 10
17.26.050 Dedications:Dedication of all streets;right-of-ways;parks;
playgrounds,easements reservations,irrigation water right-of-
ways,and any area to be dedicated to public use,together with
any restrictions thereon shall be submitted as a part of the bind-
ing site plan;approved by the Council;and,shall be recorded and
filed as a part of the binding site plan with the County Auditor.
17.26.060 Planning Commission Public Hearing:When the Plat Administrator
determines that the completed binding site plan is acceptable,the
Plat Administrator shall set a date for a public hearing before
the Planning Commission.The Planning Commission shall conduct ahearingonthebindingsiteplannotlessthantwenty(20)days
nor more than forty-five (45)days after receipt of the completed
binding site plan.
17.26.070 Notice of Public Hearing:The Plat Administrator shall give
notice of the time,location,and purpose of the public hearing in
the following manner:
A.At least one (1)public notice shall be published not less
than ten (10)days prior to the hearing in a newspaper of
general circulation within the city and the area where the
real property that is proposed to be subdivided is located.
B.Three (3)notices shall be posted on or adjacent to the land
proposed for the binding site plan at least ten (10)days
prior to the public hearing date.
C.One (1)notice shall be mailed via the U.S.mails to each
owner of property within three hundred feet (300')of the
property proposed for the binding site plan at least ten (10)
days prior to the public hearing.
D.If the owner of the real property which is proposed for the
binding site plan development owns another parcel or parcels
of real property which lies adjacent to the real property
proposed for binding site plan development;one (1)notice
shall be mailed via the U.S.mails to each owner of property
located within three hundred feet (300')of any portion of
the boundaries of such adjacent located parcels of real prop-erty owned by the owner of the real property proposed for the
binding site plan.
E.Notice shall be sent to the Grant County Planning Department
and to the State Department of Highways respectively if the
binding site plan is adjacent to municipal boundaries or if
the binding site plan is adjacent to a state highway.
17.26.080 Planning Commission Action:
A.The Plat Administrator shall transmit the application,the
binding site plan;respective comments and recommendations
from other offices and agencies comments and recommendations
from city departments;and Community Development Division
comments and recommendations to the Planning Commission prior
to the hearing.
B.The Planning Commission shall review the binding site plan;
municipal recommendations,testimony,and exhibits submitted
at the hearing and make recommendations thereon to the Coun-
cil to assure conformance of the proposed binding site plan
with the Comprehensive Plan;Zoning Ordinance;Community
Street and Utilit.y Standards,and city Design Standards.The
Planning Commission shall recommend the Council approve,con-ditionally approve or disapprove the binding site plan.
17.26.090 Council Action:
A.Upon receipt of a Planning Commission recommendation;the
Council shall;at its next regular meeting;set a date for a
public meeting to be scheduled for the Council's next regular
ORD.1242/Page 11
meeting.The Council shall consider and adopt or reject thePlanningCommission's recommendation.
B.If the Council finds that the binding site plan conforms toallrequirementsofthischapter,the requirements of RCWChapter58.17,other applicable state laws,and any otherrequirementsitshallapprovethebindingsiteplanandthatactionshalldirectthecityManagertosigntheplan.
C.If the Council,after considering the recommendation at aipublicmeetingdeemsnecessaryachangeintherecommendationofthePlanningCommission,such a change shall not be madeuntiltheCouncilholdsapublichearingtoconsidertheirownrecommendations.The hearing before the Council shall beheldandconductedinthemannerprescribedforthePlanningCommissionwithpublicnoticegiveninthemannerprescribedforthePlanningCommissionhearing.
17.26.100 Final Filing Fees:Upon Council approval of the binding site planandwithinfifteen(15)days thereafter,the applicant shall remitthefollowingfeespriortothebindingsiteplanbeingofficiallysignedandrecordedwiththeCountyAuditor:
A.A check payable to the Count.y Auditor sufficient to cover therecordingfees.
8.When applicable,voluntary payment in lieu of a dedication oflandortomitigateadirectimpactthathasbeenidentified
as a consequence of a proposed binding site plan as allowedbyandpursuanttoRCW82.02.020.
C.When applicable,a certificate from the Grant County Auditorcertifyingthatcovenantstothepropertytitlehavebeenrecordedandfiledshallaccompanythebindingsiteplan.
17.26.110 Final Filing:
A.Upon receipt of all required final fees the binding site planshallbesignedbythefollowingofficials:
1.City Engineer
2.City Manager
3.City Clerk
B.The Plat Administrator shall transmit the original mylar totheCountyAuditorforfinalfiling.One reproducible copyshallbeforwardedwiththeoriginaltobeconfirmedandre-turned to the City Engineer for the his records.One papercopyshallbefiledwiththeCountyAssessor.
17.26.120 Certificate of Segregation -Building Permit:
A.Prior to the issuance of any building permit for constructionwithinanapprovedbindingsiteplan,that portion of thebindingsiteplanforwhichthebuildingpermitisrequestedmustbelegallydescribedandreceiveacertificateofIsegregationfromtheCommunityDevelopmentDivisionoftheMunicipalServicesDepartment.Said certificate shall insurethesegregationofconstructioncomplementsoftheapprovedbindingsiteplan.
B.Approval of the binding site plan shall constitute approvalforthebindingsiteplanapplicanttodevelopconstructionplansandspecificationsforallstreetandutilityimprove-ments required by the Council in granting approval of thebindingsiteplan.
ORD.1242/Page 12
17.26.130 Improvements:
A.Prior to filing the binding site plan all public street and
utility improvements required by Council in granting binding
site plan approval including all street and utility improve-
ments required to service the binding site plan shall be in-
stalled and completed by the developer and accepted by theCouncil.
B.Prior to the issuance of a building permit for construction
within a binding site plan all private on-site street andutilityimprovementsrequiredbytheCouncilingranting
binding site plan approval including all street and utility
improvements required to adequately service that portion of
the plan for which a building permit is requested shall be
installed and completed by the developer and accepted by thecity.
C.Prior to filing of the binding site plan the subdivider shall
file with the Plat Administrator,three (3)complete sets of
preliminary construction plans and specifications prepared by
a professional engineer licensed by the State of Washington
showing all public and private street and utility improve-
ments as required by the Council in granting approval of thebindingsiteplan.The construction plans and specifications
shall be accompanied by a minimum plan check fee of one hun-
dred fifty dollars ($150).All construction plans and
specifications shall be in conformance with city Design Stan-
dards for public streets and utilities and the Community
Street and Utility Standards.Sheet size shall be twenty-four inches (24")by thirty-six inches (36")and shall have aborderofoneinch(1")on the left margin and one half inch
(1/2")on the remaining three margins.The scale shall be
five feet (5')vertically unless grades exceed ten percent
(10%)and forty feet (40')horizontally.
1.The preliminary construction plans and specificationsshallbeforwardedtotheCityEngineerwithintwo (2)
days of receipt by the Plat Administrator.Within twen-
ty (20)days of filing of the plans with the Plat Ad-
ministrator the City Engineer shall approve;condition-
ally approve;or disapprove the plans.The subdivider
shall submit one (1)set of reproducible mylar and three(3)sets of specifications which have been approved for
the City Engineer's signature;records;and use.
2.After the City Engineer has approved the construction
plans and specifications;the subdivider shall complete
and install all improvements.
D.The Engineering Division of the Municipal Services Department
or a licensed professional engineer or engineering firm hired
by the city shall be responsible for the inspection of all
subdivision improvements to insure conformance with the ap-proved plans and specifications.The subdivider shall
deposit an inspection fee in the amount of two and a half
percent (2 1/2%)of the estimated construction cost of thebindingsiteplanimprovements.The inspection fee shall be
based on the actual cost of labor;materials;and equipment
plus fifteen percent (15%)for overhead.If the final cost
is less than the amount deposited;the difference will be
refunded.
E.Upon completion of public street and utility improvements and
prior to acceptance by Council;the subdivider shall submit a
maintenance bond in the amount of one hundred percent (100%)
of the cost of construction.Said bond shall be in effect
for one (1)year from the date of acceptance.
†
A4
Simplex mode
Mode Recto
Simplex·Modus
Modo símplex
Modo simplex
ORD.1242/Page 13
17.26,140 Performance Bond:
A.In lieu of completing and installing all required publicstreetandutilityimprovementspriortofilingthebindingsiteplanthesubdividermaypostaperformancebondorotherapprovedsecurityinaformsatisfactorytotheCityAttorney.
I B.The performance bond or approved security shall be in anamountequaltoonehundredfiftypercent(150%)of the esti-mated cost as determined by the Municipal Services Director;of such improvements required by the Council in granting ap-proval of the binding site plan.
C.All required public street and utility improvements listed intheperformancebondorapprovedsecuritymustbeinstalled;completed,and accepted by the city within one (1)year ofthedateoffilingofthebindingsiteplan.In the eventthatallpublicstreetandutilityimprovementsarenotcom-pleted within the time limit specified in the performancebondorapprovedsecuritythebondorsecuritymaybefor-feited and the city may undertake the installation and com-pletion of all required public street and utilityimprovements.
17.26.150 Vested Rights:A binding site plan shall be governed by the termsofapprovalofthebindingsiteplan;and the statutes;ordinan-
ces,and regulations in effect at the time of approval and for aperiodoffive(5)years after binding site plan approval unlesstheCouncilfindsthatachangeinconditionscreatesaseriousthreattothepublichealthorsafety.Lots parcels,or tractsinabindingsiteplanfiledforrecordshallbeavalidlandusenotwithstandinganychangeinzoninglawsforaperiodoffive(5)i years from the date of filing.
17.26.160 Appeals:Any decision approving or disapproving any binding siteplanshallbereviewableasprovidedbylawbywritofreviewbe-fore the Superior Court of Grant County.Said application for awritofreviewshallbemadetothecourtwithinthirty(30)daysfromanydecisiontobereviewed.The cost of transcriptions ofallrecordsorderedcertifiedbythecourtforsuchreviewshallbebornebythepartyseekingreviewintheSuperiorCourtandnotranscriptsshallbepreparedorprovidedpriortoreceiptofpay-ment for them.
Section 2.This ordinance shall take effect and be in force five (5)daysafteritspassageandpublicationasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on November 25,1986.
I tity Clerk
APPROVEDAS TO FORM:
Ëfornby -*m.
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