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1352_00001ORDINANCENO.1352 AN ORDINANCEAMENDINGCHAPTER17.26 OF THEMOSESLAKEMUNICIPALCODEENTITLED"BINDINGSITE PLAN" THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS: Section 1.Chapter 17.26 of the Moses Lake Municipal Code entitled "Binding i Site Plan"is amended as follows: 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 theCountyAuditor'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 by in-junctive action and be illegal as provided in Chapter58.17.The sale or other transfer of ownership of a lot,parcel,or tract of a commercial or industrial bindingsiteplanshallbefiledfortherecordintheCountyAuditor's office. 3.Mobile home park and recreational vehicle park Binding i Site Plans shall not authorize the sale or transfer ofownershipofalot,parcel,or tract of the binding siteplan. 4.Alteration of an approved binding site plan shall be ac-complished by submitting an amended binding site plan tothePlatAdministrator.The amended binding site planshallbeprocessedsubjecttoalltheproceduresandre-quirements of this chapter. 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 (sewerand water),drainage ways,other public ways,or other municipal improvements as deemed necessary inconformancewiththecityCommunityStreetandUtilityStandardsandcityDesignStandardsineffectatthetimeofthebindingsiteplanapproval. 7.The binding site plan shall front on an existing dedicat-ed street.There shall be adequate access to all parcels,I lots,or tracts.Streets shall be improved to city stan-dards.Private streets shall have direct access onto adedicatedstreet. 8.The binding site plan shall comply with all zoning andheathregulations. 9.The binding site plan shall be consistent with the city'sComprehensivePlan. 10.The binding site plan shall provide for irrigation waterright-of-ways as now enacted or hereafter amended. -1 - 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 submitted 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,a binding site plan shall be processed simultaneously with the application for rezones,variances,planned unit developments,site plan approvals,and similar quasi- judicial or administrative actions to the extent that procedural requirements applicable to these actions per- mit simultaneous processing. 14.Every decision or recommendation made under this chapter by the Council or Planning Commission shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. 15.Binding 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 may exist. B.Specific Conditions and Requirements: 1.Prior to submission of a binding site plan application and map,the subdivider or the subdivider's representa-El tive shall schedule a pre-application conference with the (1. Plat Administrator and representatives of other affected (A) city departments.The subdivider shall present a concep- taal idea of the binding site plan.The Plat Administra- tot and representatives of affected city departments will respond informally and address potential items of concern to aid the subdivider in preparing the binding site plan. 2.The binding site plan application and map shall be filed with the Plat Administrator on forms prescribed by the Community Development Division of the Municipal Services Department.Said application shall be accompanied by twelve (12)copies of the binding site plan and map. 3.The binding site plan and master plan [twelve (12)sets of prints plus the original tracing and a reproducable mylar cop.y)shall be a neat and accurate drawing in black permanent ink prepared,stamped,and signed by a regis- tered professional land surveyor licensed by the State of Washington.The trimmedsize of the binding site plan and master plan shall measure eighteen inches (18")by twenty-four inches (24")with a one and a half inch (1 1/ 2")margin on the top or left margin and a half inch (1/ 2")border on the remaining three (3)margins.The bind- ing site plan shall be drawn on two (2)or more sheets if ORD.1352/Page 3 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 developmentofthebindingsiteplan. 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 subdividerishallsubmitalistofthenamesandaddressesofallownersofrecordofrealpropertywithinthreehundredfeet(300')of real property which lies adjacent to theexternalboundariesoftheproposedsubdivisionandisownedbythesubdivider. 6.The binding site plan shall bear all inscriptions or at-tachments setting forth appropriate limitations and con-ditions for the use of the land. 7.The binding site plan shall contain provisions making alldevelopmentsconformwiththebindingsiteplan. 8.A non-refundable fee of one hundred thrity dollars ($130)shall accompany each and every application for a bindingsiteplan. 9.Required dedication of all streets,right-of-ways,parks,playgrounds,easements,reservations,irrigation waterright-of-ways,and any area to be dedicated to publicuse,together with any restrictions or limitations there-on shall be submitted as a part of the binding 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 of thebindingsiteplanandapplicationwiththePlatAd-ministrator confirming that the title of the land asdescribedandshownonthebindingsiteplanisinthenameoftheownerssigningthebindingsiteplanorinstrumentofdedication. b.A certificate from the Grant County Treasurer in-dicating that all taxes and assessments on the prop-erty included in the binding site plan or dedicationhavebeenpaidaccordingtotheprovisionsofRCW58.08.030 and RCW58.10.040 as now enacted orhereafteramended. 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. I 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 publicways,parks,playgrounds and easements intended tobededicatedforpublicuse,or granted for use ofinhabitantsofthebindingsiteplan. c.The lines and names of all existing or plattedstreetsorotherpublicways,parks,playgrounds, -3 - and easements adjacent to the binding site plan,ordedication,including municipal boundaries,township 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 necessary for the location of any lot line in the field. 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 adjacent thereto. j.The date,true north point,scale,datum plane,and date of survey. k.The boundary of the binding site plan,the courses and distances marked thereon,as determined by a field survey made by a registered and qualified 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 (l')in ten thousand feet (10,000')in the Central Business District. 1.The elevations of all permanent monumentsbased on a datum plain 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.C. p.All linear dimensions shall be given in feet and () decimals of a foot to the nearest hundredth. q.The scale of the binding site plan shall be not more than one hundred feet (100')to the inch.Except that the City Engineer,subject to a request prior to binding site plan submittal,may approve an al- ternative binding site plan map scale not to exceed one hundred feet (100')to the inch. r.If the Binding Site Pan constitutes a redivision, the lots,blocks,streets,etc.of the original plat shall be shown by dotted lines in their proper posi- tions in relation to the new arrangement of the binding site plan,the binding site plan being so clearly shown in solid lines as to avoid ambiguity. s.The subdivider's land surveyor shall set all re- quired monuments and shall stake all lot corners as shown on the binding site plan before the binding site plan is submitted for approval. t.If any of the parcels can be further divided or if only a portion of a tract is being divided,location -4 - ORD.1352/Page 5 of future streets,alleys,and lot lines shall beshownbydottedlines. u.A vicinity map at a scale of not more than four hun-dred feet (400')to the inch.Except that the CityEngineer,subject to a request prior to plat submit-tal,may approve an alternative vicinity map scaleexceedingfourhundredfeet(400')to the inch.Thevicinitymapshallshowalladjacentparcels.ItIshallshowhowthestreetsandalleysinthepro-posed subdivision may connect with existing and pro-posed streets and alleys in neighboring subdivisionsorunplattedpropertytoproduceanadvantageousdevelopmentoftheentireneighborhood. 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,curb andgutter,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 maximum of two foot(2')intervals of contours. d.Present zoning classification on and adjacent to thebindingsiteplan. e.Public dedications for park land, f.Name(s)of owner(s)of the proposed binding siteplan. g.Location and dimensions of all existing and proposedirrigationwaterright-of-ways on and adjacent totheproposedbindingsiteplan. 13.Any deed restrictions or covenants existing or proposedshallbedrawnonthebindingsiteplan. 14.Submit all lot,block,and boundary closures to the CityEngineer. 15.The binding site plan shall contain the legal descriptionofthesubdivisionandthefollowingdedication,acknowledgment,and endorsement statements shall appeariinthefollowingsequenceinblackpermanentinkeitherbyhandormechanicaldevice: Legal Description: Declaration: The owner in fee simple of the land herein described is .The owner does hereby establish a binding siteplanforthepurposeofleaseofportionsthereof,pursuant to RCWChapter58.17,and Title 17 of the Moses Lake Municipal Code and that the undersigned -5 - 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 Signature Date Signature Date Signature Date Signature Date Acknowledgment State of Washignton 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 purpsoes mentioned inthe instrument. Dated Signature of Notary Public My appointed expires Inscriptions: i Land Surveyor's Declaration: I hereby certify that this binding site plan is a true and correct representa- tion of the lands actually surveyed. I hereby declare that the binding site plan of ,the heretofore described tract of land,is based upon an actual survey and that all the distances and courses shown thereon are correct to the best of my ):* knowledge,information,and belief;and that I have fully complied with the (I) provisions of the statutes and platting regulations.(• Professional Land Surveyor ËË) Certificate No.-,) Approvals: Examined and approved on ,19 pursuant to RCVand Title 17,Moses Lake Municipal Code. ~¯¯¯ Plat Administrator Examined and approved by the Moses Lake City Engineer on ,19 . City Engineer Examined and approved by the Moses Lake Planning Commission on , 19__. Planning Commission Chairman -6 - ORD.1352/Page 7 Examined and approved by the Moses Lake City Council on ,19__. City Manager ATTEST: City Clerk i This is to certify that all taxes and assessments which are now due andpayableaccordingtotherecordsofGrantCountyhavebeenfullypaid. Grant County Treasurer Date Filed for the record at the request of the City of Moses Lake this dayof,19 _,in Volume of Plats,on page ,records ofGrantCounty,Washington. Grant County Auditor by Deputy Auditor Section 2.This ordinance shall take effect and be in force five (5)daysafteritspassageandpublicationasprovidedbylaw. AAdoptedby the City Cou Finance Director SUMMARYPUBLISHED12/30/88 i -7 -