1769_00001ORDINANCE NO.1769
AN ORDINANCE AMENDINGCHAPTER 17.26 OF THEMOSES LAKEMUNICI-
PAL CODE ENTITLED "BINDINGSITE PLAN"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 17.26 ofthe Moses Lake Municipal Code entitled"Bindings Site Plan"is amended asfollows:
17.26.010 Purpose:The procedures regulating Binding Site Plans are established to provide analternativeprocedurefortheorderlyandefficientdivisionofplattedlandintoparcelsforthe
purpose of lease orsale for industrial or commercial uses of the land upon which no residential
structures willbe placed when morethan one (1)principal building is to be constructedon one(1)Iot of record;to provide an alternative procedure for the orderly and efficient division of
platted land into parcels for the purpose of lease for manufactured homes or travel trailers;to
promote the general health,safety,andwelfare;and to substantiallycomplywiththe provisions
of RCW Chapter 58.17.The Binding Site Plan procedures specified herein are available as
a complement to other methods for subdividing land for commercial and industrial develop-
ment.The Binding Site Plan shall be the required method of development for manufactured
home parks.The BindingSite Plan procedures ofthischapter shall have principal applicationtocommercialandindustrialparksandmanufacturedhomeparks.
17.26.020 BindinqSite Plan Conditionsand Requirements:
A.General Conditions and Requirements:
1,Binding Site Plans shall be filed as a record ofsurvey in theGrant County Auditor's
Office.
2.A commercial or industrial Binding Site Plan authorizes a sale or transferof a parcel.
The Binding Site Plan and all of its requirementsshall be legally enforceable on the
purchaser or other person acquiring ownershipof the parcel.The sale or transfer of
such parcel in violation of the Binding Site Plan,or without obtaininga BindingSite
Plan approval,shall be considered a violationof Chapter 58.17 RCW and shall be
restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.The
sale or other transferof ownership of a parcel of a commercial or industrial Binding
Site Plan shall be filed as a recordof survey in theGrant CountyAuditor's office.
3.WiebileManufactured home park and recreational vehicle park Binding Site Plans shall
not authorize the sale or transfer of ownershipof a parcel of theBinding Site Plan.
4.Alteration of an approved Binding Site Plan shall be accomplished by submitting anamendedBindingSitePlantotheSeniorPlanner.The amended Binding Site Plan
shall be processed subject to all the procedures and requirementsof this chapter.
5.All improvements (i.e.:water services,fire lines,building sewers,private accessstreets,etc,)within the Binding Site Plan boundaries shall be privately held andmaintainedbythepropertyowner/s.The Binding Site Plan shall make adequate
provisionfor intemal private access streets,curbs,gutters,sidewalks,street lighting
circuits,alleys,connection to municipalutilities (sewerand water)in the existingdedicatedstreettheBindingSitePlanadjoins,drainage ways,other public ways,orothermunicipalimprovementsasdeemednecessaryinconformancewiththeCityofMosesLake's CommunityStreet and UtilityStandards and the City of Moses Lake'sDesignStandardsineffectatthetimeoftheBindingSitePlanapproval.
6.The Binding Site Plan shall front on an existing dedicated street There shall be
adequate access to all parcels.Existingdedicated streets shall be improved to theCityofMosesLake's CommunityStreet and UtilityStandards,Private streets shall
have direct access onto a dedicated street.
7.The Binding Site Plan shall complywithall zoning and health regulations.
O 8.The Binding Site Plan shall be consistent with the City of Moses Lake's Compre-
hensive Plan.
9.The Binding Site Plan shall provide for irrigation water right-of-ways as now enacted
or hereafter amended.
10.Environmental information shall be prepared and submitted in accordance with theguidelinesestablishedundertheStateEnvironmentalPolicyActof1971,as amended.Said information is a part of and must accompany the Binding Site Plan application.
11.Unless an applicantfor a Binding Site Plan requests otherwise and where theSeniorPlanneragrees,a Binding Site Plan shall be processed simultaneously with theapplicationforplatting,rezones,variances,planned unit developments,site planapprovals,and similarquasi-judicial or administrativeactions totheextentthat proce-dural requirements applicableto these actions permit simultaneous processing.
ORD.1769/Page 2
12.Binding Site Plans shall be approved,disapproved,or returned to the applicant for
modificationwithin ninety (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 as provided in RCW 43.21C.030,the ninety (90)day
period shall not include the time spent preparing and circulatingthe Environmental
impact Statement by the local governmental agency.
B.Specific Conditions and Requirements:
1.Prior tosubmission of a Binding Site Plan application and map,the subdivider or thesubdivider's representative shall schedule a pre-applicationconferencewiththeSenior
Planner and representatives of other affected City of Moses Lake departments.ThesubdividershallpresentaconceptualideaoftheBindingSitePlan.The Senior
Planner and representatives ofaffected City of Moses Lake departments willrespondinformallyandaddresspotentialitemsofconcerntoaidthesubdividerinpreparingtheBindingSitePlan.
2.The Binding Site Plan applicationand map shall be filed with the Senior Planner onformsprescribedbytheCommunityDevelopmentDivisionoftheMunicipalServices
Department Said application shall be accompanied by twelve(12)copies of the
Binding Site Plan and map.
3.The Binding Site Plan [twelve(12)sets ofprintsplus the originaltracingand a repro-ducible mylar copy)shall be a neat and accurate drawing in black permanent ink
prepared,stamped,and signed by a registered professional land surveyorlicensed by
the State of Washington.The trimmedsize of the Binding Site Plan shall measureeighteeninches(18")by twenty-fourinches (24")with a one and a half inch (11/2")
marginon the top or left marginand a half inch (1/2")border on the remainingthree(3)margins.The Binding Site Plan shall be drawn on two(2)or more sheets if the
scale necessary to accommodatethemapon one (1)sheet would unduly congest thedrawing.
4.The Binding Site Plan shall bear allinscriptions or attachments setting forth appropri-
ate limitations and conditions for the use of the land.
5.The Binding Site Plan shall contain provisions making all developments conform with
the Binding Site Plan,
6.Review fees per Moses Lake Municipal Code Chapter 3.54.
7.Allpublicdedications shown on the plat being overlayed shall also be shown on theBindingSitePlan.
8.The Binding Site Plan shall be accompanied by thefollowing:
a.A plat certificate from a title company licensed to do business in the State of
Washington and dated withinthirty(30)days of the date of filing of the Binding
Site Plan and application with the Senior Planner confirming that thetitleof thelandasdescribedandshownontheBindingSitePlanisinthenameofthe
owners signingthe Binding Site Plan or instrument of dedication.
b.Acertificate from the Grant County Treasurer indicating thatall taxes and assess-ments on the property included in the Binding Site Plan or dedication have been
paid according to the provisions of RCW 58.08.030 and RCW 58.10.040 as now
enacted or hereafter amended.
c.AIIcovenants proposed to run with the land.
9.The Binding Site Plan shall contain thefollowing:
a.Alldocuments,maps,and surveynotes shallclearlyshowthe name of the Binding
Site Plan,the name(s)of the subdivider(s)and the name of the registered land
surveyor responsible to the subdivider(s).
b.The title shall include the type of Binding Site Plan (commercial,industrial,
manufactured home park or recreationalvehicle park)and read as follows;
(TYPE OF)BINDING SITE PLAN
of
(NAMEOF THE PLAT/SHORT PLAT)
A Record of Survey
c.The lines and names ofall existing or platted streets or other public ways,parks,
playgrounds,and easements adjacentto the Binding Site Plan,or dedication,
including municipal boundaries,townshiplines,and section lines.
d.Parcel locations including dimensions and number or letter designations.
ORD.1769/Page 3
e.The lengths and bearings of all straight lines,curve radii,arcs,and semi-tangentsofallcurves.
f.AIIdimensions along thelines of each parcel with the truebearings and also anyotherdatanecessaryforthelocationofanyparcellineinthefield.
g.Suitable primary controlpoints,approvedby the CityEngineeror descriptions andtiestosuchcontrolpoints,to whichall dimensions,angles,bearings,and similardatagivenontheplanshallbereferred,
h.The location ofall permanent monuments,property corners,and parcel corners.
i.The names of all subdivisions immediately adjacent thereto,
j.The date,true northpoint,scale,datum plane,and date of survey.
k.The boundary of the Binding Site Plan,the courses and distances markedthereon,as determined by a fieldsurveymade by a registered and qualifiedland
surveyor ofthe state,and withan allowableerror not to exceed one foot (1')in
five thousandfeet (5,000')and one foot (1')in tenthousandfeet (10,000')in theCentralBusinessDistrict.
I.The elevations of all permanent monuments based on a datum plane approvedbytheCityEngineer.
m.Certification by a registered land surveyor of accuracy of the Binding Site Plan
map and survey.
n.Locationand dimensions of all irrigation water right-of-ways.
o.AIIlinear dimensions shall be given in feet and decimals ofa foot to the nearesthundredth.
p.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 BindingSitePlansubmittal,may approve an alternative Binding Site Plan map scale not
to exceed one hundred feet (100')tothe inch.
O q.Ifthe Binding Site Plan is a redivisionor amendment toan existing Binding SitePlan,the parcels,of the preceding Binding Site Plan shall be shown by dotted
lines in their proper positionsin relation to the new arrangement of the BindingSitePlan,the Binding Site Plan being so clearly shown in solid lines as to avoid
ambiguity,
r.The subdivider's land surveyor shall set all required monuments and shall stakeallparcelcornersasshownontheBindingSitePlanbeforetheBindingSitePlan
is submitted for approval.
s.A vicinity map at a scale of not more than four hundred feet (400')to the inch.
Except that the City Engineer,subject to a request prior to plat submittal,mayapproveanalternativevicinitymapscaleexceedingfourhundredfeet(400')totheinch.The vicinity map shall show all adjacent parcels.It shall show how thestreetsandalleysintheproposedsubdivisionmayconnectwithexistingandproposedstreetsandalleysinneighboringsubdivisionsorunplattedpropertytoproduceanadvantageousdevelopmentoftheentireneighborhood.
t.The street address for theBinding Site Plan willbe assigned to themajoraccesstothededicatedstreettheBindingSitePlanfrontsupon.
u.United States Bureau of Reclamation horizontal and vertical data including benchmarks.
12.Any deed restrictions or covenants existingor proposed shall be drawn on theBindingSitePlan,
13.Submit all parcel and boundary closures to theCity Engineer.
14.The Binding Site Plan shall contain the legal description of the subdivisionand thefollowingdeclaration,acknowledgment,and endorsement statements shall appear inthefollowingsequenceinblackpermanentinkeitherbyhandormechanicaldevice:
Legal Description:
ORD.1769/Page 4
The owner in fee simple of the land herein described is .The owner does
hereby establish a Binding Site Plan forthe purpose of lease and/or sale of portionsthereof,pursuant toRCWChapter58.17,and Title 17 of the Moses Lake Municipal Code and thatthe undersigned declares
that development of the property herein described shall conformto all inscriptions contained hereon.
Signature Date Signature Date
Signature Date Signature Date OAcknowledgment
State of Washington
County of Grant
I certify thatI 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 theinstrument.
Dated
Signature of Notary Public
Myappointment expires
Survevor's Certificate:
This map correctly represents a survey made by me or under my direction in conformance with therequirementsoftheSurveyRecordingActastherequestofin
,19
Name of Person
(Signedand Sealed)
Certificate No.
Auditor's Certificate:
Filed for the record day of ,19 at M.in book surveys of
at page _at the request of the Cityof Moses Lake.
Grant County Auditor
Deputy CountyAuditor
Approvals:
Examined and approved by theMoses Lake CityManageron ,19
City Manager
Section 2.This ordinance shall takeeffect and be in force five (5)days after its passage and publication
of its summary as provided by law.
Adopted by the City Council and signed by its Mayor on May 27,1997.
ATTEST:Mbý'
Finance Director
APPR ED AS TO FORM:
ity Attorney *
PUBLISH:5/30/97