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2384I ORDINANCE NO. 2384 • AN ORDINANCE AMENDING CHAPTER 17.25 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "BINDING SITE PLAN" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.25 of the Moses Lake Municipal Code entitled "Binding Site Plan" is amended as follows: 17.25.020 Binding Site Plan Conditions and Requirements: A. General Conditions and Requirements: 1.The Binding Site Plan shall only be submitted for property that is currently platted or is in the process of being platted. The Binding Site Plan shall not be filed until the underlying plat has been recorded at the Grant County Auditor's Office. 2.The Binding Site Plan should be processed simultaneously with the application for platting, re-zones, waivers, deferrals, or deviations, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent those procedural requirements applicable to these actions permit simultaneous processing. 3.The Binding Site Plan shall be contained in one platted lot. 4.The Binding Site Plans shall be filed as a record of survey in the Grant County Auditor's Office. • 5. A commercial or industrial Binding Site Plan authorizes a sale or transfer of a parcel. The Binding Site Plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the parcel. The sale or transfer of such parcel in violation of the Binding Site Plan, or without obtaining a Binding Site Plan approval, shall be considered a violation of 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 transfer of ownership of a parcel of a commercial or industrial Binding Site Plan shall be filed as a record of survey in the Grant County Auditor's office. 6.Manufactured home park and recreational vehicle park Binding Site Plans shall not authorize the sale or transfer of ownership of a parcel of the Binding Site Plan. 7.Alteration of an approved Binding Site Plan shall be accomplished by submitting an amended Binding Site Plan to the Community Development Director. The amended Binding Site Plan shall be processed subject to all the procedures and requirements of this chapter. 8.All improvements (i.e.: water mains, sewer mains, fire hydrants, water services, water vaults, fire lines, building sewers, private access streets, etc,) within the Binding Site Plan boundaries shall be privately held and maintained by the property owner/s. All water and sewer mains, and appurtenances shall meet the current Moses Lake's Community Street and Utility Standards. The construction plans shall be reviewed and approved by the City Engineer prior to installing any water and sewer mains, and appurtenances. 9. The Binding Site Plan shall comply with all zoning and health regulations. The survey and drafting standards shall comply with all the regulations set forth in state law including Revised Code of Washington Title 58 and Washington Administrative Code Title 332. • ORDINANCE NO. 2384 PAGE 2 March 25, 2008 10.The Binding Site Plan shall be consistent with the City of Moses Lake's Comprehensive Plan. 11.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. 12.Binding Site Plans shall be approved, disapproved, or returned to the applicant for modification within 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 circulating the Environmental Impact Statement by the local governmental agency. B. Specific Conditions and Requirements: 1.Prior to submission of a Binding Site Plan application and map, the applicant or his representative shall schedule a pre-application conference with the Community Development Department. The applicant shall present a conceptual idea of the Binding Site Plan. The Community Development Director and representatives of affected City of Moses Lake departments will respond informally and address potential items of concern to aid the applicant in preparing the Binding Site Plan. 2.The Binding Site Plan application and map shall be filed with the Community Development Department on forms prescribed by the Community Development Department. Said application shall be accompanied by four (4) copies of the Binding Site Plan. 3.The Binding Site Plan shall be a neat and accurate drawing in black permanent ink prepared, stamped, and signed by a registered professional land surveyor licensed by the State of Washington. The trimmed size of the Binding Site 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 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 applicant shall pay the review fees listed in Moses Lake Municipal Code Chapter 3.54 at the time of submittal. 5.All public dedications shown on the plat being overlaid shall be shown on the Binding Site Plan. 6.The Binding Site Plan shall contain the following: a.The title to read as follows; (NAME OF THE PLAT/SHORT PLAT) (TYPE OF) BINDING SITE PLAN A Record of Survey b.All existing streets and municipal and public easements including those shown on an underlying preliminary plat. c.Parcel locations including dimensions and number or letter designations. • • • • ORDINANCE NO. 2384 PAGE 3 March 25, 2008 d.All dimensions along the lines of each parcel with the bearings and any other data necessary for the location of any parcel line in the field. e.The names of all subdivisions immediately adjacent thereto. f.The scale of the Binding Site Plan, which shall not be more than one hundred feet (100') to the inch. An alternate scale may be approved by the Community Development Director for Binding Site Plans on large parcels of land. g.A vicinity map at a sufficient scale that shows the location of the Binding Site Plan. h.Surveyor's Certificate: This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of in , 20 Name of Person (Signed and Sealed) Certificate No. i.Auditor's Certificate: Filed for the record day of , 20 at M. in book surveys of at page at the re uest of the City of Moses Lake. Grant County Auditor by Deputy Auditor J. Approvals: Examined and approved by the Moses Lake City Manager on , 20 City Manager 7.If the Binding Site Plan is a re-division to an existing Binding Site Plan preceding Binding Site Plan shall be shown by dotted lines in their proper to the new arrangement of the Binding Site Plan, the Binding Site Plan be in solid lines as to avoid ambiguity. 8.The subdivider's land surveyor shall set all required monuments an corners as shown on the Binding Site Plan before the Binding Sit approval. , the parcels of the positions in relation ing so clearly shown shall stake all parcel e Plan is submitted for 17.25.070 Appeals: Any decision approving or disapproving any Binding Site Pi provided in Chapter 20.11 of this code. an shall be reviewable as •r,2 "g1e and publication of Section 2. This ordinance shall take effect and be in force five (5) days after its its summary as provided by law. ORDINANCE NO. 2384 PAGE 4 March 25, 2008 Adopted by the City Council and signed by its Mayor on March 25, 2 Ronald C. Covey, Mayor ATTEST: rues A. Whitaker, City Attorney Ronald R. Cone, Finance Director APPROVED AS TO FORM: • •