2397• ORDINANCE NO. 2397
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 comprised of 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 comprise the entire original binding site plan and 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. The
water meters shall be owned by the city water utility. The meters shall be installed at
locations approved by the Municipal Services Director. A perpetual municipal easement
to allow the city water utility to access the water meters for reading and repairing shall be
filed with the Grant County Auditors's Office concurrently with the original binding site • plan of a platted lot.
ORDINANCE NO. 2397
PAGE 2 May 27, 2008
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.
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;
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ORDINANCE NO. 2397
PAGE 3 May 27, 2008
(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.
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 request 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, the parcels of the
preceding Binding Site Plan shall be shown by dotted lines in their proper positions 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. •
Adopted by the City Council and signed by its Mayor on-Ma 108.
Ronald C. Covey,:-Ivtajtoi
ATTES
C
ames A. Whitaker, City Attor
ORDINANCE NO. 2397
PAGE 4 May 27, 2008
8. The subdivider's land surveyor shall set all required monuments and shall stake all parcel
corners as shown on the Binding Site Plan before the Binding Site Plan is submitted for
approval.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Ronald ConJ inance Director
APPROVED AS TO FORM:
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